Terms of Service

     PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT THOROUGHLY. BY ACCESSING OR USING OUR WEBSITE AND/OR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS REFERENCED WITHIN. IT IS YOUR RESPONSIBILITY AS THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE GOING ON TO USE THIS SITE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 11/15/2017.

     By using this website and placing any order, you represent and warrant that you are of legal age to form a binding contract with Cloud 9 Lives.

    

Terms of Use

  • Shipping charges may apply.

  • Your credit/debit card will be charged when your order is placed.

  • Please be aware that due to the handmade nature of our products, your order may vary in size, shape, and color from the samples pictured on our website.

  • Because of the customizable nature of our product, we do not accept returns and consider all sales final.

  • A refund or replacement may be issued only if the product is damaged upon arrival.


 Acceptance of Terms


      The following Terms of Service Agreement ("TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Cloud 9 Lives, which includes Cloud9Lives.com, (the "Site") and its Services, as defined below.


Description of Services


      Cloud 9 Lives is an online store selling handmade pet supplies and gift items. Cloud 9 Lives also includes a blog offering advice about animal care.


      Any and all visitors to our site shall be deemed as "users" of our Services for the purpose of this TOS.


      The user acknowledges and agrees that the Services provided and made available through our website are the sole property of Cloud 9 Lives. At its discretion, Cloud 9 Lives may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stated. Cloud 9 Lives hereby reserves the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Cloud 9 Lives shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services immediately.
     

     Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such Cloud 9 Lives shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.


Privacy Policy


      Every user's personal information is strictly protected by Cloud 9 Lives' Privacy Policy (see the full Privacy Policy at https://www.cloud9lives.com/privacy-policy). As a user, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Cloud 9 Lives.


Interstate Communication


     You hereby acknowledge that by using Cloud9Lives.com to send electronic communications, which would include, but are not limited to, email, searches, comments, uploading of files, photos and/or videos, you will be causing communications to be sent through a computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.

Cautions for Global Use and Export/Import Compliance


     Due to the global nature of the internet, through the use of our site you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our site, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear), as well as the sanctions control program of the United States (https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
 a)     are not on the list of prohibited individuals which may be identified on any government export exclusion report (https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
 b)    agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
c)     agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
 d)    agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

Content Placed or Made Available for Company Services


     Cloud 9 Lives shall not lay claim to ownership of any content submitted by any visitor or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Cloud 9 Lives the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
 a)     The content submitted or made available for inclusion on the publicly accessible areas of Cloud 9 Lives' sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Cloud 9 Lives' sites, and shall terminate at such time when you elect to discontinue your membership.
 b)    Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Cloud 9 Lives' sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Cloud 9 Lives' sites and shall terminate at such time when you elect to discontinue your membership.
 c)     For any other content submitted or made available for inclusion on the publicly accessible areas of Cloud 9 Lives' sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
 Those areas which may be deemed "publicly accessible" areas of Cloud 9 Lives' sites are those such areas of our network properties which are meant to be available to the general public.
 

Contributions to Company Website


      Cloud 9 Lives provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
 a)     your contributions do not contain any type of confidential or proprietary information;
 b)    shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
 c)     shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
 d)    the contributor's Contributions shall automatically become the sole property of;  and
 e)     is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.


Indemnity


      All users herein agree to insure and hold Cloud 9 Lives, our subsidiaries, affiliates, agents, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of  Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.


Commercial Reuse of Service
 The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to our site.


Modifications


      Cloud 9 Lives shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

Links


      Either Cloud 9 Lives or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Cloud 9 Lives shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.


 Proprietary Rights


      You do hereby acknowledge and agree that Cloud 9 Lives' Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Cloud 9 Lives or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Cloud 9 Lives Services (e.g. Content or Software), in whole or part.
 Cloud 9 Lives herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Cloud 9 Lives for use in accessing our Services
 

WARRANTY DISCLAIMERS


 YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
 a)     THE USE OF CLOUD 9 LIVES SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. CLOUD 9 LIVES AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
 b)    CLOUD 9 LIVES AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) CLOUD 9 LIVES SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) CLOUD 9 LIVES SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE CLOUD 9 LIVES SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
 c)     ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF CLOUD 9 LIVES SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
 d)    NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM CLOUD 9 LIVES OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
 e)     A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.


 LIMITATION OF LIABILITY


     YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CLOUD 9 LIVES AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
 a)     THE USE OR INABILITY TO USE OUR SERVICE;
 b)    THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
 c)     UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
 d)    STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
 e)     AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.


Release


      In the event you have a dispute, you agree to release Cloud 9 Lives (and its officers, directors, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

Exclusion and Limitations


     THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
 THIRD PARTY BENEFICIARIES
     You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.


Notice


     Cloud 9 Lives may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.


Trademark Information


     You herein acknowledge, understand and agree that all of the Cloud 9 Lives trademarks, copyright, trade name, service marks, and other Cloud 9 Lives logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Cloud 9 Lives. You herein agree not to display and/or use in any manner the Cloud 9 Lives logo or marks without obtaining Cloud 9 Lives' prior written consent.


Entire Agreement


     These terms constitute the entire agreement between you and Cloud 9 Lives and shall govern your use of our site, superseding any prior version of these terms. You may also be subject to additional terms and conditions outlined elsewhere on our website.


Choice of Law and Forum

      At the mutual agreement of both you and Cloud 9 Lives, with regard to this Terms of Service agreement, that the relationship between the parties shall be governed by the laws of the state of Texas without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the terms outlined herein, or the relationship between you and Cloud 9 Lives, shall be filed within the courts having jurisdiction within the County of Bexar, Texas or the U.S. District Court located in said state. You and Cloud 9 Lives agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.


 Waiver and Severability of Terms

     Should Cloud 9 Lives fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.


Statute of Limitations

     You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 4 year(s) after said claim or cause of action arose or shall be forever barred.


Violations
 Please report any and all violations of this agreement to Cloud 9 Lives using the following contact information:
 Mailing Address: Cloud 9 Lives, 10442 Alpine Village San Antonio, Texas 78245

Email: kate@cloud9lives.com

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