2. Our Communications to You
You consent to receive communications from us electronically. We may communicate with you by email, postal mail, phone, SMS text message, or by posting notices on this site. You agree that any notices, disclosures, amendments, or other communications provided to you electronically satisfy any requirement, legal or otherwise, that such communication be in writing.
3. Copyrights and Trademarks
This Website and all its content, text, video, audio, photographs, images, graphics, information, data, functionality, and other material displayed on or downloadable from the Website (the “Content”) are the property of, or are used with permission by, Cloud 9 Sports LLC and are protected by copyright, trademark, and other laws. The Content may not be used except as permitted in this Agreement or with the prior written permission of the owner of such Content. You may not modify the Content in any way or reproduce or publicly display, perform, distribute, or otherwise use the Content for any public or commercial purpose. Any unauthorized use of the Content may violate copyright, trademark, and other laws. You may not remove any copyright, trademark, or other proprietary notices from the Website or any of the Content.
Certain trademarks, trade names, service marks and logos, icons, and domain names used or displayed on the Website are owned by Cloud 9 Sports LLC. Some trademarks, trade names, service marks and logos, icons, and domain names used or displayed on the Website are owned by third parties and used with permission by Cloud 9 Sports LLC. Nothing on the Website grants or should be construed as granting you any license or right to use any of the trademarks, trade names, service marks or logos, icons, or domain names displayed or used on the Website without Cloud 9 Sports LLC’s prior written permission or the prior written permission of any such third party owners.
4. Permitted Uses
You may browse and use the Website solely for your personal, non-commercial purposes and in compliance with this Agreement. You may print out discrete information from the Website solely for your personal, non-commercial purposes provided that you maintain all copyright notices contained therein.
5. Prohibited Uses and Restrictions
6. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website and the Content therein.
7. Your Registration, Purchase, and Payment Details
Your right to use the Website, and any registrations or passwords you create to use the Website or its features, are not transferable or assignable.
10. Product Purchases and Shipping
We attempt to describe our products as accurately as possible. However, we do not warrant that any product description or other Content on the Website will always be complete, accurate, or error-free. If you believe a product you purchased on the Website does not conform to the product description, your sole and exclusive remedy is to return the product and obtain a refund. All products purchased from the Website are delivered by commercial carriers to the shipping address designated by the purchaser. Accordingly, the risk of loss and title to such purchased products passes, upon our delivery to the commercial carrier, to that commercial carrier and you. You share responsibility for filing any claims with carriers for damaged and/or lost shipments. Shipping charges may exceed actual shipping costs.
11. Return Policy
We stand behind our products and customer service, and we strive for your complete satisfaction. If you are not happy with your product purchase, please allow us the opportunity to make it right. Please refer to our Return Policy for additional information.
12. Information and Press Releases
The Website may contain information and press releases about us. We disclaim any duty or obligation to update this information or any press releases. Mention of third parties in these press releases does not necessarily imply endorsement by us.
The Website may contain advertising and sponsorships. Advertisers and sponsors bear responsibility for ensuring the material they submit for inclusion on the Website is accurate and complies with applicable laws. We bear no responsibility for errors, inaccuracy, or illegalities in the advertiser or sponsor’s materials.
14. Website Links
The Website may contain links to other third party websites. We bear no responsibility for the content, accuracy, or opinions expressed on such third party websites, and inclusion of links to these third party websites on our Website does not imply our endorsement or approval. If you leave our website and access these third party websites, you do so at your own risk.
You may link to our Website provided that (a) you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue linking to the Website immediately upon request by us.
15. Changes, Corrections, and Errors
We reserve the right at our sole discretion to change, edit, or delete Content on our the Website at any time with no notice. We do not represent or warrant that the Website and the Content and information will always be correct, timely, error-free, or free of viruses or other harmful components. However, if and when any errors, inaccuracies, or harmful components are brought to our attention, we will take all reasonable measures to make corrections within a reasonable period.
16. Use of Information
We reserve the right to suspend or terminate your use of the Website at any time, if we determine at our sole discretion that you have violated this Agreement or applicable laws, rules, or regulations, or that your conduct is harmful to us, our interests, or the interests of another user, advertiser, sponsor, third party service provider, or any other third party. We may cancel any product order placed through the Website at any time at our sole discretion. In the unlikely event of such an order cancellation, we will provide a full refund.
19. Suspicious or Unlawful Activity
We reserve the right to take any action we deem necessary in the event of suspicious, fraudulent, or unlawful activity in connection with the Website, including but limited to suspension or termination of Website access and registrations, cancellation of product orders, and reporting to and cooperation with law enforcement officials, regulators, and other third parties.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, CONTENT, AND ANY PRODUCTS PURCHASED FROM THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH ELSEWHERE IN THIS AGREEMENT, CLOUD 9 SPORTS LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, CONTENT, AND ANY PRODUCTS PURCHASED FROM THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
CLOUD 9 SPORTS LLC MAKES NO WARRANTY THAT THE WEBSITE, CONTENT, OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE, CONTENT, OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE.
CLOUD 9 SPORTS LLC DOES NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR ANY CONTENT WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ACKNOWLEDGE AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK.
THE WARRANTY DISCLAIMERS SET FORTH IN THIS SECTION DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
21. Limitations of Liability
IN NO EVENT SHALL CLOUD 9 SPORTS LLC BEAR LIABILITY FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, OR LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE WEBSITE OR ITS CONTENT, OR RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION, OR SERVICE PURCHASED BY YOU FROM US THROUGH OUR WEBSITE.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Unless prohibited by applicable law, you agree to indemnify and hold harmless Cloud 9 Sports LLC and our officers, directors, employees, subcontractors, successors, assigns, partners, agents, attorneys, advertisers and sponsors, product and service providers, and affiliates (collectively, “Affiliated Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or related to your use of this Website or any Content, the violation of this Agreement by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity.
IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, AT OUR SOLE DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE, OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD PARTY CLAIM WITHOUT OUR CONSENT.
23. Force Majeure
Cloud 9 Sports LLC shall not be liable for failure or delay in performing our obligations due to causes beyond our reasonable control, including acts of God, terrorism, war, riots, fire, earthquake, flood, or degradation or failure of third party networks or communications infrastructure.
In the event that any provision of this Agreement conflicts with applicable law, rule, regulation, or order, or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
25. Contact Us
We welcome your questions and comments. Please contact us at:
Cloud 9 Sports LLC, DBA DynamicSpike Volleyball
Attention: Website Inquiries
2300 Walnut Street, Unit 509
Denver, Colorado 80205