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Terms of Use

 

Welcome! Subject to these Terms of Use, Cloud 9 Sports LLC, the owner of DynamicSpike Volleyball (referred to herein as “Cloud 9 Sports LLC,” “We,” “Our,” “Us”), provide you with access to our website www.dynamicspikevolleyball.com (“Website”).

1. Acceptance of Terms of Use

By using, registering with, or purchasing products on this Website, you represent and warrant that you have the authority to access and use the Website according to these Terms of Use (“Agreement”), and that you agree to this Agreement without limitation or qualification. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior agreements, representations, warranties, and understandings with respect to the Website, the content, products or services provided by or through the Website, and the subject matter of this Agreement. We may amend this Agreement at any time without notice.

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

You may not (a) copy, print (except as permitted above), republish, display, distribute, transmit, sell, rent, lease, lend, or otherwise make available in any form or by any means any or all portion of the Website or any Content obtained from it without the express prior written permission of Cloud 9 Sports LLC; (b) use the Website or any Content obtained from it to develop, or use as a component of, any information, storage and retrieval system, database, or similar resource (in any medium now existing or hereafter developed), whether for commercial or non-commercial use; (c) create compilations or derivative works of any Content from the Website; (d) use any Content Website in any manner that may infringe any copyright, trademark, or other intellectual property right, proprietary right, or property right of Cloud 9 Sports LLC or any third parties; (e) remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Website; (f) make any portion of the Website available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future; (g) remove, decompile, disassemble, or reverse engineer the Website software or use any network monitoring or discovery software to determine the Website architecture; (h) use any automatic or manual process to harvest information from the Website; (i) use the Website for junk mail, commercial or non-commercial “spamming” solicitations, chain letters, or bulk communications of any kind, including but not limited to distribution lists; (j) use the Website in a manner that could damage, disable, overburden, or impair the Website or interfere with any other person’s use of the Website; (k) introduce, transmit, distribute, or otherwise make available in any manner through the Website any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs, or other malicious or harmful programming (collectively, “Viruses”).

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 registration for certain Website features, or your placement of orders to purchase products from the Website, may require you to provide personally identifiable information (“PII”) such as your name, mailing and shipping address, email address, phone number, and payment information. You hereby agree to provide us with complete and accurate registration information using your real name and PII. (Please read our Privacy Policy for details about your PII we may collect, how we use it, and how we protect it.) Any registration account you create is intended solely for your personal use and not on behalf of any other person or entity. When you purchase products from the Website, you represent and warrant that the payment card information you supply is true and complete, and that charges incurred by you will be honored by you and your payment card provider.

8. Nontransferable

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.

9. Children

Access to and use of this Website is intended only for people who can form legally binding agreements under applicable law. The Website is intended for a general audience but is not intended to be used by minor children, and per our Privacy Policy we do not knowingly accept personal information from any child and will immediately remove such information from our records when brought to our attention. Children accessing the Website should obtain the permission and assistance of a parent or legal guardian. If you allow your minor child or a child for whom you are legal guardian (a “Minor”) to access the Website, you shall bear sole responsibility for: (i) the online conduct of such Minor; (ii) monitoring such Minor’s access to and use of the Website; and (iii) the consequences of any use of the Website by such Minor.

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.

13. Advertisers

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, and you authorize us, to the assignment and use of any and all information regarding Website uses by you or information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever become our sole and exclusive property without limitation. We shall not be required to treat any Submission as confidential, and we shall not bear liability for any ideas (including, without limitation, product, service, or advertising ideas) or similarities that may appear in our future products, services, or operations. We shall be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission.

17. Privacy Policy.

Our Privacy Policy, which we may amend from time to time, is part of this Agreement. Please review our Privacy Policy by clicking on the link.

18. Termination/Suspension

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.

20. Disclaimer

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.

 

22. Indemnification

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.

 

24. Miscellaneous

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
Cloud9SportsLLC@gmail.com

These Terms of Use were last updated on 30 September 2020.