Terms of Use

AGREEMENT BETWEEN USER AND CLOUD-9

Welcome to Cloud-9. The Cloud-9 website [www.cloud-9.bike] is comprised of various web pages operated by Cloud-9. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Cloud-9 website constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

PRIVACY

Your use of www.cloud-9.bike is subject to Cloud-9 Privacy Policy. Please review our privacy policy, which also governs the Site and informs users of our data collection practices.

ELECTRONIC COMMUNICATIONS

Visiting www.cloud-9.bike or sending emails to Cloud-9 constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

CHILDREN UNDER THIRTEEN

Cloud-9 does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.cloud-9.bike only with the permission of a parent or guardian.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES

http://www.cloud-9.bike may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Cloud-9, and Cloud-9 is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Cloud-9 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cloud-9 of the Site or any association with its operators.

Certain services made available via http://www.cloud-9.bike are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.cloud-9.bike domain, you hereby acknowledge and consent that Cloud-9 may share such information and data with any third party with whom Cloud-9 has a contractual relationship to provide the requested product, service or functionality on behalf of http://www.cloud-9.bike users and customers.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use http://www.cloud-9.bike strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Cloud-9 that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Cloud-9 or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Cloud-9 content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Cloud-9 and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Cloud-9 or our licensors except as expressly authorized by these Terms.

INTERNATIONAL USERS

The service is controlled, operated, and administered by Cloud-9 from our offices within the USA. If you access the service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Clou-9 content accessed through http://www.cloud-9.bike in any country or any manner prohibited by any applicable laws, restrictions, or regulations.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SUN BICYCLES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

CLOUD-9 AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CLOUD-9 AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUN BICYCLES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUN BICYCLES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

CHANGES TO TERMS

Cloud-9 reserves the right, in its sole discretion, to change the Terms under which www.cloud-9.bike is offered. The most current version of the Terms will supersede all previous versions. Cloud-9 encourages you to periodically review the Terms to stay informed of our updates.

CONTACT US

Cloud-9 welcomes your questions or comments regarding the Terms:

Cloud-9
PO Box 161859
Miami, Florida 33116