Terms & Conditions

Offer, Governing Provisions, and Cancellation

These terms and conditions of sale are an offer or counter-offer by Cloud Nine Ergo LLC ("We", "Us" or "Cloud Nine”) to sell the Cloud Nine products, the (“Products”) to you and any entity you represent ("you" or "your" or "yourself") in accordance with these terms and conditions (these “Terms”), is not an acceptance of any offer made by you, and is expressly conditioned upon your assent to these Terms. Cloud Nine objects to any additional or different terms contained in any request for proposal, purchase order, acknowledgement or other communication previously or hereafter provided by you. No such additional or different terms or conditions will be of any force or effect.

These Terms, together with the consistent terms provided by Cloud Nine in any quotation, order acknowledgment or invoice, shall be referred to herein as the “Agreement” and will be the entire agreement between Cloud Nine and you on the subject of the transaction described herein and therein; there are no conditions to the Agreement that are not so contained or incorporated.

THE AGREEMENT AND ANY DISPUTE ARISING HEREFROM WILL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE SUBSTANTIVE AND PROCEDURAL LAWS OF THE STATE OF TEXAS AND THE U.S. (WITHOUT REFERENCE TO PRINCIPLES OF CONFLICTS OF LAWS). THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER WILL NOT BE GOVERNED BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.

No accepted offer may be cancelled or altered, except upon terms and conditions accepted by Cloud Nine in writing, and no changes to the Agreement will be binding unless set forth in writing and manually signed by Cloud Nine. This offer may be revoked by Cloud Nine at any time before it is accepted. Neither your acceptance of this offer nor any conduct by Cloud Nine (including but not limited to shipment of Products) will oblige Cloud Nine to sell to you any quantity of Products in excess of the quantity that you have committed to purchase from Cloud Nine at the time of such acceptance or conduct.

Use, Copyright, and Trademark Policy

Please read these terms and conditions of use (“Terms of Use”) carefully. By accessing and using this website you are agreeing to be bound by these Terms of Use, including our Privacy Policy. If you do not agree to these Terms of Use, please do not use this website.

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Cloud Nine Ergo LLC. Copyright © 2020 Cloud Nine Ergo LLC. All Rights Reserved.

You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission.

All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

We may change the Terms of Use at any time by posting revisions with a new effective date. Your continued use of the website after a posted change in the Terms of Use is your agreement to the revised Terms of Use. You should review the Terms of Use from time to time to make sure that you are aware of the current Terms of Use.

You are granted a limited, non-exclusive, revocable and non-transferable license to access the website pursuant to these Terms of Use. We may change, suspend, or discontinue any aspect of the website at any time. We may also, without notice or liability, impose limits on certain features and services or restrict or deny your access to all or portions of the website. Except as expressly provided in these Terms of Use, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the website, or any of its contents, in whole or in part. You are only authorized to visit, view, and retain a copy of pages of the website for your own use in doing business with us. You agree that you shall not duplicate, download, publish, modify or otherwise distribute the material on the website for any other purpose. You also agree not to deep-link to the website for any commercial purpose, unless specifically authorized by us to do so. You may not use this website for any commercial purpose, such as to offer sales of merchandise or services, whether by advertising, solicitations, links, or any other form of communication, without prior written authorization by us. We may limit or terminate your use of this Site at any time, for any reason or no reason, in our sole discretion.

YOU EXPRESSLY AGREE THAT THIS WEBSITE AND THE MATERIALS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

UNDER NO CIRCUMSTANCES SHALL CLOUD NINE ERGO LLC, OUR SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, THE MATERIALS ON THIS WEBSITE, OR THE INFORMATION AVAILABLE THROUGH THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Our Privacy Policy is part of these Terms of Use.

By accessing or using the website, you represent and warrant that you are at least 18 years old.

Payment Terms, Methods, and Acceptance

All payment terms set forth in this document are subject to Cloud Nine’s approval of your credit, in Cloud Nine's discretion; if such approval is withheld, payment will be due in advance of Cloud Nine’s performance. Interest will be charged at the lesser of (i) 18% per year, or (ii) the highest rate permitted by applicable law, on accounts more than 30 calendar days past due. If production or shipment of completed Products, or other Cloud Nine performance, is delayed by you, Cloud Nine may immediately invoice, and you will pay, the percentage of the purchase price corresponding to the percentage of completion; in addition, you will compensate Cloud Nine for storage of completed Products or work in process during any such delay, whether stored at Cloud Nine’s facility or an independent storage company’s facilities.

All invoices are to be paid on or before the Due date of the Invoice. If a payment is not received for the full invoice including shipping and applicable taxes or the payment method is declined, you shall forfeit ownership of any items purchased and shall return the items to Cloud Nine at your own cost.

For US Customers: We accept the following credit cards: Visa, MasterCard, American Express and Discover. We also accept PayPal and financing through Affirm.

Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon placement of your order.

MONEY ORDERS, CASHIER'S CHECKS, COMPANY CHECKS AND PERSONAL CHECKS

We do not accept money orders, cashier’s checks, personal checks, or company checks. All payments need to be made by credit or debit card.

LINKS

This site may contain links to other sites on the Internet that are owned and operated by third parties. However, even if the third party is affiliated with Cloud Nine Ergo LLC, Cloud Nine Ergo LLC has no control over those linked websites, any of which may have separate terms and conditions of use and/ or privacy and data collection practices independent of those of Cloud Nine Ergo LLC. Those linked websites are only for your convenience and therefore you access them at your own risk. You acknowledge that Cloud Nine Ergo is not responsible for the operation of or content located on or through any such site..

ORDER ACCEPTANCE POLICY

Your receipt of an electronic or other form of order confirmation or order acknowledgment does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Cloud Nine reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.

OUT-OF-STOCK PRODUCTS

Items that are not available are clearly marked on our website. However, there may be times when the product you have ordered is out-of-stock which will delay fulfilling your order. We will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. Should you wish to cancel your order, please call our customer service team at (888) 232-5824 within the U.S. If the item has shipped, once it is rerouted back to our warehouse and we verify receipt you will be issued a full refund. This usually takes a few days.

Cloud Nine may at any time make such changes in design and construction of Products, components or parts as Cloud Nine deems appropriate, without notice. Cloud Nine may furnish suitable substitutes for materials unobtainable because of priorities or regulations established by governmental authority, or nonavailability of materials from suppliers.

WARRANTY AND RETURNS

Refer to our Warranty Policy<LINK>.

Refer to our Returns Policy<LINK>.

Privacy Policy

We keep your personal information private and secure. When you make a purchase from our site, you provide your name, email address, credit card information, address, phone number, and a password. We use this information to process your orders, to keep you updated on your orders and to personalize your shopping experience.

Our secure servers protect your information using advanced encryption techniques and firewall technology. To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the c9ergo.com site. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.

When entering any of our contests or prize drawings, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or drawing you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Sample Store site. You may unsubscribe from this news list by following the unsubscribe instructions in any email received. See our Privacy Policy for more details.

USE OF COOKIES

c9ergo.com uses cookies. Cookies allow you the ability to use features like the shopping cart, and also helps to personalize your experience by remembering preferences or parts of the website you’ve visited. We also use cookies to help us measure the effectiveness of our advertising and website, as well as helping to provide additional insight about user behavior so we can improve our advertising and communication.

Cookies are simple to disable. In Safari, go to “Preferences”, and then go to the Privacy pane and choose “block cookies.” In Internet Explorer, go to “tools”, then “internet options.” On the Privacy tab, under settings, move the slider to the top to block all cookies. In Chrome, touch the Chrome menu and go to “Settings”. In the “Advanced” section, click “Site settings” or “Content Settings”. Deselect “Cookies”. In Firefox, click the menu button and choose “Preferences”. Select the Privacy panel, and under “History”, change the drop down to “Firefox will: Use custom settings for history”. Under “Accept cookies from site”, select Never.

Please note that if you disable cookies in your browser, you may not be able to use c9ergo.com to it’s fullest, and it may affect your ability to use other popular websites as well.

The cookies used on our websites have been categorized based on the guidelines found in the ICC UK Cookie guide. We use the following categories on our website:

Category 1 – Strictly Necessary Cookies:
These cookies are essential to enable you to browse the website and use these features. Without these cookies, your shopping cart would not work.

Category 2 – Performance Cookies:
These cookies collect information about how you use our websites. This data is used to optimize our websites to enhance the user experience. These cookies do not collect any personally identifiable information like name, address, phone number or financial information. This information is collected in aggregate.

Category 3 – Functionality Cookies:
These cookies remember choices you make while browsing, and give us the ability to serve relevant messages to our site visitors whether they’re on our website or on websites that we advertise on. These cookies do not collect any personally identifiable information like name, address, phone number or financial information. This information is collected in aggregate.

We also use 3rd party vendor re-marketing tracking cookies, including the Google Adwords tracking cookie. This means we will continue to show ads to you across the internet, including on the Google Content Network (GCN). We respect your privacy and are not collecting any identifiable information through the use of Google’s or any other 3rd party remarketing systems.

The third-party vendors, including Google, whose services we use – will place cookies on web browsers in order to serve ads based on past visits to our website. Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to the c9ergo.com website. This allows us to market our products and services to those who have shown interest in our service.

OPT-OUT

If you do not wish to participate in Google AdWords Remarketing, you can opt out by visiting google.com/ads/preferences

You can also opt out of any third-party vendor's use of cookies by visiting networkadvertising.org/choices

PRIVACY ON OTHER WEBSITES

Other sites accessible through our site have their own privacy policies and data collection practices. Please consult each site's privacy policy. Our Store is not responsible for the actions of third parties.

SHIPPING AND DELIVERY POLICY

United States:
Cloud Nine pricing includes free shipping to the contiguous US.
For shipment to Alaska or Hawaii, you will be charged the FedEx or UPS posted rate. For orders shipping to Puerto Rico, please give us a call at (888) 232-5824. Ground shipping usually takes 4-5 days to deliver to most areas.

Canada:

For shipments to Canada you will be charged the FedEx or UPS posted rate. If FedEx Ground service is not available in your area, we will not be able to fulfill your order at this time. Some remote areas in the Northwest Territories, Nunavut, and Yukon may incur an additional shipping charge. Please call customer service at 1 (888) 232-5824 if you have questions.
Ground shipping usually takes 4-5 days to deliver to most areas.

Australia:

For shipments to Australia you will be charged the FedEx or UPS posted rate.
Cloud Nine pricing includes free shipping to Australia.
Sydney and Melbourne Central Business Districts - Delivery on Tuesday and Thursdays only
Ground shipping usually takes 4-5 days to deliver to most areas.

United Kingdom:

For shipments to United Kingdom you will be charged the FedEx or UPS posted rate. If FedEx Ground service is not available in your area, we will not be able to fulfill your order at this time. Please call customer service at 1 (888) 232-5824 if you have questions.

Cloud Nine products require parcel or freight delivery. With parcel or freight delivery, a signature is required. This means that someone must be present to accept the delivery and sign for it. Otherwise, the item(s) will not be unloaded from the truck.
Lead time is typically 3-5 days after dispatch. Deliveries to remote locations may take longer.

European Union:

For shipments to United Kingdom you will be charged the FedEx or UPS posted rate. 

Cloud Nine products require parcel or freight delivery. With parcel or freight delivery, a signature is required. This means that someone must be present to accept the delivery and sign for it. Otherwise, the item(s) will not be unloaded from the truck.
Lead time is typically 3-5 days after dispatch. Deliveries to remote locations may take longer.

We ship all orders placed on weekdays by end of the next business day. This excludes national holidays (and bank holidays in EU & UK) and weekends. Many orders leave the day they are placed, but this is not guaranteed. Any order placed on a weekend or national holiday will be shipped by the end of the next business day.

Cloud Nine reserves the right to make delivery in installments, unless otherwise expressly stipulated herein; all such installments to be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries. Delay in delivery of any installment will not relieve you of your obligations to accept remaining deliveries.

All delivery and shipping dates are approximate. Cloud Nine will not be liable for any losses or damages as a result of any delay or failure to deliver due to any cause beyond Cloud Nine’s reasonable control, including but not limited to any act of God, act of you, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, act of terrorism, riot, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, the date of delivery or shipment will be extended for a period equal to the time lost because of the delay. We cannot control occasional inventory shortages, shipping carrier delays, customs delays, weather delays, and other factors that can delay your shipment. However, we will do our best to get your order out to you as soon as possible.

Waiver, Limitation of Liability

CLOUD NINE SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, PUNITIVE INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, AND (B) WHETHER OR NOT CLOUD NINE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the generality of the foregoing, Cloud Nine specifically disclaims any liability for property damages, penalties, special or punitive damages, damages for lost profits or revenues, down-time, lost good will, cost of capital, cost of substitute Products, or for any other types of economic loss, or if applicable for claims of your customers or any third party for any such damages, costs or losses. Cloud Nine shall not be liable for any amount with respect to any order of Products that, in combination with all claims by you against Cloud Nine related to such order of Products, exceeds the total price paid by you to Cloud Nine for such order of Products. CLOUD NINE WILL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR UNDER OTHER THEORIES OF LAW OR EQUITY, WITH RESPECT TO PRODUCTS OR SERVICES SOLD BY CLOUD NINE, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO. The liability of Cloud Nine to you, whether in contract, tort (including negligence or strict liability) or otherwise, is exclusively limited to the remedies expressly provided under the terms of the Agreement, in lieu of any and all other remedies at law or in equity.

Customer Service Hours

We want you to contact us when you have issues, problems or feedback! Please note our customer service is available Monday through Friday, except on holidays or otherwise noted. Specific area hours are below:

United States: 9 am – 5 pm (PST)

Tax Information

Cloud Nine will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within applicable states. For orders shipped to other states, you are solely responsible for all sales taxes or other taxes. Any manufacturer’s tax, occupation tax, use tax, sales tax, excise tax, value added tax, duty, custom, inspection or testing fee, or any other tax, fee, interest or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Cloud Nine and you will be paid by you in addition to the prices quoted or invoiced.

If you’re looking to place an order on behalf of a tax-exempt organization or individual, we’d love to help! The best way to place a tax-exempt order is to contact Cloud Nine Customer Support at (888) 232-5824 from Monday – Friday, 9 am to 5 pm PST.

To provide your proof of tax-exempt status, we’ll need the tax-exempt certificate from the state we are shipping to. Please keep the following in mind when sending us your proof of exemption:

The organization or individual name on the order must match the state tax-exempt certificate exactly

Documentation for federal entities is not required

You can email your tax-exempt certificate to sales@c9ergo.com.

Typographical Errors

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Cloud Nine shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Cloud Nine shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Cloud Nine shall immediately issue a credit to your credit card account in the amount of the incorrect price.

Other Conditions

These Terms and this Agreement is the entire agreement between Cloud Nine and you and will supersede any terms and/or conditions you include with any purchase order, regardless of whether Cloud Nine signs them or not.

Cloud Nine reserves the right to make any modifications, amendments, updates, and changes to these terms at any time.