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CLOUD 9 LOYALTY PROGRAM TERMS AND CONDITIONS
Updated: January 29, 2024
IMPORTANT LEGAL INFORMATION: PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR PARTICIPATION IN THE CLOUD 9 LOYALTY PROGRAM.THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
Welcome to the Cloud 9 Loyalty Program (“Cloud 9 Loyalty” or the “Program”). These Program Terms and Conditions (“Terms”) contain important information about your rights and obligations in the Program. Cloud 9 Loyalty is provided by Cloud 9 Smoke and Vape Co. (the “Company” or “Cloud 9”) and its affiliates which may modify, add, or delete any of these Terms, benefits, or Rewards, in whole or in part, at any time, even though such changes may affect the value or amount of your Eligible Purchase spend, Points, and Rewards (collectively, the “Loyalty Components”) already accumulated and/or the time for redemption. Participating in the Program means you are bound by these Terms. These Loyalty Program Terms and Conditions shall supersede all previous loyalty program rules and/or terms and conditions. We may modify the following rules from time to time. BY ACCESSING THE PROGRAM, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE PROGRAM TERMS AND CONDITIONS HEREIN.
DESCRIPTION OF THE PROGRAM
The Program is a points-based program where Cloud 9 Loyalty Members may accrue Program points by engaging in certain activities and may redeem Program points for certain benefits or rewards. Program points accrued are non-transferable to other Loyalty Program Members and have no cash or monetary value. The Program may be changed at any time, with or without notice, at our sole discretion.
MEMBER PROGRAM ELIGIBILITY
Members must be legal residents of the United States and be at least 21 years of age at the time of registration to be eligible. Void where prohibited by law. Employees, officers, directors, agents, and representatives of Cloud 9 Smoke Co. and its related entities are eligible to participate in the Program. Only one (1) Member account is permitted per person. If you attempt to obtain more than one Member account, we may terminate your registration, and all earned Program points may be forfeited.
Program registration is available through the Loyalty Registration Website on loyalty.cloud9smokeco.com and at participating stores via the Loyalty Program QR code without the need for a transaction. Inquire at participating stores to ask about signing up for the Loyalty Program where you may scan the Loyalty Program QR code near the point-of-sale counter using your mobile phone device.
To enroll In the Program, you must provide your first name, last name, email address, and phone number, as indicated.
As a member of the Program, you agree to be automatically signed up to receive personalized emails, information, and offers from Cloud 9 Smoke and Vape Co. and/or its partners ("Partners") or as otherwise specified by via electronic mail. At any time after you register, you may opt out of emails regarding information and offers by clicking on the unsubscribe link at the bottom of each email.
In consideration of your use of the Program, you agree to provide true, accurate, current, and complete information about yourself as prompted by the registration form. Furthermore, you agree to maintain and promptly update your personal data to keep it true, accurate, current, and complete.
Membership is nontransferable and subject to present and future Terms. Cloud 9 Smoke and Vape Co. reserves the right in its sole discretion to approve, deny, or revoke any aspect of Participation in the Program to any individual for any reason whatsoever. This includes, without limitation, the right to cancel your Participation or suspend accrued Loyalty Components and the right to terminate your Account. Without limiting the foregoing, Cloud 9 Smoke and Vape Co. will revoke Participation in the Program (including all benefits) for evidence of unlawful activity, fraud, abuse of privileges, violation of these Terms, transfer of Program benefits or Loyalty Components, or the holding of multiple Accounts by an individual. “Participation” includes earning Loyalty Components and Rewards redemptions, and any other benefits associated with the Program.
EARNING POINTS AND REWARDS
To earn and accumulate Program points, you must enter your rewards account information at the time of purchase at participating Cloud 9 Smoke and Vape Co. locations. You must identify yourself as a Participant at the time of transaction for the transaction to be eligible to count as an Eligible Purchase that earns Points toward a Reward.
You will earn ten (10) Points for every one ($1.00) of Eligible Purchase spend. “Eligible Purchases” are the actual amount paid on any purchases of goods made by you after any applicable discounts are applied, excluding shipping and handling fees, and applicable taxes.
Cloud 9 Smoke and Vape Co. may from time to time, in its sole discretion, provide select Participants the opportunity to, on a limited time basis, earn Points in other ways (such as through other offers and activities we make available) that will be independent of the ability to earn ten (10) Points for every one dollar ($1.00) of Eligible Purchase spend (“Bonus Opportunity”). The terms and conditions that apply to each Bonus Opportunity will be determined by Cloud 9 Smoke and Vape Co. in its sole discretion. The Company will make efforts to notify eligible Participants of any Bonus Opportunity available to them and such notification will contain the terms and conditions associated with the Bonus Opportunity. Notification of the Bonus Opportunity may be made through email, through notice online,
through notice in stores or in any other way deemed acceptable by Cloud 9 Smoke and Vape Co. in its sole discretion.
Cloud 9 Smoke and Vape Co. may from time to time, in its sole discretion, surprise select Participants by awarding Participants additional Points or with other special offers (“Automatic Bonus”). The terms and conditions that apply to each Automatic Bonus will be determined by the Company in its sole discretion. Participants may or may not be notified of the opportunity to receive the Automatic Bonus prior to the Automatic Bonus being awarded to their account.
We expressly reserve the right to establish additional means of accruing Program points; to remove any or all of the means currently in effect; to exclude certain types of transactions from the accumulation of Program points; to specify periods after which unused points will be forfeited or reduced in percentage. Program points can be accrued only for activity taken and completed by you and can be applied only to your account.
We will use reasonable efforts to allocate earned Program points to your account; however, you are responsible for ensuring that your Program points are properly credited. If you believe that Program points have been earned but not credited, we reserve the right to require proof of accrual; including, but not limited to, receipts or similar documentation verifying any transactions claimed to have been performed. Any claims of uncredited Program points should include a proof of accrual and must be received within sixty (60) days after the date such points are claimed to have been earned. Program points will be maintained in your account until redeemed for Benefits or are forfeited, whichever occurs first. All decisions regarding Program point balances, Benefits, forfeitures are within our sole discretion.
REDEEMING PROGRAM POINTS AND REWARDS
Program Points may be redeemed toward the purchase of products at any participating store. Program Points and Rewards may be redeemed towards only one (1) item and will be applied to the most expensive eligible product in the transaction.
Program Points and Rewards have no cash value and you will not receive cash or credit for the difference between the regular retail unit ticket price of any free item redeemed for any available Reward.
Unless otherwise disclosed or modified, you will need to accrue one thousand (1,000) Program Points to redeem $3.00 off.
The amount of Program Points available to use toward purchase transactions and to redeem Rewards, as well as any other loyalty bonuses available for redemption shall be determined at our sole discretion, all of which are subject to change, modification, addition, or deletion by us at any time and without prior notice.
You may be notified of additional eligible and ineligible products at the time of redemption. Program Points and Rewards will not be re-issued after use. Program Points and Rewards may not be combined with other available promotional offers, codes, or coupons.
Program Points earned in multiple Loyalty Program accounts may not be combined to redeem Rewards or apply towards purchases. Redeemed Rewards and Program Point purchases are not refundable, exchangeable, replaceable, redeemable, or transferable for cash, credit, or other benefits, or points under any circumstances.
PROGRAM POINTS EXPIRATION
Program points shall expire 365 days after the date of purchase for earned points. Once Program Points expire they may not be reactivated.
CLOUD 9 CLUB | A-LIST LOYALTY MEMBER
The A-List is Cloud 9’s exclusive, VIP membership reserved for only the top Cloud 9 Loyalty Members. In addition to the standard Loyalty Program Benefits, Cloud 9 A-List Loyalty Members are eligible for additional perks, bonuses, rewards, and more.
To qualify for and maintain membership on the Cloud 9 A-List Club, Members must earn 15,000.00 points from January 1 to December 31 of a single year. Members join the A-List immediately upon qualification. A-List membership lasts through one (1) year from when the Member qualified for the A-List. For example, A-List membership for Member who qualifies for A-List on October 25, 2023, will expire on October 25, 2024, unless Member earns 15,000 points in 2024.
We may email you regarding any matter related to the Program or send you marketing emails regarding Cloud 9 offers and the latest new arrivals. You may opt out of marketing email materials by simply following the unsubscribe link provided in each email.However, if your Account remains active, you will continue to receive relationship/operational emails primarily related to the Program unless your Account is cancelled or otherwise terminated.
Our Mobile Terms and Conditions apply to Members who consent to receive text message communications from the Program.
PROGRAM ACTIVITY AND CUSTOMER SERVICE
For any questions regarding the Program please contact Support@Cloud9SmokeCo.com.
We reserve the right to issue Loyalty Program Points or Rewards to resolve customer issues at our sole discretion.
All contents of this site, including but not limited to copyrighted materials, trademarks, designs, text, images, information, graphics, logos, icons, and the selection and arrangement thereof and other proprietary materials (the "Content"), are owned by Cloud 9 Smoke and Vape Co., its corporate affiliates, and/or third parties and are protected by intellectual property laws of the United States and other countries.
The Content may not be used except as provided herein and without our express written permission and are protected by United States and international software copyright and other laws.
You are solely liable for any applicable federal, state or local income, sales, use, or other taxes arising out of the accrual or use of Loyalty Components. Consult your tax advisor concerning any tax consequences that may arise from your Participation in the Program.
If a court of competent jurisdiction or any government agency determines that any provision of these Terms is void or unenforceable, that provision will continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered as part of these Terms. However, all other provisions will remain in full force and effect.
LIMITED TIME TO FILE CLAIMS
If you want to assert a dispute against Cloud 9 Smoke and Vape Co. or any of it’s affiliates, then you must commence it within two (2) years from the date of the activity that first gave rise to the dispute, or it will be forever barred. “Commencing” means filing for arbitration with the AAA as set forth in the “Binding Arbitration” section of these Terms.
ALL DISPUTED ARE SUBJECT TO BINDING ARBITRATION
ANY DISPUTE THAT CANNOT FIRST BE RESOLVED THROUGH THE INFORMAL METHODS MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. This includes all Disputes whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, any other intentional tort or negligence), common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory, whether arising before or after the effective date of these Terms. Notwithstanding the foregoing, Disputes that fall within the scope of the small claims court's limited jurisdiction may be submitted to such court.
If a party properly submits a Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Cloud 9 Smoke and Vape Co. consent to in writing. The AAA provides applicable forms for Demands for Arbitration Commercial Arbitration Rules and Demands for Arbitration Consumer Arbitration Rules, and a separate affidavit for waiver of fees for California residents only.
BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Cloud 9 Smoke and Vape Co. and you agree, however, that Georgia law shall apply to and govern all Disputes between you and Cloud 9 Smoke and Vape Co. and its affiliates, without regard to any jurisdiction’s choice of law principles. This Section and the “No Class Action Matters” Section
are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Cloud 9 Smoke and Vape Co. agree that we intend such Sections of this Agreement to satisfy the “writing” requirement of the Federal Arbitration Act (“FAA”).
This Section survives the termination of the Program.
NO CLASS ACTION MATTERS
YOU AND CLOUD 9 SMOKE AND VAPE CO. AND ITS AFFILIATES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. The arbitrator does not have the power to vary these class action waiver provisions.
If, for any reason, this restriction is deemed unconscionable or unenforceable, then our agreement to arbitrate will not apply and the Dispute must be brought exclusively in a state or federal court in Georgia. Accordingly, you and Cloud 9 Smoke and Vape Co. and its Affiliates consent to the exclusive personal jurisdiction and venue of such courts for such matters.
MISCELLANEOUSGoverning Law. These Terms will be governed in accordance with the laws of the State of
Georgia, without reference to its conflicts of laws principles.
Fraud. Fraud or abuse relating to the Account registration process, providing of personal information, or earning or redemption of Loyalty Components is a violation of these Terms. You
are solely responsible for any fraudulent use that may occur due to the theft of or sharing of your Account information or your device. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. The Program is a service provided to an individual Participant, not a company or other entity, and a company or other entity may not direct, encourage or allow individuals to participate in the Program for anything other than individual use.
ANY ATTEMPT BY YOU OR ANY OTHER INDIVIDUAL OR ENTITY TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF THESE TERMS. CLOUD 9 SMOKE AND VAPE CO. AND ITS AFFILIATES RESERVE THE RIGHT TO INVESTIGATE ANY SUSPICIOUS ACTIVITY AND TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW AND THIS AGREEMENT.
Waiver of Injunctive or Other Equitable Relief. IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITES, APPLICATION, CONTENT, THE PROGRAM, USER CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY CLOUD 9 SMOKE AND VAPE CO. AND ITS AFFILIA TES.
Limitation of Liability and Waiver. Cloud 9 Smoke and Vape Co. and its affiliates, representatives, agents, directors, officers, shareholders, and employees are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible registration or point entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind,
whether human or technical; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond our control; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the benefit or acceptance, delivery or failure to timely deliver, possession, or use of the benefit, or from participation in the Program; or (vi) any printing or typographical errors in any materials associated with the Program. Further, in no event shall we, or any of our affiliates, and/or their respective officers, directors, employees, agents, representatives, information providers, and licensors and/or their respective heirs and assigns be liable for any damages of any kind or nature, including but not limited to, direct, indirect, incidental, consequential, exemplary, special (including loss or profit), punitive, or other damages arising from or in connection with the existence or use of this Program or any such dispute, regardless of whether Cloud 9 Smoke and Vape Co. or any of the other entities or persons listed above have been advised as to the possibility of such damages. Under no circumstances will you be permitted to obtain benefits for, and hereby waive all rights to claim punitive, incidental, or consequential damages, including attorney’s fees, other than your actual out-of-pocket expenses (ie, costs, if any, associated with participating in the Program), and you further waive all rights to have damages multiplied or increased. Under no circumstances shall we be liable to you or any third party for any indirect, incidental, consequential, special or exemplary damages, even if advised of the possibility of such damages, arising from the use or inability to use the Program or any other provision of these Terms and Conditions. You accept all responsibility for, and hereby indemnify and hold us, our subsidiaries, and affiliates harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of points, redemption of points, and disclosure of passwords to third parties. By participating in the Program, you agree to release, discharge, and hold harmless Cloud 9 Smoke and Vape Co. and its affiliates, representatives, agents, directors, officers, shareholders, and employees from any and all liability from any injuries, losses, or damages of any kind arising from or in connection with the Program.
Indemnity. In exchange for the right to participate in the Program, you agree to indemnify, defend (at our option) and hold us harmless from and against any and all damages, losses, liabilities, claims, costs, investigations, judgments, fines, penalties, settlements, interest, expenses or demands, including, but not limited to, personal injury, death, or damage to or loss
of property, that directly or indirectly arise from or are related to: (i) your use of the Program and your activities in connection with the Program; (ii) your breach or anticipatory breach of these Terms (as updated from time to time); (iii) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi- governmental authorities in connection with your use of the Program or your activities in connection with the Website and/or the Program; (iv) any misrepresentation made by you; and (v) our use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claim and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses.
Updates to Terms. These Terms, in the form posted at the time of your use of the Program, shall govern such use (including transactions entered during such use). AS OUR PROGRAM EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE PROGRAM MAY BE MODIFIED AND WE MAY CEASE OFFERING THE PROGRAM UNDER THE TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO YOUR ACCOUNT OR OTHERWISE USE THE PROGRAM YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND YOU AGREE THAT WE MAY NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE WEBSITE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT, INCLUDING, BUT NOT LIMITED TO, VIA EMAIL), AND THAT YOUR USE OF THE PROGRAM AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE REVISED TERMS. The revised Terms will be effective as of the time that we post them, or such later date as may be specified in them or in other notice to you. You should frequently check the Terms and Conditions, Website, and the e-mail you associated with your Loyalty Membership for notices, all of which you agree are reasonable manners of providing you notice. You can reject any new or revised Terms by discontinuing use of the Program.
Disclaimers. YOUR ACCESS TO AND USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Cloud 9 Smoke and Vape Co. and our parent companies, affiliated entities and each of their respective subsidiaries and
each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors, and assigns (collectively, “Program Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A PROGRAM PARTY, THE PROGRAM PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
This section survives the termination of the Program.
These Terms supersede all previous Cloud 9 Loyalty Program Terms in their entirety as of the date noted above.
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