Terms And Conditions
​PLEASE READ THIS DISCLAIMER AND AGREEMENT CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT. BY PURCHASING, ACCESSING, OR USING CLOUD 9 CARE PRODUCTS, WHETHER THROUGH OUR WEBSITE, MOBILE APPLICATIONS, OR OTHER MEANS, OR BY CLICKING "I AGREE" OR SIMILAR BUTTON, OR BY SIGNING A PHYSICAL COPY OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE OR USE OUR PRODUCTS AND EXIT THIS PAGE IMMEDIATELY.
For the purpose of this disclaimer:
"Cloud 9 Care", "we", or "us" refers to Cloud 9 Care, LLC, and its affiliates. "Cloud 9 Care Products" refers to our bedding and sheet products.
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“you” and "your" refer to any individual or entity that purchases, accesses, views, or uses Cloud 9 Care Products, including but not limited to end users, caregivers, healthcare facilities, and their respective employees, agents, and representatives.
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INTENDED USES, NON-MEDICAL NATURE, AND SAFETY REQUIREMENTS: Cloud 9 Care Products are designed and intended solely for general bedding and comfort purposes. While our products may be used by individuals who are bedbound, they are expressly NOT medical devices, NOT intended for any medical purpose, and NOT intended to prevent, treat, diagnose, mitigate, or cure any medical condition, injury, or disease. ANY USE OF OUR PRODUCTS FOR MEDICAL PURPOSES IS STRICTLY PROHIBITED AND ANY SUCH USE IS ENTIRELY AT THE USER'S OWN RISK AND MAY VIOLATE APPLICABLE LAWS AND REGULATIONS. Users must inspect all products before each use for signs of wear, compression, deformation, or tearing. If any such conditions are found, IMMEDIATELY DISCONTINUE USE and contact Cloud 9 Care customer service.
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PROHIBITED USES AND SAFETY WARNINGS
Cloud 9 Care Products must not be used for any purpose other than their intended use as general bedding products. Prohibited uses include, but are not limited to: (a) any medical or therapeutic purpose; (b) any use that could cause harm to persons or property; (c) modification, alteration, or tampering with the products; (d) any commercial purpose without our express written consent; (e) any use that violates applicable laws or regulations; (f) exceeding stated weight limits; (g) improper positioning or placement techniques; (h) placement near heat sources or open flames; (i) insufficient cleaning or sterilization; and (j) continued use after signs of wear or damage appear. Users MUST IMMEDIATELY CEASE USE and contact Cloud 9 Care if any prohibited use occurs or if any safety concerns arise.
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YOU ACKNOWLEDGE THAT FAILURE TO FOLLOW THESE RESTRICTIONS MAY RESULT IN SERIOUS INJURY OR DEATH, FOR WHICH CLOUD 9 CARE SHALL BEAR NO LIABILITY.
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By purchasing, using, or inquiring about Cloud 9 Care Offerings, you acknowledge and agree that the Cloud 9 Care Offerings are not intended and are not fit:
i. for any medical diagnosis, treatment, or monitoring of any condition;
ii. for any investigation or analysis of a physiological or pathological process or state of a patient, including unintended use as a tool for support, recommendation, interpretation, advice, counseling, explanation, guidance, supplement, replacement, or aid in medical decision-making on diagnosis, treatments, or patient follow-up in any way; and
iii. for any other form of individual medical care or medical care services (therapeutic, preventive, or otherwise).
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WAIVER AND RELEASE OF CLAIMS
To the fullest extent permitted by applicable law, you hereby waive, release, and discharge Cloud 9 Care, its officers, directors, employees, agents, affiliates, successors, assigns, suppliers, and manufacturers from any and all claims, demands, damages, rights of action, suits, judgments, losses, injuries, expenses, and causes of action of whatever kind or nature, whether known or unknown, suspected or unsuspected (to the extent permitted by Section 1542 of the California Civil Code or analogous provisions of other states), both present and future, arising out of or connected with your purchase or use of Cloud 9 Care Products. You specifically acknowledge and agree that your use of Cloud 9 Care Products is entirely at your own risk, and you knowingly and voluntarily assume all risks associated with such use, including but not limited to risks of personal injury, death, or property damage. You further agree to defend, indemnify, and hold Cloud 9 Care and its related parties harmless from any loss, liability, damage, cost, attorney's fees, or expense that Cloud 9 Care may incur due to your use of the products, any violation of these terms, or any breach of your representations, warranties, or obligations under this agreement. This waiver and indemnification obligation shall survive any termination or expiration of this agreement.
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ACCESSING PRODUCT INFORMATION AND CARE GUIDELINES: Detailed information regarding Cloud 9 Care Products, including user manuals and care guidelines, can be accessed at https://www.cloud9caresystem.com/the-system or obtained by contacting our customer service through our online contact form.
SUPPORT AND ISSUE REPORTING: For support, inquiries, or to report any issues, please contact our customer service team through the contact information provided above or on our website. We are committed to providing prompt assistance and resolving any concerns you may have.
LIMITED WARRANTY: Cloud 9 Care offers a limited warranty to the original purchaser only for a period of 90 days from the date of purchase. This warranty is non-transferable and covers defects in materials and workmanship under normal use and conditions. If a valid claim is received within the warranty period, Cloud 9 Care will, at its option, either (a) repair the product at no charge or (b) replace the product. This warranty does not cover damage caused by accident, misuse, abuse, neglect, unauthorized alteration, or repair. The limited warranty is void if the product is used in any manner not in accordance with the product instructions or if ownership of the product is transferred to anyone other than the original purchaser. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EXCEPT FOR THE LIMITED WARRANTY ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOUD 9 CARE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
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EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW, CLOUD 9 CARE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL CLOUD 9 CARE 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 CLOUD 9 CARE PRODUCTS, WITH THE DELAY OR INABILITY TO USE OUR PRODUCTS, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OBTAINED THROUGH OUR PRODUCTS, OR OTHERWISE ARISING OUT OF THE USE OF OUR PRODUCTS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CLOUD 9 CARE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
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YOU AGREE TO IMMEDIATELY DISCONTINUE USE OF CLOUD 9 CARE PRODUCTS AND NOTIFY CLOUD 9 CARE IF YOU OBSERVE ANY PRODUCT DEFECTS, INCLUDING BUT NOT LIMITED TO: FOAM COMPRESSION, DEFORMATION, OR TEARING; FLUID ABSORPTION; OR ANY OTHER CONDITION THAT MAY AFFECT PRODUCT SAFETY OR EFFECTIVENESS. IF YOU ARE OTHERWISE DISSATISFIED WITH ANY PORTION OF OUR PRODUCTS, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING CLOUD 9 CARE PRODUCTS AND REQUEST A REFUND WITHIN 30 DAYS OF PURCHASE, SUBJECT TO OUR RETURN POLICY.
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YOU ACKNOWLEDGE THAT YOU HAVE BEEN INFORMED OF AND UNDERSTAND THE RISKS ASSOCIATED WITH USING CLOUD 9 CARE PRODUCTS, INCLUDING BUT NOT LIMITED TO: PAD FAILURE, POTENTIAL INJURY FROM IMPROPER REPOSITIONING TECHNIQUES, INFECTION RISKS, PRODUCT MISUSE, AND FLAMMABILITY HAZARDS. YOU AGREE TO: (1) INSPECT PRODUCTS BEFORE EACH USE, (2) FOLLOW ALL PROVIDED TRAINING AND INSTRUCTIONS FOR PROPER REPOSITIONING TECHNIQUES, (3) ADHERE TO ALL LAUNDERING AND STERILIZATION PROTOCOLS, (4) OBSERVE WEIGHT LIMITS AND PROPER PLACEMENT GUIDELINES, AND (5) KEEP PRODUCTS AWAY FROM HEAT SOURCES. YOU AGREE TO ACCESS AND REVIEW ALL SAFETY INFORMATION AND INSTRUCTIONS AVAILABLE ON CLOUD 9 CARE'S DEDICATED PORTAL. IN ANY EVENT, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, CLOUD 9 CARE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY YOU FOR THE CLOUD 9 CARE PRODUCTS GIVING RISE TO THE CLAIM OR (B) $500.
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INTELLECTUAL PROPERTY RIGHTS AND NOTICES: All Cloud 9 Care Products, including but not limited to designs, patterns, materials, technologies, trade dress, trademarks, and related documentation, are protected by intellectual property rights owned by or licensed to Cloud 9 Care. The Cloud 9 Care bedding system is covered under US Pat. No. 12,290,483. The Cloud 9 Care name, logos, and all related product names, design marks, and slogans are trademarks or registered trademarks of Cloud 9 Care, Inc. or its affiliates. Any other trademarks appearing on our products or materials are the property of their respective owners. You acknowledge and agree that you acquire no ownership rights or licenses to any intellectual property by purchasing or using Cloud 9 Care Products. Any unauthorized use, reproduction, modification, distribution, display, or transmission of any Cloud 9 Care intellectual property is strictly prohibited. Cloud 9 Care reserves the right to enforce its intellectual property rights to the fullest extent permitted by law, including seeking all available civil and criminal remedies where applicable.