Terms of Service
Terms of Service
Last Updated: October 20, 2025
Welcome to Cloud9 Cushions. These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account, making a purchase, or otherwise accessing our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.
2. Eligibility
You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
3. Account Registration
To access certain features of our Services, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized use of your account
- Accept responsibility for all activities that occur under your account
4. Products and Services
4.1 Product Descriptions
We strive to provide accurate descriptions, images, and pricing for all products. However, we do not warrant that product descriptions, images, or other content are accurate, complete, reliable, current, or error-free.
4.2 Pricing
All prices are displayed in USD unless otherwise stated and are subject to change without notice. We reserve the right to correct any pricing errors on our website or orders.
4.3 Availability
Product availability is subject to change without notice. We reserve the right to limit quantities or discontinue products at any time.
5. Orders and Payment
5.1 Order Acceptance
Your order constitutes an offer to purchase our products. We reserve the right to accept or decline your order for any reason, including product availability, errors in pricing or product information, or suspected fraud.
5.2 Payment
Payment is required at the time of purchase. We accept major credit cards, debit cards, and other payment methods as displayed on our website. By providing payment information, you represent that you are authorized to use the payment method.
5.3 Order Confirmation
You will receive an email confirmation once your order has been placed. This confirmation does not constitute acceptance of your order. We will notify you when your order has been shipped.
6. Shipping and Delivery
Shipping times and costs vary based on location and shipping method selected. Cloud9 Cushions is not responsible for delays caused by shipping carriers or circumstances beyond our control. Risk of loss and title for products pass to you upon delivery to the carrier.
7. Returns and Refunds
Our return and refund policy is detailed separately on our website. Please review our Return Policy before making a purchase. All returns are subject to the terms outlined in that policy.
8. Intellectual Property
8.1 Ownership
All content on our website, including text, graphics, logos, images, product descriptions, and software, is the property of Cloud9 Cushions or its licensors and is protected by copyright, trademark, and other intellectual property laws.
8.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any content without our express written permission.
9. Prohibited Conduct
You agree not to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Transmit any harmful, threatening, abusive, or offensive content
- Attempt to gain unauthorized access to our systems or networks
- Use our Services for any fraudulent or illegal purpose
- Interfere with or disrupt the operation of our Services
- Collect or harvest user information without consent
- Use automated systems (bots, scrapers) to access our Services
10. User Content
If you submit reviews, comments, or other content ("User Content") through our Services, you grant Cloud9 Cushions a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content. You represent that you own or have the necessary rights to the User Content and that it does not violate any third-party rights.
11. Third-Party Links
Our Services may contain links to third-party websites or services. Cloud9 Cushions is not responsible for the content, privacy practices, or terms of service of any third-party websites. Your use of third-party websites is at your own risk.
12. Disclaimers
12.1 "AS IS" Basis
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
12.2 No Guarantees
We do not guarantee that our Services will be uninterrupted, secure, or error-free, or that defects will be corrected.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOUD9 CUSHIONS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
14. Indemnification
You agree to indemnify, defend, and hold harmless Cloud9 Cushions, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to your use of our Services, violation of these Terms, or infringement of any rights of another.
15. Termination
We reserve the right to suspend or terminate your account and access to our Services at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your right to use our Services will immediately cease.
16. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Cloud9 Cushions is registered, without regard to conflict of law principles. Any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.
17. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of our Services after changes are posted constitutes acceptance of the modified Terms.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Cloud9 Cushions regarding your use of our Services.
20. Contact Information
If you have any questions about these Terms, please contact us at:
Cloud9 Cushions
Email: support@cloud9cushions.com
© 2025 Cloud9 Cushions. All rights reserved.