Privacy Policy

Cloud Nine Ultrasound and Photography products and services are provided by JA Smith Enterprises LLC. These Terms of Service govern your use of Cloud Nine's website, products, and services. Please read these Terms carefully, and contact us if you have any questions. By accessing or using our website and services, you agree to be bound by these Terms and by our privacy policy. The Cloud Nine website is available only to individuals who are at least 18 years old.

 JA Smith Enterprises, LLC values and respects your privacy and is committed to protecting your personal information. We do not sell or share your information with third parties for marketing purposes. Your data is protected and retained only as needed. By using our online booking services you agree to receive email and text SMS reminders from Cloud Nine Ultrasound and Photography, Acuity Scheduling, and LinkedPhone. We may call you to confirm your appointment. We may use your phone number to send SMS messages regarding your inquiry, customer related topics, and to send appointment reminders and confirmations. You may opt out by replying STOP to unsubscribe, or HELP for assistance. Message frequency varies. Message and data rates may apply. By providing your phone number you consent to receive text messages and phone calls from Cloud Nine Ultrasound and Photography regarding your inquiries, account updates, and other relevant information. Message frequency will vary. Message and data rates may apply. For assistance, reply HELP or contact info@cloudnine4d.com, call 423-499-6463 or text 423-225-9900. To stop receiving messages, reply STOP. No further messages will be sent. By use of our site and online booking through Acuity, you agree to be emailed and/or receive text reminders about your upcoming appointments with Cloud Nine Ultrasound and Photography.  By using our CloudNineMommyShare service you agree to receive an email with your purchased options of downloadable pictures and videos. You are responsible for use of this download and must have access to an app or software to view your images or video. This is not the responsibility of Cloud Nine.

By paying with debit or credit card, and entering an email or phone number you are agreeing to sharing your information with Square (Block, Inc).

We are not responsible for any misuse of these services.  If you create an Acuity account or an account on Cloudnine4d.com, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken through the access of the website using your account. You must not use the Cloud Nine website, CloudNineMommyShare, or scheduling services in a misleading or unlawful manner, and Cloud Nine may change or cancel your service that is inappropriate or unlawful, or is otherwise likely to cause JA Smith Enterprises liability. You must immediately notify Cloud Nine Ultrasound and Photography of any unauthorized uses of your account or any other breaches of service, will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. 

By using our Services, you agree on behalf of yourself, your users and your attendees, not to (i)use the Services in violation of applicable laws, or regulations; (ii) use the Services to send unauthorized advertising, or spam; (iii) harvest, collect, or gather user data without their consent; (iv) transmit through the Services any material that may infringe the intellectual property, privacy, or other rights of third parties; or (v) use the Services to commit fraud or impersonate any person or entity.

JA Smith Enterprises, LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account, you may simply notify Cloud Nine Ultrasound and discontinue using our services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

The Cloud Nine Ultrasound and Photography product and services are provided ‘as is’. Cloud Nine Ultrasound and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cloud Nine Ultrasound nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain services through, the Website at your own discretion and risk.

In no event will JA Smith Enterprises, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to JA Smith Enterprises, LLC under this agreement during the twelve (12) month period prior to the cause of action. JA Smith Enterprises shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

You represent and warrant that (i) your use of JA Smith Enterprises products and services will be in strict accordance with the JA Smith Enterprises Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of data across phone lines from the United States or the country in which you reside) and (ii) your use of the JA Smith Enterprises products and services will not infringe or misappropriate the intellectual property rights of any third party.

You agree to indemnify and hold harmless JA Smith Enterprises LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website or services, including but not limited to your violation of this Agreement.

This Agreement constitutes the entire agreement between JA Smith Enterprises and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of JA Smith Enterprises LLC, or by the posting by JA Smith Enterprises LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the website, products, and services will be governed by the laws of the state of Tennessee, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Chattanooga, TN. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (‘JAMS’) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place Chattanooga, TN in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; JA Smith Enterprises LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will insure to the benefit of the parties, their successors and permitted assigns.