Terms and Conditions

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.

If you create a 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 or scheduling services in a misleading or unlawful manner, and LinkedPhone may change or cancel your subscription use that is inappropriate or unlawful, or is otherwise likely to cause LinkedPhone liability. You must immediately notify LinkedPhone of any unauthorized uses of your account or any other breaches of security. LinkedPhone 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.

General Terms
Paid services such as cloud based phone system and virtual phone number, are available on the LinkedPhone Website. By selecting one or more of these services you agree to pay LinkedPhone the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay monthly basis on the day you sign up for the service and will cover the use of that service for a monthly or annual subscription period as indicated.

Automatic Renewal
Unless you notify LinkedPhone before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for selected service using any credit card or other payment mechanism we have on record for you. Service can be canceled at any time in the payment section of LinkedPhone site’s dashboard.

LinkedPhone reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website and services following the posting of any changes to this Agreement constitutes acceptance of those changes. LinkedPhone may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

LinkedPhone 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 LinkedPhone account, you may simply notify LinkedPhone and discontinue using the LinkedPhone 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 LinkedPhone product and services are provided ‘as is’. LinkedPhone 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 LinkedPhone 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 LinkedPhone, 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 LinkedPhone under this agreement during the twelve (12) month period prior to the cause of action. LinkedPhone 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 LinkedPhone products and services will be in strict accordance with the LinkedPhone 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 LinkedPhone products and services will not infringe or misappropriate the intellectual property rights of any third party.

You agree to indemnify and hold harmless LinkedPhone 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 LinkedPhone and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LinkedPhone LLC, or by the posting by LinkedPhone 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 New York, 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 New Your City, New York. 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 in New York, New York 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; LinkedPhone LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.