Terms of Service

IMPORTANT - PLEASE CAREFULLY READ & UNDERSTAND THESE TERMS OF USE AND CONDITIONS OF SALE (“TERMS”) BEFORE PLACING AN ORDER ONLINE OR IN ANY OTHER PHYSICAL LOCATION OR OTHERWISE USING OR ACCESSING THIS WEBSITE OR ANY OTHER CLOUDY WEBSITE, PRODUCT, OR SERVICE. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CLOUDY.

These Terms contain mandatory individual arbitration and class action/jury trial waiver provisions that require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. These terms contain disclaimers of warranties and limitations of liabilities. These Terms contain other important information regarding your legal rights, remedies, and obligations.

Overview

This website is operated by Hive Endeavors, LLC. Throughout the site, the terms “we”, “us”, “our” and "Cloudy" refer to Hive Endeavors, LLC. Hive Endeavors, LLC offers these products, goods, social media sites, software, email & text exchange of information, website, mobile website, and any other digital platform, including all information, features, pages, functions, tools, and services, including any transactions, orders, sales, purchases, or the acquisition of goods or products, available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, disclaimers, disclosures, warnings, and notices stated here.

By visiting our site and/or using or purchasing anything from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, "Terms of Use", “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website or purchasing or using any products or goods. By accessing or using any part of the site and/or purchasing or using any products or goods, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website, use any services, or purchase or use any products or goods. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page or by visiting https://www.trycloudy.com/terms. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. If we make any material changes to these Terms, we will notify you by email at the email address that you have provided to us and/or by another means. You should regularly review these Terms, as your continued access or use of any part of the website and/or purchase or use of any products, goods, or services following the posting of any changes constitutes acceptance of those changes.

Please read these Terms and Conditions carefully to ensure that you understand each provision. These Terms contain mandatory individual arbitration and class action/jury trial waiver provisions that require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. In addition, these terms contain provisions that limit our liability to you.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the greater of the age of majority in your state or province of residence, the minimum legal age in your jurisdiction to purchase from or access our website, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service or products, violate any laws in your jurisdiction (including but not limited to copyright laws). It is your responsibility to check and understand the local laws in your jurisdiction regarding the legal purchasing age in order to purchase from or access our Website. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness, and Timelines of Information

We are not responsible if information made available on this site (including this website, our social media profiles, texts & emails, other third-party websites (ex: social networks, blogs, articles, editorials, etc.), or other channels and media forms) is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Your use of this site is at your sole risk. This site is provided on an "AS IS" and on an "as available" basis.

Although we make reasonable efforts to ensure that the content of the site is updated and corrected, we do not guarantee the accuracy of any content. The material contained on this site may contain inaccuracies and typographical errors. You agree that we have no duty to screen content that is provided to the site by you or others, nor are we liable for such content. We have the right, at our sole discretion, to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the site and may be made at any time period. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 - Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any promotions, products, or services made on this site is void where prohibited, restricted, or taxed. Some promotions, products, or services may be unavailable depending on your state and local regulations or other restrictions.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Foreign exchange rates apply and may depend on the date your order was placed. Your purchases may also be subject to sales tax, VAT, or other taxes or duties at the point of sale where applicable. Payment of taxes and duties due are your responsibility unless such sales taxes or duties are collected by Cloudy at the time of your purchase, in which case Cloudy will submit your taxes and/or duties to the appropriate authority on your behalf. Cloudy shall not be responsible for failure to pay taxes or duties you owe, unless Cloudy has collected such taxes or duties at the time of the purchase.

Before placing your order, please take the time to carefully review, confirm, and approve the amount you are being charged. Ensure you understand what you are being charged, including any and all item subtotals, discounts, taxes, fees, shipping protection fees, shipping & handling fees, transaction & exchange fees, currency conversion fees, exchange rate fees, interest fees, installment fees, tips, and any other charges. Once you have placed your order, please immediately check & verify that you were charged the amount that you expected by checking the Order Confirmation page, any emailed receipt, and any confirmation provided by the payment processor, and the payment method that you used.

In the event that you dispute the amount or validity of any payments made to Cloudy through this Website, you must notify Cloudy in writing, within ten (10) days of payment, of any such dispute by mail at the address listed below or at our Contact Page. You expressly agree that your failure to notify Cloudy of any dispute within ten (10) days of payment will constitute your express waiver of any claims related to the disputed payment.

You agree to immediately inspect any goods purchased upon receipt of your purchase order. If you received an order shipped from Cloudy that is damaged, incorrect, or incomplete, please contact Cloudy Support immediately to explain the problem with your order and to request a refund or replacement of goods. Please complete this inspection & contact our support if there is any issue within 3 days of delivery. Cloudy may require you to return damaged items.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Returns Policy.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We 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 also be subject to these Terms of Service.

Section 8 - Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 9 - User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 10 - Personal Information

You acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Cloudy's Privacy Policy, which is incorporated in this Agreement by reference. Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy here. Note that we reserve the right to change its Privacy Policy at any time without notice. We reserve the right to update, change, or replace any part of the Privacy Policy by posting updates and/or changes to our website. It is your responsibility to check the page periodically for changes. Your continued access or use of any part of the website and/or purchasing or using of any products or goods or services following the posting of any changes constitutes acceptance of those changes. Review the Cloudy Privacy Policy for more information about Cloudy's privacy practices, contact information, and opt-out options.

Section 11 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

NOTHING IN THIS AGREEMENT SHALL RESTRICT RIGHTS THAT YOU MAY HAVE UNDER THE CONSUMER REVIEW FAIRNESS ACT, WHICH INCLUDES THE RIGHT TO MAKE COVERED COMMUNICATIONS. "COVERED COMMUNICATIONS" MEANS A WRITTEN, ORAL, OR PICTORIAL REVIEW, PERFORMANCE ASSESSMENT OF, OR OTHER SIMILAR ANALYSIS OF, INCLUDING BY ELECTRONIC MEANS, THE GOODS, SERVICES, OR CONDUCT OF A PERSON BY AN INDIVIDUAL WHO IS PARTY TO A FORM CONTRACT WITH RESPECT TO WHICH SUCH PERSON IS ALSO A PARTY.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO CASE SHALL EITHER HIVE ENDEAVORS, LLC, OUR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, ARISING FROM 1) PURCHASE AND/OR USE OF ANY CLOUDY PRODUCTS OR SERVICES; 2) USE OF, ACCESS TO, OR INABILITY TO USE THIS WEBSITE; 3) USE OR INABILITY TO USE ANY OTHER WEBSITE YOU ACCESS FROM A LINK THROUGH THIS WEBSITE; 4) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES OR OTHER ONLINE COMMENTS YOU SEND US; 5) YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE; 6) OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA AND ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR AS A RESULT OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR AFFILIATES SHALL BE DEEMED TO ALTER OUR DISCLAIMER OF WARRANTY REGARDING OUR PRODUCTS, SERVICES, OR SITES, OR TO CREATE ANY WARRANTY OF ANY SORT FROM US. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE REASONABLE GIVEN THE BENEFITS OF THE PRODUCTS, SERVICES, OR SITES AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND OR FILING AN INDIVIDUAL ACTION AS SPECIFIED UNDER THE ARBITRATION AGREEMENT BELOW IN SECTION 24) WITHIN ONE (1) YEAR AFTER THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM ARISES; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

Section 14 - Compliance with Law; Indemnification

You agree that your use of any Cloudy Products and/or Cloudy services will comply at all times with all applicable laws and regulations, in all relevant jurisdictions, including without limitation laws and regulations related to product use, resale, marketing, advertising, and/or other forms of promotion.

You agree to indemnify, defend, and hold harmless Hive Endeavors, LLC and its parent, subsidiaries, affiliates, partners, officers, directors, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, demands, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney's fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any Cloudy Products or services, or this Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Service or the documents they incorporate by reference, including without limitation your breach of any of the representations and warranties herein or your obligations under this Section 14; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Website with your unique username, password or other appropriate security code.

Section 15 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, any representations and warranties made or undertaken by you, and terms regarding disputes between us, including without limitation the arbitration agreement. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States.

Any claim under or relating to these Terms, Website, Products, and/or Services must be brought within one (1) year after the cause of action arises, or such claim or cause of action is permanently barred.

Section 19 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page or by visiting https://www.trycloudy.com/terms.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued access or use of any part of the website and/or purchasing or using of any products or goods or Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - Contact Information

Questions about the Terms of Service should be sent to us via mail and/or email:

Mail: 
Hive Endeavors, LLC
3575 Long Beach Blvd, Long Beach, CA 90807

Email:

team@trycloudy.com


Although Cloudy will in most circumstances be able to receive your communications, Cloudy does not guarantee that it will receive such communications timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that your email communications to Cloudy may not be secure and will not be treated as confidential.

Section 21 - Health-Related information

Any health-related content, information or materials contained on the Site is provided to You for informational purposes only and should not in any way be relied upon by You as a substitute for the advice of Your medical or other health care professional. You are urged to seek the advice of a medical doctor or other health care professional and You should not use the content, information, products or materials contained on the Site for diagnosing, treating, curing or preventing any disease, condition or health matters, including but not limited to if You have or suspect any medical condition, are taking any medication, have a breathing or lung or heart problem, are allergic to any ingredient, are or will soon be pregnant or nursing. Information, content and statements made by Us on the Site have not been evaluated by the Food and Drug Administration and the products purchased by You on the Site are not intended to diagnose, treat, cure or prevent any disease. The results on all products are not typical and not everyone will experience these results. If you have a health condition or concern, consult a physician or your alternative health care provider.

Always consult a medical doctor before using any new product, including any Cloudy products (including Cloudy diffusers & others). Be aware that some of the products on this site may interact with medications you may be taking. These devices should not be used as a substitute for your own physician’s advice. You should consult your own physician regarding any issues related to your health. Everyone is different and you may have a different reaction to the ingredients of any Cloudy products (including Cloudy diffusers & others) and adverse reactions can occur. You are utilizing these products at your own risk. You should not use Cloudy products if you are concerned about a potential adverse reaction. If you experience any side effects or possible side effects, stop using the product immediately and consult your health care provider.

THE SERVICES, PRODUCTS, AND CONTENT SHOULD NEVER BE USED AS A SUBSTITUTE FOR EMERGENCY CARE. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU SHOULD SEEK EMERGENCY TREATMENT AT THE NEAREST EMERGENCY ROOM OR DIAL 911.

You may contact us with general questions regarding our Products, but do not send us any specific medical, therapeutic, or treatment questions.

Section 22 - Age Limit on Purchase of Products

Cloudy's website is for use by individuals 18 years of age or older & who are ALSO the greater/oldest of: eighteen (18) years of age or older, the age of majority or the legal age in your state or province of residence, & the minimum legal age in your jurisdiction to purchase from or access or use our products or website. We will not knowingly collect personal information from anyone under the age of 18. Individuals under 18 years of age are not permitted to use our website or even submit their personal information at our official web site. You must be at least 18+ years old or the age of majority or the legal age in your state or province of residence, whichever is greater. It is possible that the products purchased on our web site may be purchased for family use and may be used by children under the age of 18 without the knowledge of Cloudy. If that happens, any information collected from the usage will appear as the personal information of the adult purchaser.

UNDERAGE SALE PROHIBITED. NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 18 YEARS OLD

Our company policy mandates that purchasers are eighteen years of age or older. Any sale of Cloudy products to a legal minor constitutes a violation of our terms of sale. Cloudy requires purchasers to complete a legal age certification statement as a requirement of our checkout process.

Please see our Age Policy.

Section 23 - No Class Actions, Class Arbitrations, Representative Actions or Jury Trial

To the extent allowed by law, you waive your right to a trial by jury or to pursue any claim or dispute on a class wide basis or to join your claim or dispute with any other person or entity or assert a claim in a representative capacity on behalf of any other party in any lawsuit, class action, class arbitration, arbitration, private attorney general action, collective action or other representative proceedings of any kind.

Section 24 - Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS, EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED RESALE, EXPORT, ALTERATION, AND/OR TAMPERING OF YOUR CLOUDY PRODUCTS, THROUGH CONFIDENTIAL BINDING ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM IN GOOD FAITH. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Both you and Cloudy acknowledge and agree that for the purposes of any dispute or claim arising out of or relating to the subject matter of these Terms, Cloudy's officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof. For any dispute with Cloudy, you agree to first contact us via email and attempt to resolve the dispute with us informally.

This provision is intended to encompass all disputes or claims arising out of Your relationship with Cloudy, arising out of or relating to the purchase and/or use of any products or services by You from Cloudy, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. Notwithstanding, nothing contained in this arbitration provision shall preclude Cloudy from bringing claims concerning the unauthorized resale, export, alteration, and/or tampering of any product purchased by You, in state or federal court. All claims will be resolved by binding arbitration where permitted by law. The arbitration of any dispute or claim shall be conducted by one neutral arbitrator in accordance with the rules and regulations of American Arbitration Association (“AAA”).

You and Cloudy agree that the purchase of a product from Cloudy evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. Unless Cloudy and You otherwise agree in writing, the location of any arbitration shall be Los Angeles, California. Except where prohibited by law, Cloudy and You agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Any claim under or relating to these Terms, Website, Products, and/or Services must be brought within one (1) year after the cause of action arises, or such claim or cause of action is permanently barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein. Any notice to be provided under this provision by You must be sent, by mail, to 3575 Long Beach Blvd, Long Beach, CA 90807. Except as expressly set forth in the section above regarding the arbitration agreement, you and Cloudy agree there are no third-party beneficiaries intended under these Terms.

Section 25 - Your Content

By using our website or product, you agree that we may use your social media posts related to our brand or product for commercial use including but not limited to: social media advertising, email marketing, text marketing, etc.

Section 26 - Release and Waiver of Claims; Assumption of Risk

TO THE FULLEST EXTEND PERMITTED UNDER APPLICABLE LAW, YOU HEREBY AGREE TO THE FOLLOWING: (i) to waive any and all claims that you have or may have in the future against Hive Endeavors, LLC (including it's parent company, affiliates, and subsidiaries, and any and all officers, employees, agents, partners, and licensors related thereto.), or any of its distributors, resulting from use of the Website and Hive Endeavors, LLC Products and services; and (ii) to release Hive Endeavors, LLC or any of its distributors from any and all liability from any loss, damage, injury or expense that you or any users of this Website and any Hive Endeavors, LLC or services may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of Hive Endeavors, LLC, in the design or manufacture of the Website or of any Hive Endeavors, LLC Products or services.
In the event of your death or incapacity, these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns, and representatives.
You hereby expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the Civil Code of California (or any applicable analogous law), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her must have materially affected his or her settlement with the debtor.”

You and Hive Endeavors, LLC understand and agree that claims or facts in addition to or different from those which are now known or believed by each of them to exist may hereafter be discovered, but it is your intention to release all claims you have or may have against Hive Endeavors, LLC and any and all of its successors, subsidiaries, parents, affiliates, investors, branches or related entities, or those entities' officers, directors, employees, stockholders, partners, members, consultants, agents, attorneys, employee benefit plans or assigns, whether those claims are known or unknown, suspected or unsuspected.

Section 27 - Electronic Communication

 You agree that we may send to you electronic notices or other communication regarding Cloudy and this Website. These types of electronic communications, as well as notices, disclosures, disclaimers, agreements, and other communications that we provide to you electronically, will be sent to the email address that was provided during opt-in and/or checkout and/or purchases and/or account registration to the email address associated with your account. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. You can stop receiving these notices and communications at any by following the opt-out instructions that were given to you at opt-in and/or in the electronic communication.

You further acknowledge and agree that by clicking on the button labeled "CONFIRM", "CHECK OUT", "SIGN UP", "AGREE", "LOGIN", "PAY NOW", "CONTINUE", “SUBMIT”, “DOWNLOAD”, “I ACCEPT” or such similar links as may be designated by Cloudy, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement and any hyperlinks contained herein. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITES OR SERVICES OFFERED BY CLOUDY. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

Section 28 - Counterfeiting

The fight against unauthorized sales and counterfeiting is a long-term commitment to quality and service that is taken seriously by Cloudy. We advise consumers to be cautious when purchasing products from unauthorized resellers as the quality, reliability and safety of these products is unknown. If you encounter products that do not appear to be genuine Cloudy products, you may report the details of your purchase to Cloudy Support or local law enforcement. Please refer to our Find a Retailer webpage (available at www.trycloudy.com) or contact Cloudy Support to learn more about authorized dealers. Any product purchased outside of our exclusive sales network runs the risk of being counterfeit and is not guaranteed under our Return Policy. Cloudy shall have no responsibility or liability for any Products purchased outside of our Website and/or Authorized Retailers. Cloudy will not assist with resolving issues pertaining to the purchase of counterfeit products nor will Cloudy provide refunds for such purchases.

Section 29 - UGC/User Generated Content Policy

Global User Generated Content Agreement

This Global User Generated Content Agreement (this “Agreement“ or "UGC Policy") is by and between Hive Endeavors, LLC, its subsidiaries and its affiliated companies (collectively, the “Company” or “we,” “our,” “Cloudy,” or “us“) and you or the organization you represent (“you” or “Participant“).

Company may make available in its communications (such as broadcasts via radio, television or in print) and on its websites, online services, social media platforms, mobile applications or channels, as applicable, (collectively our “Platforms”), a space dedicated to user content, such as, for example text, photos, videos, etc. (“User Content”).  When you upload User Content to any one of our Platforms, use our approval hashtags #trycloudy or #cloudy or #cloudydiffuser or similar, or when you tag or @ or mention or comment or DM us the User Content, or when you respond to our authorization request to use User Content you have already posted on social media or other third party online platforms or channels, including but not limited to content posted to Instagram, Facebook, Twitter, or TikTok, you agree to be bound by this Agreement and by the Company’s Privacy Policy and Terms Of Service (including those additional terms and conditions and policies referenced in the Terms of Service and/or available by hyperlink. Note that our Terms of Service contains an arbitration clause).

If you do not agree to all of the terms of this Agreement, do not submit User Content on our Platforms or reply to our authorization request to use your User Content posted elsewhere.  If you are entering into this Agreement on behalf of an organization, you represent that you have the authority to do so.

 

License and Use of User Content

From time to time, we, along with our authorized service providers, select User Content on third party online platforms that we would like to use on our Platforms or in connection with related services, including, but not limited to, newsletters, retailer sites, third party sites, prints, stores, video channels and television for marketing and/or advertising purposes (collective “Services”).

If we would like to use your User Content posted on any third party online platform in connection with any of our Services, we will contact you on the relevant third party online platform to ask for your consent to use your User Content, or we we will see if you have already given us consent by using our approval hashtags #trycloudy or #cloudy or similar, or when you tag or @ or mention or comment or DM us the User Content.  We will ask you to reply to us if you agree to allow us to use your User Content on our Services. Once you have given your consent to us by any of the above-listed methods, you agree to be bound by this Agreement as well as the terms of use of any relevant third party online platform. 

Where you upload your User Content to directly on one of our Platforms, you are agreeing to allow us, in our sole discretion, to use your User Content (together with the associated social media handle, social media user name, profile picture, caption and location information included in the User Content) in accordance with this Agreement.  By uploading content directly on one of our Platforms, or by authorizing us to use your User Content posted on a third party platform, you become a Participant contributor of User Content.

To be a Participant contributor, you must be, and hereby represent that you are at least 18+ years old or the age of majority or the legal age in your state or province of residence, whichever is greater. and have access to a valid and genuine third party online platform account.  It is not necessary to purchase anything from us to be a Participant contributor of User Content.

Participant hereby:

(i) acknowledges that his, her or its User Content, together with the associated social media handle, social media user name, profile picture, caption and location information included in the User Content (“User Generated Content”) may appear in our Services; and (ii) grants the Company and each of its licensees, sublicensees (including all other users of the Services), related entities, brand licensees, and successors and assigns, the non-exclusive, assignable, sub-licensable, worldwide, perpetual, royalty-free, no-cost license and right to use and otherwise exploit Participant’s User Generated Content, in whole or in part, and all of Participant’s social profile information, code, content, content descriptions, and other materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised, including on the Internet and in advertising and promotion of the Company and its products and services, throughout the universe and in any and all languages without the requirement to make payment to you or to any third party or the need to seek any third party permission (the “License”).

Participant hereby agrees that the License grants the Company the perpetual, royalty-free and worldwide right to: (i) make unlimited derivative works from Participant’s User Generated Content, to assign or transfer any or all such rights and to grant unlimited, multiple sublicenses with no obligations to Participant, whether financial, credit, approval of changes or otherwise; and (ii) use Participant’s name, voice, likeness, image, photograph, biographical material, logos, marks or trade names, or other information provided or obtained, including without limitation, the right to publicly display, publicly perform, distribute, and reproduce Participant’s User Generated Content, name, voice, likeness, social profile information and biographical material, in connection with the Services, in derivative works thereof, and in any advertising, publicity and exploitational material for purposes of advertising or promoting the Company, its products and/or services.

You hereby forever waive and relinquish all so-called “moral rights” now or hereafter recognized, including, but not limited to, any right you may have to be named as the author of the User Generated Content or to protect the integrity of your User Generated Content.  The Company may, at no cost or expense to you, process your User Generated Content for playback over the Internet, in print or on television or direct playback on prepared files or other Services. The Company shall have and retain all right, title and interest in and to the data resulting from such processing, including without limitation, encoding, compressing, formatting, and processing of audio and video data.

You give us your permission to redesign, archive, reproduce, disseminate, display, publicly perform and/or replay and make publicly accessible, as well as to cut and edit, adapt and modify your User Generated Content or any part of it.  If your User Generated Content is corrupted, inappropriate, illegible or otherwise not in accordance with the terms of this Agreement then we will not accept your User Generated Content.  You accept that we may choose not to use your User Generated Content or that we can remove your User Generated Content from any of our Services at any time.  You expressly agree and confirm that you will not receive any payment or other remuneration if we use your User Generated Content in any of our Services or otherwise.

We will only use personal information supplied by you for the purposes of posting your User Generated Content unless you provide your consent for us to use your personal information for any other agreed purpose; provided, however, that we have the right to disclose your identity to any third party who claims that the User Generated Content infringes their rights.

 

Prohibited Content

Participants shall not submit any User Generated Content that:

1. is known to be false, inaccurate or misleading;
2. infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
3. violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
4. is, or may reasonably be considered to be abusive, illegal, defamatory, libelous, indecent, hateful, racially or religiously biased or offensive, slanderous, indecent, obscene, pornographic, sexually explicit, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation in any way; or that encourages anyone to break any local, state, national or international law;
5. is or contains advertising, promotional material or promotes a product, service or other commercial activity;
6. impersonates or attempts to impersonate the Company or any of its employees, another user, or person or entity (including, without limitation, the use of email addresses associated with any of the foregoing);
7. includes any information that references other websites or personally identifiable information (e.g., first and last name, addresses, email addresses, contact information or phone numbers); or
8. contains any computer viruses, worms, Trojan horses, spyware or other potentially damaging technologies, computer programs or files or malicious code that could impact the operation of our Services or any computer or other device.

We reserve the right, but have no obligation, to take any legally available action that we deem appropriate, in our sole discretion, including, without limitation, editing, removing, deleting, taking down or otherwise erasing your User Generated Content at any time without notice for any reason whatsoever.  However, we are not obligated to take any action not required by law.  We are not responsible or liable for the conduct or content of any user.  We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.  For purposes of certainty, Participant may not make any commercial or any other use of the Services. The Company reserves the right in its sole and absolute discretion, to remove without notice, or refuse to post in the first instance, any User Generated Content.

Non-Confidentiality of Your User Generated Content

You agree that:

(a) your User Generated Content will be treated as non-confidential information, regardless of whether you mark it “confidential,” “proprietary,” or the like, and that such User Generated Content will not be returned by us; and (b) the Company does not assume any obligation of any kind to you or any third party with respect to your User Generated Content.  You expressly acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of your User Generated Content may not be secure, and you will consider this before submitting any User Generated Content.  You expressly agree that all User Generated Content is submitted at your own risk.

Unsolicited Submissions

The Company DOES NOT accept unsolicited ideas or suggestions on its Platforms.  We do not seek any unsolicited ideas or materials for products or services, including, without limitation, ideas, concepts, inventions or designs for apparel, toys, music, gadgets, web sites, apps, books, software or otherwise (collectively, “Unsolicited Ideas and Materials“). Any Unsolicited Ideas and Materials you post on or send to us via our Platforms are deemed User Generated Content and licensed to us as set forth in this Agreement.  The Company’s receipt of Unsolicited Ideas and Materials is not an admission by the Company of their novelty, priority, or originality, and it does not impair the Company’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.  Each Participant also expressly acknowledges that other participants and/or the Company may have created ideas and concepts that may have familiarities or similarities to his, her or its own User Generated Content and Unsolicited Ideas and Materials, and that he, she or it will not be entitled to any compensation or right to negotiate with the Company because of these familiarities or similarities.  Notwithstanding any custom and practice to pay an individual or entity for an idea (if any), nothing herein shall create an implied or express contract or other obligation to compensate you for your User Generated Content or for any of your ideas or materials in any communications with the Company or its employees, whatsoever.

Trademarks

You hereby agree: (i) that all goodwill that arises in connection with any use of the Company’s trademarks or likeness inures exclusively to the Company; and (ii) not to challenge the Company’s ownership or control of any Company trademarks, nor use or adopt any trademarks that might be confusingly similar to such Company trademarks.

Representations and Warranties – Indemnity

Participant represents that he, she or it has all necessary rights to allow us to use the User Generated Content, including all necessary permissions from any person(s) entitled with any intellectual property rights or personal rights in the User Generated Content.

Participant hereby represents and warrants that his, her or its User Generated Content and all contributions thereto:

1. will not infringe or violate any right whatsoever, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
2. complies with all applicable laws and regulations;
3. are free from viruses and other malware; and
4. are not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted to the Company under this Agreement or the value thereof.

Participant further represents and warrants that he, she or it has the right to execute and fully perform this Agreement and that Participant is of the age of majority in his or her state of residence.  Participant will defend, indemnify and hold the Company and its parents, and each of their respective successors, assigns, agents and licensees, harmless from and against: (a) any claims, costs, injuries, losses and damages related to any unauthorized use of the User Generated Content or any breach by Participant of this Agreement; and (b) any third party claims, to the extent relating to any breach of any representation, warranty or covenant made by Participant in this Agreement.

Information We Collect or Store

By becoming a Participant contributor, you acknowledge and accept the Company’s Terms Of Service and Privacy Policy and consent to the collection and use of your data in accordance with this Agreement, the Terms of Service and the Privacy Policy.

Governing Law and Arbitration

This Agreement shall be subject to and governed by the laws of the State of California, excluding its conflicts of law rules. You agree to ARBITRATE ANY DISPUTES WITH THE COMPANY and to WAIVE JURY TRIAL and CLASS ACTIONS as more fully set forth our Terms Of Service, which terms govern this Agreement as if fully incorporated into this Agreement (except that if there is a conflict between this Agreement and those terms, this Agreement will govern such conflict).  You agree to comply with all applicable laws, rules and regulations.  The Company reserves the right to modify this Agreement, at any time without prior notice (an “Updated Agreement“).  You agree that we may notify you of an Updated Agreement by posting it on the Services so that it is accessible via a link on the Services, and that your use of the Services or submission of User Generated Content after we post the Updated Agreement (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Agreement.  Therefore, you should review this Agreement on a regular and frequent basis.  An Updated Agreement will be effective as of the time that the Company posts it on the Services, or such later date as may be specified in it.

For more information about UGC Policy please click here to review the UGC Policy. Note that we reserve the right to change our UGC Policy at any time without notice. It is your responsibility to review the UGC Policy on a regular basis to keep yourself informed of any changes. We reserve the right to update, change or replace any part of the UGC Policy by posting updates and/or changes to our website. It is your responsibility to check the page periodically for changes. Your continued access or use of any part of the website and/or purchasing or using of any products or goods or services following the posting of any changes constitutes acceptance of those changes.

Section 30 - Reviews Terms & Conditions

These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by Hive Endeavors, LLC (referred to as the "CRR Service" or “Cloudy”). To the extent of any conflict between Cloudy’s Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

Section 31 - Strike-Through Pricing & Pricing Policy

Cloudy may use strikethrough pricing for certain items (for example, when presenting a discount or promotional price for items, or the price of a bundle or product if the items had been purchased individually in single-unit quantities). Cloudy does not represent that the strikethrough price was the regular or former price of items for any particular period of time and the time period may vary widely depending on the items. The strikethrough price may also be an introductory price that was offered for a short period of time, however, an item may not have been sold at those prices, so the savings shown from regular prices may not be based on actual sales of the item.

Our percentage off promotions, discounts, or sale markdowns may be customarily based on our own opinion of the value of this product, which is not necessarily intended to reflect a former price at which this product has sold in the recent past. This amount may represent our opinion of the full retail value of this product today based on our own assessment after considering a number of factors. That’s why before checking out, it’s important you acknowledge that you understand this.

Section 32 - SMS/MMS Mobile message Marketing Program Terms and Conditions

Hive Endeavors, LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

User Opt Out

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of various consumer products that support self care. Messages may include checkout reminders.

Cost and Frequency

Message and data rates may apply. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions

For support regarding the Program, text “HELP” to the number you received messages from or email us at team@trycloudy.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure

The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction

You may not use or engage with the Platform if you are under eighteen (18) years of age. If you use or engage with the Platform and are under eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of eighteen (18) years, are under eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution

In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Long Beach, CA before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Hive Endeavors, LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.

The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

 

Additional Cloudy Messaging Terms & Conditions & Messaging Privacy Policy

You agree to Cloudy Messaging Terms & Conditions & Messaging Privacy Policy.

Section 33 - Age Policy

For more information about Age Policy please click here to review the Age Policy. Note that we reserve the right to change our Age Policy at any time without notice. It is your responsibility to review the Age Policy on a regular basis to keep yourself informed of any changes. We reserve the right to update, change or replace any part of the Age Policy by posting updates and/or changes to our website. It is your responsibility to check the page periodically for changes. Your continued access or use of any part of the website and/or purchasing or using of any products or goods or services following the posting of any changes constitutes acceptance of those changes.

Section 34 - Disclaimer

Prior to accessing or using our site or making a purchase of or using any of our products, you must carefully read, understand, and agree to the below disclaimers, disclosures, warnings, & important information. If you do not agree to or understand any of these, then you may not access this website or use any of our products or services.

Cloudy is a self-care company and we recommend our products for those interested in pursuing a sense of peace. However, everyone is different and you may have a different reaction to the ingredients of our products and adverse reactions can occur. You are utilizing these products at your own risk. You should not use our diffuser or any of our products if you are concerned about a potential adverse reaction, have any medical conditions, or have been advised not to use them by your healthcare provider.

The information provided to you on this website and on Cloudy (Hive Endeavors, LLC)'s various social media sites as well as statements and products referred to throughout this site have not been evaluated nor approved by the FDA. Cloudy is not a medical product, and Cloudy is not intended to diagnose, treat, cure, or prevent any disease or condition, including any addiction or dependence, or otherwise affect the structure or function of the human body. None of Cloudy's products have been studied by or been proven by FDA-approved studies. If you have a health condition or concern, consult a physician or your alternative health care provider. Always consult a medical doctor before using new products, including Cloudy's products. Be aware that some of the products on this site may interact with medications you may be taking or medical conditions that you may be experiencing. These products should not be used as a substitute for your own physician’s advice or for medication that you are currently taking. You should consult your own physician regarding any issues related to your health. Cloudy takes no liability for misuse of our Products nor for your reliance on the information on our various websites. Individual results may vary. Cloudy products should be purchased only from TryCloudy.com and authorized retailers to ensure the highest quality products.

Please note that while each of the main/key ingredients in Cloudy products has been shown to possess certain traits or attributes or have certain independent effects when used alone, the final product containing all the ingredients has not been tested, and no specific claims are made for the combination of ingredients in any individual Cloudy product. The references to the effects are intended to provide background information on the subject of plant-based effects & benefits only, and no specific health claim regarding any Cloudy product should be inferred.

Our discussion regarding the scientific basis behind aromatherapy is for your information only. It includes some theories, that, while interesting, have not been proven factually, and should be interpreted as such.

Please also note that we do not guarantee that Cloudy products include specific amounts of certain ingredients, or that certain ingredients are present in higher or lower quantities compared to other ingredients.

ALWAYS ensure to review product labeling & packaging for all the latest product ingredients in case ingredients are ever updated. All ingredients are subject to change without notice. Don't use if sensitive to any ingredients listed on our website or the product label. Always read the product label, directions, warnings, and ingredients prior to purchase and/or use.

Ingredients may be US and/or globally sourced.

We do not guarantee or suggest that Cloudy products or their ingredients are exclusively or predominantly from any particular source or region.

We do not guarantee or suggest that Cloudy products include specific amounts of certain ingredients, or that certain ingredients are present in higher or lower quantities compared to other ingredients.

We do not guarantee or suggest that any product exclusively or predominantly uses any ingredient(s). Ingredient text font size and positioning, ingredient images and icons, or mention of an ingredient as a key ingredient DO NOT suggest that that product is exclusively or predominantly made of that ingredient(s).

Disclosure of one or more ingredients may be withheld as proprietary information or when otherwise not required.

Allergic Reactions:

Allergies are rare yet we encourage you to read the list of the ingredients (BOTH ON OUR WEBSITE & ON YOUR PRODUCT LABELING/PACKAGING) to ensure that you do not have a known sensitivity or allergy to any of them. If you are allergic to, intolerant of, or think you are allergic to or intolerant of any of the ingredients, you should not use Cloudy products.  If you experience an allergic reaction or any other adverse reaction to any of our products, we encourage you to immediately medical care and immediately discontinue use. Please notify us as soon as practical, if you believe you have experienced an adverse reaction, of any nature, to any of our products. A variety of contact methods can be found on our Contact Us page. 

Information on this website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice.

Our products are not intended for anyone under 18.

CLOUDY DIFFUSER WARNINGS (MELATONIN, CALM, CAFFEINE, & FOCUS DIFFUSER WARNINGS):

ADULT USE ONLY. NOT FOR INGESTION / INHALATION. DO NOT DRIVE OR OPERATE HEAVY MACHINERY DURING OR IMMEDIATELY AFTER USE. Keep out of reach of children and pets. This product contains ZERO nicotine and ZERO tobacco. Nonetheless, this product is not intended or recommended for those under adult age. DO NOT USE if you have or suspect any medical condition, are taking any medication, have a breathing or lung or heart problem, are allergic to any ingredient, are or will soon be pregnant or nursing, or if the product appears to be tampered with, opened, or damaged. Stop use immediately if product overheats. Stop use and ask a doctor immediately if you experience an allergic reaction, difficulty breathing, irritation, or if any adverse reaction occurs. Don’t use if sensitive to caffeine. Avoid excessive caffeine consumption. Use only as directed. For occasional use only. Not for sale to minors.  Consult your doctor before using any new product, including this one. Closed system. Do not modify or use with any additives. Choking hazard. Keep cool, dry, and out of direct sunlight. See trycloudy.com/notice prior to use.

These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease or affect any bodily structure or function. Made in China. Manufactured for Hive Endeavors, LLC in Long Beach, California.

People with known upper respiratory illnesses or weaknesses, such as asthma or COPD, should not use Cloudy Diffusers. Avoid contact with skin and eyes. Do not drink. Keep out of reach of children and pets.

Do not use or store our products in the presence of or nearby others, especially those that are not intended to use our products. Keep our products away from anything flammable or explosive.

Cloudy products are not to be inhaled into the lungs: Just as with any new product we encourage you to use judgment and moderation. We do not recommend using Cloudy excessively, and in fact, a few very gentle uses, no more than 8 times per day, is our recommended maximum usage level. Furthermore, there is no need to inhale at all. In fact, we strongly discourage inhalation into the lungs as it is unnecessary, and lowers the experience of Cloudy. The proper usage is to use the AromaTip method in which a tiny amount of air is expelled through the tip of the device, by pushing this air with the included AromaTip, or by using the AromaTip Desktop method in which case a slightly larger amount of air is expelled through the tip of the device. 

Interactions with Medications:

Cloudy recommends that any individual with health concerns or taking prescription medications check with their medical practitioners and refer to appropriate medical research literature for possible pharmacological interactions and contraindications, prior to using any products, including those sold by Cloudy.

Period After Purchase Expiration & Disposal:

Do not use your Cloudy products after the earlier of: 6 months after they have been purchased OR the expiration date. Once you have finished using a product, or 6 months has passed since you purchased the product, or the product has expired: Please proceed to immediately dispose of the product in a safe & thoughtful manner in accordance with all local applicable law.

Drug-Free Disclaimer:

Cloudy's use of terms like "drug-free", "substance-free", or "junk-free" refers to the absence of commonly abused recreational drugs (those listed on Schedule 1, 2, or 3 of the DEA's controlled substance list) from our products.

Number of Uses Disclaimer:

The number of uses a product offers can and will vary, and is influenced by a multitude of factors. These factors include frequency of use, duration of use, storage method & conditions, environmental conditions, air pressure, temperature, purchase date, and date of opening, among others.

Quantity of Units Sold Disclaimer:

References to the number of products or units sold may refer to the total sum amount of individual units sold across all products since inception. This total sum amount may include & count multiple units for bundles or packs where there are multiple units in 1 package. This may not necessarily mean that we have sold that amount of units of every separate individual product and of every separate individual variation of that product.

Disclosure of Potential Material Connections:

Various content (e.g.: reviews, recommendations, endorsements, testimonials, text, images, videos, etc.) you see posted on this website, our social medias, texts & emails, on other third-party websites (e.g.: social networks, blogs, articles, editorials, etc.), & through other channels and media forms may be posted by various sources (e.g.: promoters, reviewers, affiliates, publications, influencers, actors, models, customers, content creators, etc.) that we may have a "material connection" with as defined by the FTC. The FTC defines a "material connection" as including a personal, family, or employment relationship or a financial relationship (e.g.: Includes any sort of incentive which may include free products or gifts, monetary payment, discount codes or gift cards, discounted products or services, etc.). If you are posting any sort of content & may have a material connection with us, please ensure to clearly & conspicuously disclose it (for example by writing #SPONSORED), be honest & truthful, and follow all applicable laws. When viewing content, please assume that we have a material connection with the poster/creator of that content, even if the poster/creator may have forgotten to make the disclosure. Assuming that we may have a material connection with the source of a particular piece of content may help you make more informed purchase decisions.

Reviews Disclaimers:

Certain reviews may be atypical, or extreme, and may not represent the typical customer experience or results. Your results can & will vary. Reviews may apply to & be aggregated or shared across one or more products, bundles, our brand, website, service, shipping, customer experience, & more. When viewing reviews, please assume that we have a material connection with the poster/creator of that review, even if the poster/creator may have forgotten to make the disclosure. Assuming that we may have a material connection with the source of a particular piece of content may help you make more informed purchase decisions. 

Strike-Through Pricing Disclaimer:

Cloudy may use strikethrough pricing for certain items (for example, when presenting a discount or promotional price for items, the price of a bundle or product if the items had been purchased individually in single-unit quantities, a price it was sold at by another retailer, a price a comparable product was sold at by another retailer, a subjective assessment of its value, or the suggested retail provide provided by the manufacturer or supplier). Cloudy does not represent that the strikethrough price was the regular or former price of items for any particular period of time and the time period may vary widely depending on the items. The strikethrough price may also be an introductory price that was offered for a short period of time.

Country of Origin Disclaimer:

Cloudy products are made by people & from components all around the world. Each product is made & contributed to by a variety of parties, some of which may be in the US, and some which of may be in other countries. Cloudy makes no claim that all or virtually all of any product is Made in the USA, made in any particular region of the USA, or made in any particular region outside of the USA. It should not be implied that because an office, employee, or fulfillment center is in a particular location that our products originate from or that our operations exist solely, substantially, or predominantly in that location. Further, it should not be implied that because a particular process takes place in a particular region that is the sole, substantial, or predominant region where that process (e.g.: bottling, shipping, design, assembly, sourcing, processing, etc.) or any other process takes place. For example, "Designed in California" does not mean that all, virtually all, or any specific amount of the materials, labor, assembly, & design for a product is in or from California. Our products may be made in foreign countries with foreign labor & foreign materials.

Clean Disclaimer:

The use of "clean" in reference to our products or ingredients refers to the clean aesthetic design/artwork of our product & that the product is free of controlled substances.

Communications May Be Recorded, Monitored, & Retained Disclaimer:

Your communications with us (for example: chat, phone, or email) may be recorded, monitored, and retained. By using chat, phone, or email to communicate with us you consent to the recording, monitoring, and storing of the conversation. See Privacy Policy.

By using the chat feature, you consent to the recording and use of information about you and the chat session by Cloudy or any authorized service provider acting solely on Cloudy’s behalf. Cloudy may use or disclose this information in accordance with its Privacy Policy. If you do not consent to these terms, please do not use the chat feature and reach out to us via email or by phone. Your continued interaction with, or submission of information to, the chat feature will be deemed to be your acceptance of Cloudy’s Privacy Policy.

Session Replay Disclaimer:

Our Sites may, from time to time, utilize technology often known as “session replay” technology that allows Cloudy to understand how users interact with the Sites, including replays of their interaction with our Sites. By using our Sites, you represent you have read this disclaimer and understand that Cloudy may use this session replay technology to record how you interact with our Sites, which may be used by Cloudy for its own internal analytical purposes, and to improve and enhance our Sites.

Ingredients Disclaimer:

Each Cloudy product contains a variety of ingredients & components, which may include a mix of various types & sources of ingredients, including ingredients that may be artificial and/or synthetic. Cloudy makes no claim that all or any of its products, ingredients in those products, or methods of sourcing or processing those ingredients is 100% non-artificial, 100% non-synthetic, 100% non-GMO, 100% organic, 100% natural, or all-natural. Some products may contain ingredients and/or components that may be synthetic and/or artificial, or that may have been synthetically and/or artificially processed or sourced. It should not be implied that because one or multiple of an ingredient in a product possess a trait that any certain amount of the other ingredients also possess that trait. ALWAYS ensure to review product labeling & packaging for all latest product ingredients in case ingredients are ever updated. All ingredients are subject to change without notice. Don't use if sensitive to any ingredients listed on this page or the product label. Always read the product label, directions, warnings, and ingredients prior to purchase and/or use. Ingredients may be US and/or globally sourced. We do not guarantee or suggest that Cloudy products or their ingredients are exclusively or predominantly from any particular source or region. We do not guarantee or suggest that Cloudy products include specific amounts of certain ingredients, or that certain ingredients are present in higher or lower quantities compared to other ingredients. We do not guarantee or suggest that any product exclusively or predominantly uses any ingredient(s). Ingredient text font size and positioning, ingredient images, and icons, or mention of an ingredient as a key ingredient DO NOT suggest that that product is exclusively or predominantly made of that ingredient(s). Disclosure of one or more ingredients may be withheld as proprietary information or when otherwise not required.

Proper Disposal & Recyclability Disclaimer:

When disposing of our products, you MUST do so safely & in accordance with any & all applicable international, federal, provincial or state regulations, rules, laws, or local ordinances. These may vary significantly by region, which is why it is critical to check & confirm with local authorities before disposing of your product. This may include disposing of the product (including contents & container) at a hazardous or special waste collection point or other special facilities. It is also important to understand that the recyclability of our products may vary depending on your community. Please check locally, as our products may not be recyclable in all communities. You can check your city's waste management website or sites like BeRecycled.org. To find a recycling drop-off location in the US, please visit Call2Recycle.org. to see a list of accepted materials. Depending on location, disposing of our products in standard household waste may be illegal. Always follow local restrictions for battery recycling or disposal by taking them to a household hazardous waste disposal facility, universal waste handler, or authorized recycling facility.

Our Products Are Not For Substance Use Disorder Treatment Disclaimer:

This product is not intended to diagnose, treat, cure, or prevent any disease, including the treatment of nicotine addiction and/or dependence. This product is not intended to cure, mitigate, or treat any substance use disorder or symptom of a substance use disorder, including tobacco use disorder. None of our products or services are intended for substance use disorder treatment. Any medical concerns, including substance use disorders, should be addressed with your doctor. Our products are not to be used for treatment, curing, or prevention of any substance use disorders. Our products have not been proven, studied, or approved by the FDA for treatment, curing, or prevention of substance use disorders. Cloudy communications, marketing, & other materials are not intended to imply that Cloudy products have been approved by the Food and Drug Administration or that the Food and Drug Administration has deemed this Product to be safe for use by consumers. To learn more about substance use disorders, please talk to your healthcare provider & review trusted government resources (CDC: Recovery Is Possible for Everyone: Understanding Treatment of Substance Use Disorders, CDC: How to Quit Smoking, & SmokeFree.Gov etc.).

Air Transportation Disclaimer:

Please comply with any and all applicable rules, regulations, & laws that relate to the transportation of our products, including transit by air. Some of are products may not be able to be transported in checked luggage. If permitted, you may need to transport our products in your hand luggage, and in such case you must store the products effectively & keep them separate from any flammable or explosive items. To learn more, please consult trusted government resources (ex: FAA.Gov, ICAO.Int etc.) & ask your airline.

DEVICE USE WARNINGS:

FAILURE TO OBSERVE THE FOLLOWING SAFETY INSTRUCTIONS DURING USE MAY RESULT IN DEVICE OVERHEATING, AND COULD POTENTIALLY CAUSE FIRES, ELECTRIC SHOCK, INJURY, OR PROPERTY DAMAGE. PLEASE READ AND FOLLOW ALL SAFETY INSTRUCTIONS GIVEN BELOW. THE FOLLOWING WARNINGS ARE BASED ON UL1642 “SAFETY STANDARDS (LITHIUM BATTERIES)” AND GB 3241 “SAFETY REQUIREMENTS FOR LITHIUM ION BATTERIES AND BATTERY PACKS FOR PORTABLE ELECTRONIC PRODUCTS”.

Operation

Please be careful when using or carrying this product. It is a consumer electronic product, & may contain metal, battery, and sensitive electronics. If the device is dropped, burned, punctured, squeezed, or exposed to liquids it may be damaged. If you suspect that the device or the device battery is damaged, cease use immediately and contact our customer service.

Battery

Any Built-in Lithium-Ion batteries are not intended to be removed or replaced by the user. DO NOT disassemble the device or remove the battery yourself; such removal voids any applicable product or device warranty (if any). Removing the battery may cause electrical sparks, overheating, and may result in fire, explosion, or release of harmful substances. If you suspect the battery to be damaged, please immediately discontinue use & contact our customer service immediately.

Avoid Contact With High Temperatures, Do Not Incinerate

Do not place the device in proximity to direct sources of heat, direct exposure to sunlight, or in environments of high temperatures (above 60ºC 140ºF). Contact with high temperatures may damage any battery which may cause malfunction and could result in fire, explosion, or release of harmful substances. The lithium-ion battery may burn and/or explode if heated or incinerated.

Potential Toxic Exposure

Lithium-ion batteries may contain caustic and toxic chemical compounds. If the battery is physically damaged or pierced, avoid contact of skin and eyes, and dispose of it immediately in accordance with all applicable law & safety standards. If eye or skin exposure has occurred to the matter contained within the battery, rinse the affected area thoroughly with water & seek medical attention immediately.

Avoid Exposure to Liquids

We do not guarantee or suggest that our products are waterproof, and they should not be made wet or exposed to liquids. Please do not soak or expose the device to significant amounts of any liquids, including water, sea water, and beverages.

Do Not Use Damaged Devices

If you notice any abnormality in the appearance or function of your device, especially physical damage, deformation, battery bloating, or leakage, please stop immediately and contact our customer service.

DISCLAIMER OF WARRANTIES: NO WARRANTIES ARE EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTIES AND REMEDIES SET FORTH IN THIS PAGE (IF ANY) DO NOT APPLY TO PRODUCT WHICH FAILS TO COMPLY WITH THE WARRANTIES BASED ON MISUSE (INCLUDING BUT NOT LIMITED TO THE IMPROPER INSTALLATION, IMPROPER USAGE, USE BEYOND THE GUIDANCE OF THE DIRECTIONS & DISCLAIMERS & WARNINGS & TERMS, COMBINATION WITH OTHER COMPONENT OR PRODUCTS, MIXTURE WITH OTHER COMPOUND, AND/OR REPAIR ACCIDENT), ABUSE OR MODIFICATION MADE BY ANYONE. See full terms at https://trycloudy.com/terms (contains important information including but not limited to: Disclaimer of Warranties, Limitation of Liability, an Arbitration Clause, info regarding your legal rights, remedies, obligations, and more).

Any dispute or claim arising from or related to this page shall be resolved through arbitration: Please read our full Terms of Service, which includes important information (Including but not limited to: Disclaimer of Warranties, Limitation of Liability, an Arbitration Clause, info regarding your legal rights, remedies, obligations, and more).

Liability and Damages:

Physical devices similar to those from which our vapors are produced have been known to heat up excessively and/or explode and can cause damage if this happens. The physical device is dangerous if swallowed, inserted into any other body cavity, and should not be permitted to be around children. The cap to the shipping/storage tube is small and can be a choking hazard.  Hive Endeavors, LLC cannot be held liable for any injuries or damages that occur from any such event, including from the inhalation of the mist/vapors produced by Cloudy diffusers.

Hive Endeavors, LLC's liability to you shall not exceed the amount of money you spent on acquiring Cloudy products and shall, furthermore, not include any liability for any indirect loss, loss of profit, injury, or other damages. Any suit brought against Hive Endeavors, LLC based upon information on this website or based upon claims of damages from Cloudy products shall be brought in Los Angeles, California, and shall be governed under the laws of the State of California, United States.

For more information about important Disclaimers please click here to review the Disclaimers.

Note that we reserve the right to change our Disclaimers at any time without notice. It is your responsibility to review the Disclaimers on a regular basis to keep yourself informed of any changes. We reserve the right to update, change or replace any part of the Disclaimers by posting updates and/or changes to our website. It is your responsibility to check the page periodically for changes. Your continued access or use of any part of the website and/or purchasing or using of any products or goods or services following the posting of any changes constitutes acceptance of those changes.

 Section 35 - Subscription Policy

Subscriptions - READ CAREFULLY:

When you purchase a subscription you'll receive repeat deliveries. These are based on the subscription duration and frequency that you select.

Your payment details will be stored securely and you'll be charged for each of these deliveries, unless you choose to pay in advance.

Some subscriptions may auto-renew at the end of their duration. If you don’t want to renew a subscription you can cancel it.

If you want to cancel or change your subscription, you can do it at any time. Your order confirmation emails have links to your order. You can cancel or manage your subscription from there. Alternatively, you may also cancel or manage your subscription via your Subscription Portal or your Account.

See our returns policy for more details on returns and refunds.

For more information about our Subscription Policy please click here to review the Subscription Policy.

Note that we reserve the right to change our Subscription Policy at any time without notice. It is your responsibility to review the Subscription Policy on a regular basis to keep yourself informed of any changes. We reserve the right to update, change or replace any part of the Subscription Policy by posting updates and/or changes to our website. It is your responsibility to check the page periodically for changes. Your continued access or use of any part of the website and/or purchasing or using of any products or goods or services following the posting of any changes constitutes acceptance of those changes.

Section 36 - Promotional Terms & Conditions

IMPORTANT NOTICE: You must carefully read and agree to our Terms of Service, Disclaimer, Age Policy, Refund Policy, and Privacy Policy before making a purchase or using our products or website. By making a purchase or using our products or website, you agree that you have read & agreed to all of the linked policies & related items. See Important Notice.

Note that we reserve the right to change our Importance Notice at any time without notice. It is your responsibility to review the Importance Notice on a regular basis to keep yourself informed of any changes. We reserve the right to update, change or replace any part of the Importance Notice by posting updates and/or changes to our website. It is your responsibility to check the page periodically for changes. Your continued access or use of any part of the website and/or purchasing or using of any products or goods or services following the posting of any changes constitutes acceptance of those changes.

PLEASE PRINT & RETAIN THIS PAGE FOR YOUR RECORDS.