Legal notice
Terms of Service — Disclaimers & Limitation of Liability
1. Not medical advice; not a medical device
The Cura Birth Tub Heater ("Product") is a consumer water-heating appliance. It is not a medical device, is not intended to diagnose, treat, cure, monitor, or prevent any condition, and is not a substitute for care from a licensed healthcare provider. Nothing on this website constitutes medical advice. All decisions regarding pregnancy, labor, home birth, and water birth should be made in consultation with a qualified healthcare provider. Cura Birth & Baby, LLC ("Cura," "we") makes no representation that water birth or home birth is safe or appropriate for any individual.
2. Intended use; user responsibilities
The Product must be used only as described in the user guide. You are responsible for: (a) independently verifying water temperature with a thermometer and maintaining it within the range advised by your healthcare provider; (b) connecting the Product only to a GFCI-protected 120V outlet; (c) inspecting the Product, hoses, and cord before each use and discontinuing use if damaged; (d) keeping the Product's electrical components outside the pool as directed; and (e) supervising the birthing environment at all times. The Product does not replace human monitoring of the laboring person, the baby, or the water.
3. Assumption of risk
Childbirth, water immersion during labor, and the use of electrical appliances near water carry inherent risks. To the fullest extent permitted by applicable law, you knowingly and voluntarily assume all risks arising from or related to use of the Product and this website.
4. Warranty; limits on implied warranties
The Product is covered by our written 12-month limited warranty . TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE PERIOD OF THE WRITTEN WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.
5. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL CURA, ITS OWNERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, ARISING FROM OR RELATED TO THE PRODUCT, ITS RENTAL, OR THIS WEBSITE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) CURA'S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR RENTAL GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS ON PERSONAL-INJURY CLAIMS, SO SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
6. Indemnification
You agree to indemnify and hold Cura harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your misuse of the Product, use contrary to the user guide or these Terms, or violation of applicable law.
C. Rental addendum (for rental orders)
Condition & inspection. Each rental unit is sanitized and safety-tested before shipment. You must inspect it on arrival and report any damage before use; use constitutes acceptance of the unit's condition.
Care & use. You agree to use the unit per the user guide, only with a GFCI-protected outlet, and to return all components in the condition received, normal use excepted.
Damage, loss & late return. You are responsible for repair or replacement costs for damage beyond normal use, loss, or theft, and for late fees as posted. You will be charged for the full cost of a replacement unit $249.99 with applicable fees and taxes.
Return. You are responsible for covering the return shipping cost.
No sublease. The unit may not be re-rented or lent to others.
All disclaimers, assumption of risk, and limitations of liability in Sections 1–6 above apply fully to rentals.