We ensure quality assurance in all FOAM FORM BEDS products. The FOAM FORM brand promises long lasting, quality beds, and effective back pain relief for all sleepers. We offer a rigorous Quality Assurance Program to ensure all our mattresses deliver on all our comfort and back pain relief promises. Following through and exceeding expectations are deeply-ingrained FOAM FORM values. Our team’s mission is to supply everyone suffering from back pain with the best fitting sleep system through thorough product testing, quality manufacturing and exceptional customer service. Quality controls are administered regularly to ensure FOAM FORM beds maintain the highest quality standard that we hold ourselves to in product and service, because this is what is expected of us from our customers.
We offer Free White Glove Delivery within the continental United States. We will move your brand new Foam Form bed from our showroom to your bedroom at no charge. We bring our products to your home, set them up for you, remove the packing materials and even remove your old mattress and box spring if you want us to, just let us know when you place the order. While delivery times vary depending on the distance from one of our delivery hubs to your home, average delivery time is 1 – 4 weeks depending on product availability and your location. We will send you a tracking number 1 – 5 days after your purchase and we can also help you track your order anytime; simply contact your Foam Form bed customer service. We will do our best to speed up delivery time by shipping your order from the nearest location. If you need it even faster, let us know how quickly you need your new mattress when you place your order and we will do our best to accommodate you.
Our dedicated customer service team will follow through with the entire delivery process from the moment the order is placed to when the bed arrives at your home. Upon placing your order, you will receive an automated order receipt. Within 24 hours we will contact you to confirm any special delivery requests. You will receive your tracking number from customer service and our automated system. We will track your order on your behalf and resolve any issues that may arise along the way. Your dedicated customer service team and our automated system will notify you the day prior to delivery, the day of delivery and after the order is delivered. At any time during this process, you can contact us directly and the agent assigned to your order can provide any assistance you need. Now this is what we call quality customer service! We don’t sleep until you do.
ON DELIVERY DAY
When we deliver your new Foam Form bed, there must be an adult 18 years or older to accept delivery and sign to accept. We’re sorry, but if there is no adult we cannot leave your new product.
SPECIAL DELIVERY REQUESTS
If there are any special delivery requests such as a specific time for delivery or any unusual circumstances such as multiple flights of stairs, please note them when you place your order and again when we call to arrange delivery. This will allow us to make sure we can accommodate your needs. Contingent on these requests, we will do the best that we can given what is possible given the circumstances.
Your Foam Form bed will be delivered at no charge. Setting up of the new bed and removal of the old bed may have additional charges depending on certain factors. Please contact customer service to discuss these services if it is necessary.
For remote locations and Alaska/Hawaii may incur a surcharge per order; charges will be applied to your order based on your shipping address.
We’re passionate about delivering your best night’s sleep. That’s why we’re dedicated to producing quality products through premium materials, attention to detail and fine craftsmanship. We stand behind the quality of our products so you can buy direct from us with confidence.
We believe you’ll fall in love with your mattress. After all, 1,000,000 pain free sleep hours have been had by satisfied sleepers on their Foam Form bed. We want you to be confident, so we offer our 10,000 night warranty. We just ask that you try it out for 90 nights and if you don’t love your new Foam Form bed, call us and we will work with you to address your concerns. If we cannot find a way to make you happy, we will take the mattress back and refund your money with fewer shipping charges. After your first 90 nights, you can sleep soundly knowing you’re protected from product defects by our 10,000 night limited warranty on mattresses.
- Have your order number and order receipt ready.
- Make sure mattress is in its original unopened packaging.
- Contact our customer service.
If you purchased on Fofobeds.com, online returns or exchanges may be made within 30 days of receipt of product. If you would like to make an exchange, contact our dedicated customer service team to simply return your Foam Form bed and place a new order for the desired mattress. For unused mattresses in the original, unopened packaging, we will issue a refund as long as the product is in its original condition. Defective merchandise will be evaluated upon receipt. If your product is deemed defective, we will either repair the defect or exchange the product. In the event of a refund or exchange, the cost of delivery, return, and restocking will be the responsibility of the customer once the order has been scheduled for shipping, which may occur without notification sent to the customer.
We accept debit cards, all major credit cards (Visa, MasterCard, Discover, American Express) and prepaid gift cards by Visa, MasterCard and American Express.
Once you’ve placed your order, you’ll see a confirmation page that shows the products in the order, prices and billing and delivery addresses. We encourage you to print this page for your records. You will also receive a receipt in your email as well as a follow up call or email from our dedicated customer service to ensure we have all the necessary details on shipping (and etc.) to get you sleeping on a Foam Form bed.
By law we must charge sales tax for orders placed in any municipality that requires sales tax. This tax is included in the product price, so the price you see is the price you pay.
Your credit card information is secure. You can safely enter your credit or debit card information on our website. Our secure server encrypts all of the information you submit, so it is safely transmitted to us. Our customer service team do not record any payment information. All payment information is deleted or securely disposed of after every call.
Your credit card is charged when your order is placed. If you need to split your payment between multiple debit, credit, or gift card please call our dedicated customer service team and place the order with them; they’re equipped to handle these kinds of orders.
We will send a conformation email to the email address you gave us; it will include the same information as the order confirmation page. We will also send you an email when the order ships so you’ll know it’s on its way and a final email when it has been delivered.
You can find out the status of an order placed online by talking to one of our dedicated customer service staff, who can check the status for you, or you can search the tracking number provided using a search engine.
We do not sell products on e-bay, Amazon, or Craigslist, nor do we allow our authorized retailers to sell our products on these sites. Please be aware of counterfeit products. Note: products purchased on these sites are not eligible for our warranties and cannot be returned to us if they are defective.
Personal Information includes your name, address (both billing and shipping addresses), e-mail address, credit card information, and/or phone number. Each piece individually is a piece of Personal Information, and we collect varying amounts of Personal Information based on how you engage with us. For example, some of the places we collect Personal Information are when you order a product from us, request or subscribe to newsletters, product information, promotions or other communications from us, contact or communicate with us, participate in surveys, submit a product review, testimonial, comment, suggestion, or other content to us, access or use our pages or accounts on any third-party social media platforms such as Facebook, Twitter, or Pinterest, and/or otherwise interact with us online or by phone, mail, fax, or in person. Based on how you interact with us and the information you share, we use the Personal Information we collected to process and communicate with you about your order, ship the products you ordered, process financing applications and credit card payments, enhance your shopping experience, communicate with you about our products and events that may be of interest to you, and for other marketing and research purposes. To help protect against fraud and identity theft, we reserve the right to request proof of identification upon any purchase.
Information Collected Automatically. Our Online Services, email messages, and advertisements use various tracking technologies that may include cookies, log file information, web beacons, location data, online analytics (collectively, “Tracking Tools”) to automatically collect Information from you. We, along with our third party service providers, use Tracking Tools for a variety of purposes, including enhancing your online experience and our product offerings. We treat Information automatically collected as Non-Personal Information. Please see below for more information regarding the Tracking Tools that we may use.
Log File Information: Log file information is automatically reported by your browser or mobile device each time you access our Online Services. This Information may include your IP address, device and software characteristics (such as type and operating system), browser type, Internet service provider, URLs, referring/exit pages, click data, domain names, landing pages, pages viewed, and other such information.
Web Beacons: When you use our Online Services, we and our third party service providers employ web beacons (also known as clear gifs or action tags) which are used to anonymously track your online usage patterns. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. This information facilitates more accurate reporting and improvement of our Online Services.
Location Data: When you access our Online Services via a mobile device, we and our third party service providers may access, collect, monitor, and/or remotely store information regarding your mobile device, as well as real-time “location data,” which may include GPS coordinates.
Online Analytics: We use third party analytics tools, including Google Analytics, to help us measure traffic and usage trends for our Online Services. These tools collect Information sent by your browser or mobile device, including the pages you visit and other Information, which assists us in improving our Online Services and offerings. For more information regarding how Google collects, uses, and shares your information please visithttp://www.google.com/policies/privacy/partners/.
Third Party Ad Serving Companies: We may use third-party advertising companies to serve ads when you visit our Online Services. Such advertising companies may also separately use Tracking Tools, including cookies, in the course of delivering targeted advertisements to our Online Services.
Information We Receive From Third Parties. We may receive Information about you from third parties. For example, if you access our Online Services through a third-party connection or log-in (e.g., through Facebook), such third party may pass certain information about your use of its service to us. We may also receive Information about you from third parties such as our business partners and service providers. We may also obtain other Information about you such as change of address, contact information, or demographic information from commercially or publicly available sources.
Send to a Friend. We may give you the opportunity to tell your friends about product information and promotions. If you take advantage of our Send to a Friend option, we ask you for your friend’s and your first names and e-mail addresses to send the information to them that you requested.
FOAM FORM uses your Information, including Personal Information, for a variety of business purposes, including:
- providing our products to you;
- processing orders and payments;
- processing and facilitating financing applications;
- product registration and warranty purposes;
- providing our Online Services to you;
- processing and managing your accounts with us;
- communicating with you;
- improving and customizing our products, Online Services, promotions, communications, and advertisements;
- responding to your inquiries, comments, or postings;
- customer service and technical support, which may include responding to your requests, resolving issues, and/or troubleshooting problems;
- for internal operations such as enhancing our product offerings, marketing efforts, and to conduct research and analysis;
- developing new products and promotions;
- for marketing purposes;
- to prevent fraud or potentially illegal activities;
- to comply with applicable laws, regulations, and legal process; and/or
- to protect the security and integrity of our business, brands, Online Services, customers, and third party business partners and service providers.
We may combine all the Information we collect or receive about you for any of the foregoing purposes.
FOAM FORM shares and discloses your Personal Information under the following circumstances:
- with third parties that provide a variety of services on our behalf, including the development, maintenance, and support of our Online Services, order fulfillment, processing credit card payments, delivering packages, marketing research and analysis, communications, and customer service;
- with third party business partners in connection with our Online Services, product sales and fulfillment, and for marketing purposes;
- to comply with law, a court order, or other legal process, or in connection with a legal investigation or a request for cooperation by a government entity;
- to protect the legal rights and interests of FOAM FORM, its business partners and third party service providers, and our and their respective directors, officers, employees, representatives, and customers;
- to protect the legal rights, safety, and security of users of our Online Services;
- to protect against fraud;
- for risk management purposes;
- in aggregated or other non-personally identifiable form; and/or
- in accordance with your consent.
From time to time we might identify entities whom we believe trustworthy and who maintain privacy policies that are materially consistent with ours. In such cases we might exchange, share and/or cross–reference information, including contact information about you that will enable such entities to contact you regarding products and services that may be of interest to you.
To serve you better, we may combine information you give us online, in our stores or through our catalogs with publicly available information or information we receive from or cross–reference with these entities, our related businesses, or others. We use that combined information to enhance and personalize the shopping experience of you and others with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.
We provide you with the opportunity to update and/or delete certain Personal Information and to opt-out of having your Personal Information used or disclosed for certain purposes. For example, you may
- correct or update your Personal Information;
- change your preferences for certain communications (e.g., catalogues and product offers);
- choose whether to receive promotions and offers from us;
- request that we do not share your Personal Information with third parties for their marketing purposes; and/or
- request access to your Personal Information.
You may exercise your choices at the time of your product order, following the instructions provided in communications sent to you, or by contacting our customer service.
Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation. We will, however, continue to send transaction-based communications if you place an order, request a sample, request customer support, register a product, or make similar requests.
Please be aware that if you do not allow us to collect and use your Personal Information, we may not be able to deliver certain products, promotions, and offerings to you.
In the event that any Personal Information under our control is compromised as a result of a breach of security, FOAM FORM will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other action in accordance with any applicable laws and regulations.
Our Online Services and communications may contain links to other websites and social media platforms such as Facebook, Twitter, or Pinterest (“Linked Sites”). We are not responsible for the privacy practices, policies, or content of any Linked Sites, even if you link to them from our Online Services or communications. This Privacy Notice does not apply to any Linked Sites. We have no control over the collection or use of information, including Personal Information, on any Linked Site. We encourage you to read and understand the privacy practices of any Linked Sites that you visit.
Residents of the State of California may request a list of all third parties to which we have disclosed certain personal information (as defined by California law) during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us. For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state, and zip code. In the body of your request, please provide enough information for us to determine if this applies to you. You need to attest to the fact that you are a California resident and provide a current California address for our response. Please note that we will not accept requests via the telephone, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
We do not, however, currently track your Personal Information over time and across third-party websites, or allow third parties to collect Personal Information about your online activities when you use our Online Services for such third party use.
We do not knowingly solicit or collect Personal Information online from children under the age of 13 without parental or guardian consent. Please contact us as provided below in the Contact Us section if you believe we may have collected such information without parental or guardian consent.
“Phishing” is a scam designed to steal your Personal Information. If you receive an e-mail that looks like it is from us asking you for your Personal Information, please notify us as provided below in the Contact Us section.
FOFOBEDS.com uses Secure Sockets Layer technology to provide you with the safest, most secure shopping experience possible. SSL technology enables encryption (scrambling) of sensitive information, including passwords and credit card numbers during your online transactions. All of the forms on our site are secured with SSL technology so your personal information stays safe and out of malicious hands. FOAM FORM has contracted a technology company that specializes in data encryption and e-commerce so you can feel confident shopping on our website.
FOFOBEDS.com servers are protected by secure firewalls – communication management computers specially designed to keep information secure and inaccessible by other internet users. So you’re absolutely safe while you shop.
SSL technology and industry standard firewalls all work together to ensure your privacy and to assist in protecting your personal data.
Our site uses SSL encryption to secure the communication of all sensitive information passing between your browser and our servers. To confirm that it is a secure connection, you should see the https://www.FOFOBEDS.com in the URL. The “https” indicates that it is using SSL. Furthermore, you should see a yellow lock at the bottom right corner of your browser.
SECURE AND SAFE PAYMENT GATEWAY
Our awesome security staff goes to great lengths to ensure the safety of our customers’ payment information. Not only are we PCI compliant and encrypt connections using SSL technology, we also encrypt payment information travelling within our company as well. All payment information is encrypted while in storage within a network that is fire-walled off from the rest of the company and the internet.
We ensure that all of our pages are constantly secure. All FOFOBEDS.com pages travel over SSL even if you receive a popup stating that your site does not have a secure connection. There maybe some issues with specific versions of the internet explorer browser and how it handles images on secure pages. Thanks for shopping with confidence.
10,000 NIGHT FULL REPLACEMENT LIMITED WARRANTY
Rest easy, your new FOAM FORM bed is covered by a 10,000 Night Full Replacement Limited Warranty. For 10,000 nights after you purchase your new mattress from FOAM FORM or an authorized FOAM FORM Retailer, when it has a defect covered under the warranty, we will replace or repair it. This includes all parts of the mattress, and there’s no deductible. The details of this warranty, and some limitations, are provided in the complete Warranty Description on the following pages.
All FOAM FORM mattresses are covered by the terms of this Limited Warranty. For purposes of this Limited Warranty, the term “product” means any FOAM FORM mattress. FOAM FORM warrants that it will, at FOAM FORM’s option, replace or repair Purchaser’s FOAM FORM product sold in the U.S. by an authorized retailer if that product is defective due to faulty workmanship or materials, subject to the limitations described in this Limited Warranty. FOAM FORM undertakes no responsibility for the quality of the goods except as otherwise provided in this contract. There are no warranties that extend beyond the description on the face hereof. This Limited Warranty is valid only in connection with the original purchase of new products from authorized retailers and extends from the original purchase date of the original product purchased. An “original purchaser,” for the purposes of this Limited Warranty, is an individual or entity who purchases the product directly from FOAM FORM or an authorized retailer of FOAM FORM with the intent to use the product for personal consumer use and not for commercial or industrial use and not with the intent to resell the product. An “authorized retailer,” for purposes of this Limited Warranty, is an individual or entity authorized by FOAM FORM to sell product directly to original purchasers. An individual or entity that purchases the product from whatever source with the intent to resell the product is an unauthorized re-seller (“unauthorized re-seller”).
This Limited Warranty does not apply to floor models or “demos” (except as specifically provided herein) or to products sold by unauthorized re-sellers, including without limitation, unauthorized re-sellers on third party websites, including, without limitation, Craigslist, eBay, Amazon, etc. Unauthorized re-sellers are not “original purchasers” for the purpose of this Limited Warranty. If purchaser is not the original purchaser of this product, purchaser takes the product “AS IS,” “with all faults” and without warranty. If the purchase of this product was not directly from FOAM FORM, proof of purchase will be required to demonstrate that purchaser is the original purchaser and the product was purchased from an authorized retailer and eligible to make a valid claim under this limited warranty.
FOAM FORM mattresses are designed to work on a firm, solid-surface, non-spring foundation that is structurally capable of supporting the weight of purchaser’s FOAM FORM mattress and user(s). This Limited Warranty and other performance warranties are based on tests conducted on “sets” that consist of our mattresses and our bed bases. Therefore, if purchaser uses inappropriate foundations, box springs, adjustable bed bases, or bed frames with the mattress, such use will void this limited warranty and all other warranties, whether expressed or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose.
FOAM FORM may require purchaser to provide proof of the quality of the foundation or bed frame used in conjunction with the mattress if purchaser makes a claim under this Limited Warranty. FOAM FORM makes no representations whatsoever as to the structural integrity or rated load for any frame, foundation, or base not manufactured by or for FOAM FORM. FOAM FORM reserves the right to invalidate this Limited Warranty if the foundation is determined, in FOAM FORM’s reasonable discretion, to be inadequate or if the mattress is found to be in an unsanitary condition.
THIS LIMITED WARRANTY COVERS THE FOLLOWING ITEMS DURING NORMAL WEAR:
Deterioration causing the mattress to have a visible indentation greater than three- fourths (0.75) of an inch that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable bed base. Normal wear requires that a purchaser’s mattress be continuously supported by a proper bed frame sufficient to support the collective weight of the mattress and foundation.
A proper bed frame must provide sturdy support for both the mattress and users; including a center support and having at least 5-6 legs for queen, king and cal king and 4 leg support for twin and full mattresses. For queen, king, and cal king slatted style bed frames, it is incumbent upon purchaser to ensure that the frame utilized offers ample structural support for the mattress and users in view of that particular slatted style frame. Failure to have a proper bed frame may invalidate the limited warranty. The use of a bed frame is important for the life and protection of your sleep system. FOAM FORM sleep systems are not intended to sit/lay flat on the floor or on a waterbed frame or platform of untreated wood or untreated wood covered with fabric.
Please Note: FOAM FORM highly recommends a platform bed support system or a non-compressible support system of similar quality that is designed specifically to give slatted style bed frames for queen, king and cal king mattresses additional structural support.
Any physical flaw in the mattress that causes the FOAM FORM beds material to split or crack, despite normal usage and proper handling (as outlined in the Mattress Use & Care Instructions).
Any manufacturing defect in the assembly of the mattress cover. FOAM FORM may, at its own option, repair or replace the cover provided on the mattress. In the event that FOAM FORM replaces the mattress cover, FOAM FORM will replace it with the current style of cover available for the mattress, which may be of a different color or material than the original cover provided.
THIS LIMITED WARRANTY DOES NOT COVER:
A normal increase in softness of the FOAM FORM pressure-relieving material which does not affect the pressure-relieving qualities of the mattress.
Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains. However if there is a warranty defect not caused by the abuse or damage then the mattress would be covered under the standard warranty.
Damage associated with an improper bed frame, foundation, or adjustable base.
Replacement of the accompanying piece in the FOAM FORM sleep system where only one piece is defective, unless that accompanying piece is also defective.
Floor models or demonstration samples (“demos”) sold at a discount
Product sold by resellers who are not authorized retailers.
Product sold “as-is”, “preconditioned”, “reconditioned”, “used”, “returned”, “previously owned”, or any other similar wording indicating that the product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
PRODUCT REPLACEMENT TERMS
Except as otherwise provided herein, FOAM FORM will not charge purchaser to repair or replace purchaser’s mattress if it is deemed defective during the length of this 10,000 Night Limited Warranty, but any transportation costs associated with repairs or replacements are purchaser’s responsibility. In certain events, the transportation costs may exceed FOAM FORM’s then standard freight charges. No new warranty is provided with a replacement product. The warranty for the replacement product runs from the date of original purchase of the replaced product. In connection with the replacement of a product in compliance with the terms of this Limited Warranty, if a purchaser elects to upgrade to a more expensive product, it may do so by paying the difference between the cost of the original product being replaced and the cost of the upgraded product plus the transportation cost as part of the warranty exchange. In the event of an upgrade as described in this paragraph, a new warranty will be provided for the upgraded pieces only.
DEMONSTRATION SAMPLES AND FLOOR MODELS
Demos and floor models are sold “as is” and “with all faults” and covers on demos and floor models (whether removable or not) are not warranted or guaranteed. During this Limited Warranty, demo or floor model products purchased at a discount will be repaired by FOAM FORM at no charge to the purchaser or will be replaced for a charge equal to the cost of the replacement product less the amount paid by the original purchase for the demo or floor model. If the demo or floor model product has been discontinued then the replacement charge will be the cost of the reasonable equivalent of the discontinued item (or any upgraded item) less the amount paid by the original purchaser for the demo or floor model product.
If removable, the cover (except for demo or floor model covers) initially provided for the FOAM FORM product is warranted for 10,000 nights from the date of purchase against faults in material or workmanship. FOAM FORM reserves the right to repair said cover. In the event that FOAM FORM replaces the cover for the mattress, FOAM FORM will replace it with the current style of cover available for the mattress, which may be a different color or material than the original cover.
Except for verifiable warranty defects, demos and floor models are sold “as is” and “with all faults” and covers on demos and floor models (whether removable or not) are not warranted or guaranteed. During the Limited Warranty, demo or floor model products purchased at a discount will be repaired by FOAM FORM at no charge to the purchaser or will be replaced for a charge equal to the cost of the replacement foundation less the amount paid by the original purchase for the demo or floor model. If the demo or floor model product has been discontinued then the replacement charge will be the cost of the reasonable equivalent of the discontinued item (or any upgraded item) less the amount paid by the original purchaser for the demo or floor model product.
ADDITIONAL LIMITATIONS ON WARRANTY COVERAGE
In the event a warranty claim is filed and a warranty replacement is deemed necessary, purchaser will be required to surrender the original product to FOAM FORM at the time of replacement. FOAM FORM shall not be liable for incidental or consequential damages resulting from the use of this product or arising out of any breach of this warranty; the exclusive remedy for breach of this warranty shall be replacement or credit towards replacement as set forth herein. There are no express or implied warranties, including implied warranties of merchantability and fitness for a particular purpose, other than the warranty described on the face of this limited warranty.
If you and FOAM FORM do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither You nor FOAM FORM will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
To the extent permitted by law, any claim or dispute under this Limited Warranty must be filed within one year in small claims court, an arbitration proceeding, or in court, if so permitted herein. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then it will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
All parts of this Limited Warranty apply to the maximum extent permitted by law or unless prohibited by law. This Limited Warranty gives the purchaser specific legal rights, and the purchaser may also have other rights, which may vary from state to state.
Please retain this limited warranty and original proof of purchase for at least 10,000 nights from your date of purchase.
The Site allows you to submit reviews, comments or other information regarding our products, such as details regarding your use or information about you generally. This information will not be treated as confidential and we may publish any of your comments, in whole or in part, and by submitting any information through the review process, you grant to us a royalty-free, worldwide, perpetual and transferable right to use, copy, distribute, display, publish, sell, adapt or otherwise modify all review content. By submitting reviews or comments on the Site, you agree to the terms of our Customer Ratings and Reviews Terms and Conditions.
The Site may contain other links to websites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
You agree not to: (a) use the Site in any way that violates any applicable federal, state, local, and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) use the Site in any manner that could disable, overburden, damage, or impair the Site; (c) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including to monitor or copy any of the material on the Site; (d) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent; (e) use any device, software, or routine that interferes with the proper working of the Site; (f) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful; (g) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or (h) otherwise attempt to interfere with the proper working of the Site.
The Site and its contents, features, and functionality (including but not limited to information, software, text, displays, images, video, audio, logos, and the design, selection, and arrangement thereof, copyrightable or otherwise legally protective elements of the Site, and all trademarks, service marks, and trade names), are owned by FOAM FORM and/or its licensors, affiliates, assigns, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
By using the Site and uploading any content to the site, including the use of any hashtags or other identifier associated with FOAM FORM or any other company or brand affiliated with us, you agree to: (a) not upload, distribute, or otherwise publish any libellous, defamatory, obscene, pornographic, abusive, or otherwise illegal material, (b) not use defamatory language, or post meaningless messages or “spam;” and (c) not use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc.
You acknowledge that any user-generated content you make on the Site, including comments, forum messages, reviews, videos, photographs, etc., may be edited, removed, modified, published, transmitted, and displayed by us and you waive any rights you may have in the materials submitted and any changes made by us when posted or reposted on the Site or any other media controlled by us or our affiliates or partners.
By providing any content to the Site, you are consenting to its display and publication on the Site, and any use and publication of the content by us online or offline and for any purpose, including promotional uses.
The FOAM FORM name and all related names, logos, product and service names, designs, and slogans are trademarks of FOAM FORM or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners.
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We hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
In no event will we, our affiliates, distributors, licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the site, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
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