Agreement between User and https://thefoamory.com/
Welcome to https://thefoamory.com/. The https://thefoamory.com/ website (the “Site”) is comprised of various web pages operated by The Foamory inc. For the purposes of these Terms and Conditions, unless otherwise noted, all references to The Foamory inc include https://thefoamory.com/ and The Foamory. https://thefoamory.com/ is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the”Terms”). Your use of https://thefoamory.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://thefoamory.com/ is an E-Commerce Site.
The Foamory supplies High Density EVA Foam and Supplies for Cosplay, Costuming and Crafting.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Foamory is not responsible for third party access to your account that results from theft or misappropriation of your account.The Foamory and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
User Comments, Feedback And Other Submissions
Children Under Thirteen
The Foamory will gladly accept any returns within 30 days of original purchase of unopened/unused products from the online store. The customer shall contact The Foamory at the email address on the order confirmation for return instructions. The original shipping cost will be subtracted from the Refund total. The Customer is also responsible for the Return shipping cost.
The Foamory will issue a full refund including shipping if the product is being returned to The Foamory because of a fault of The Foamory or the manufacturing process. The refund will be processed once the item is received by The Foamory at their main place of business.
Links to Third Party Sites/Third Party Services
https://thefoamory.com/ may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Foamory and The Foamory is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Foamory is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Foamory of the site or any association with its operators.
Certain services made available via https://thefoamory.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://thefoamory.com/ domain, you hereby acknowledge and consent that The Foamory may share such information and data with any third party with whom The Foamory has a contractual relationship to provide the requested product, service or functionality on behalf of https://thefoamory.com/ users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Foamory or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Foamory content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of The Foamory and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Foamory or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your The Foamory account to third party accounts. By connecting your The Foamory account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by The Foamory from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Foamory Content accessed through https://thefoamory.com/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless The Foamory, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Foamory reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Foamory in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and The Foamory agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE FOAMORY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE FOAMORY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE FOAMORY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The Foamory reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Foamory as a result of this agreement or use of the Site. The Foamory’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Foamory’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Foamory with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Foamory with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Foamory with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Foamory reserves the right, in its sole discretion, to change the Terms under which https://thefoamory.com/ is offered. The most current version of the Terms will supersede all previous versions. The Foamory encourages you to periodically review the Terms to stay informed of our updates.
The Foamory welcomes your questions or comments regarding the Terms:
The Foamory inc
Chapel Hill, North Carolina 27517
Email Address: firstname.lastname@example.org
Telephone number: (919) 636-9275
Effective as of October 09, 2020