OWNERSHIP AND COPYRIGHT
The Company has a no-tolerance policy regarding the use of their respective Trademarks or names in metatags and/or hidden text. The use of the Company’s Trademarks or name in metatag keywords is trademark infringement and the use of the Company’s Trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.
USE OF CONTENT
The Website and Website Content are intended solely for personal and non-commercial use by visitors and online shoppers. Any use of the Website or its content other than for personal and non-commercial purposes is prohibited. The Company grants a non-exclusive, non-transferable and revocable license to download, electronically copy and print any of the content and functionality displayed on the Website for your personal, non-commercial use only. Such license is not a transfer of title and is subject to the restrictions that you shall not (i) reproduce, publish, transmit or distribute any of the content, (ii) modify or create derivative works from the content, (iii) use any of the content for any commercial purpose, or in any public display, performance, sale or rental, (iv) decompile, reverse engineer, or disassemble the content, or (v) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use the Website in any manner that may be harmful to the operation of the Website or its content.
USER INFORMATION AND CONTENT
You understand and agree that the Company does not control and is not responsible for any content made available on the Website by other users. Your use of, or reliance on, any information contained in such third-party content is at your sole risk. Under no circumstances will the Company be liable for any such third-party Content or for any loss or damage resulting from your use of, or reliance on, such third-party content.
NOTICE OF INFRINGEMENT
The posting of any content on the Website that infringes or violates the copyright or other intellectual property right (including rights of privacy and publicity) of any person or entity is prohibited. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on this Website, please write to the address shown below, giving a written statement containing (i) identification of the copyrighted work or intellectual property right believed to be infringed, (ii) identification of the content on this Website requested be removed, (iii) your name, address, daytime telephone number and e-mail address if available, (iv) a statement that you have a good faith belief that the use of the copyrighted work or the intellectual property right is not authorized by its owner, its agent, or applicable law, (v) a statement that the information in your statement is accurate and that, under penalty of perjury, the signatory is authorized to act on behalf of the owner of the right believed to be infringed and (vi) the signature of the owner of the right believed to be infringed or a person authorized to assert such infringement on behalf of the owner. Any content on this Website that infringes the copyright or other intellectual property rights of any person under U.S. law will be promptly removed following receipt of such a statement. Statements of infringement under this section should be submitted to the address below.Dearfoams Inc.
13405 Yarmouth Road NW
Pickerington, OH 43147
If you access or use the Website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to be responsible for all activities that occur under your account or password. The Company may sell products for children, but only sells such products to adults who can purchase with a credit card or other method of payment accepted on the Website. We reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders at our sole discretion.
MOBILE TERMS & CONDITIONS
By texting the keyword to the given short code, or by signing up through our Website, you are consenting to receive marketing and promotional text messages (e.g. cart reminders) to the mobile number provided from the Company or its texting vendors that may be sent via an automatic telephone dialing system to the mobile number provided.
By opting into receiving text messages, you:
- Authorize the Company to use an automatic telephone dialing system to send recurring automated text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in).
- Acknowledge that you do not have to agree to receive messages as a condition of purchase.
- Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in.
Once you affirm your choice to opt-in to text messages, your message frequency will vary. You may receive alerts about: sales promotions, event information, product launch announcements, product information, cart reminders, or price alerts.
Message and Data Rates May Apply. Please consult your service agreement with your wireless carrier to determine your phone’s pricing plan. This program may not be available on all wireless carriers. The carriers supported by this program are AT&T, Boost Mobile, Sprint, T-Mobile, U.S. Cellular, and Verizon , but the Company may add or remove any wireless carrier from this program without notice. The Company and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To stop receiving text messages from the Company, text the word STOP to any of the text messages you have received from or on behalf of the Company. This is the exclusive method for opting out. After texting STOP, you will receive one additional message confirming that your request has been processed.
You can text HELP for help at any time to any of the text messages you have received from or on behalf of the Company. You can also contact us at 1-800-448-8753.
COMMENTS AND SUGGESTIONS
The Company appreciates hearing from our customers and other users of the Website and welcomes your comments and suggestions regarding the Website and the products offered for sale, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion. If you submit comments or suggestions, you should be aware that our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. We value your feedback on our products and our services but request that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions you send to the Company will become our property and shall not be subject to any obligation of confidentiality on our part. The Company is not liable for any use or disclosure of any such feedback, comments or suggestions and shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.
The Company makes all reasonable efforts to display the products listed for sale on the Website as accurately as possible. However, the colors used, as well as the display and color capabilities of your computer monitor, will affect the colors actually seen on your screen. The Company cannot guarantee that your monitor’s display of any product color, texture or detail will be accurate. In addition, the Company does not warrant that any product descriptions or other content are accurate, complete, reliable, current or error free. If a product offered on the Website is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL CONTENT AND FUNCTIONALITY PROVIDED ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE WEBSITE INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY, ITS PARENT OR ANY AFFILIATE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON ANY LINKED WEBSITE, CONTAINED IN ANY CONTENT PUBLISHED ON THE WEBSITE, OR PROVIDED BY THIRD PARTIES. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY AND THIRD-PARTY CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE WEBSITE IS AT YOUR OWN RISK.
The disclaimers of liability above apply to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You also acknowledge the Company is not liable for defamatory, offensive, infringing or illegal materials or conduct by you or any third party.
These limitations of liability shall survive the termination or expiration of our agreement with you. The law of certain states may not allow limitations on warranties or damages as described above. If such law applies to you, some or all of the above disclaimers, exclusions or warranties may not apply to you and you may have additional rights. However, in no event shall the aggregate liability of the Company to you for all claims, damages, losses, and causes of action exceed the amount paid to the Company by you for accessing the Website.
The Company makes no representations that the content of the Website is appropriate or available for use in all locations. Visitors who choose to access the Website from any location do so by their own initiative and are responsible for compliance with applicable local law.
ELIGIBILITY; JURISDICTION; APPLICABLE LAW