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Foamex Internet Disclaimer TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. FOAMEX OFFERS THIS SITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (the “Terms”). BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT ACCESS THIS SITE OR ANY PAGES THEREOF.

General Use Restrictions

Foamex or third parties granting rights to Foamex hold all right, title, and interest in and to the materials on this Site, which are the copyrighted work of Foamex or such third parties. Foamex grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this Site. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to “frame” or “mirror” the Site, any material contained on or accessible from this Site on any other server or Internet-based device without the prior written authorization of Foamex.  

Copyright ã Foamex International Inc. All Rights Reserved

Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Foamex International Inc. unless otherwise indicated.

Trademarks

Foamex® and all products denoted with™ or ® are trademarks or registered trademarks of Foamex L.P. Foamex trademarks may not be used in connection with any product or service that is not a Foamex product or service, unless a party has prior written authorization from Foamex. 

Privacy Policy

Below is a description of the Privacy Policy of Foamex regarding information received about visitors during visits to our Site. The amount and type of information received depends on how you use our Site.

You can visit the Site to read product and company information without telling us who you are and without revealing any personal information. The only information we collect and store during normal Site usage is the name of your Internet service provider, the web site that referred you to us and the pages you request. We use this information to generate statistics and measure Site activity to improve the usefulness of visits. During normal Site usage, we do not collect or store personally identifiable information such as a name, e-mail address or other information.

In response to inquiries received from visitors, there are instances where Foamex requests personally identifiable information to provide the Site visitor with information about Foamex and its products. This information, such as name, e-mail address, the type of request and possibly additional information is used to fulfill your request. If you tell us that the information should not be used as a basis for further contact, we will respect your request. The information you provide is used by Foamex to improve the products we provide you. It is never shared with any third-party.

Visitors to the Site may decide to send Foamex personally identifying information, for example, in a message containing information about your product or service. Foamex will only use this information to identify the user and to determine how to respond to the electronic mail. We will not use this information other than to resolve the matter identified in the e-mail. We reserve the right to change our Privacy Policy at anytime. A revised Privacy Policy will only apply to data collected subsequent to its effective date.

Links

This Site may be linked to other sites on the World Wide Web that are not under the control of or maintained by Foamex. Such links do not constitute an endorsement by Foamex of any such sites. You acknowledge that Foamex is providing these links to you only as a convenience, and you agree that Foamex is not responsible for the content or links displayed on such sites to which you may be linked.  

Disclaimer of Warranties; Limitation of Liability

Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by Foamex. Foamex does not warrant the accuracy or timeliness of the materials. Foamex has no liability for any errors or omissions in the materials, whether provided by Foamex or third parties.  

THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. FOAMEX, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. FOAMEX WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF FOAMEX HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING CONTAINED HEREIN IS TO BE CONSTRUED AS A RECOMMENDATION TO USE ANY PRODUCT, PROCESS, EQUIPMENT OR FORMULATION IN CONFLICT WITH ANY PATENT, AND FOAMEX MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THE USE THEREOF WILL NOT INFRINGE ANY PATENT. 

Inaccuracies or Errors

The descriptions, pictures and other representations of products on this Site may contain inaccuracies and errors. Foamex does not make any warranty or representation with respect to the accuracy or completeness of any such information.

Furthermore, the availability of products on this Site may change without notice to you at any time in Foamex’s sole discretion.

Terms of Use Revisions

Foamex may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.  

Applicable Law

Any action related to these Terms or use of the Site shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to the choice or conflicts of law provisions of any jurisdiction.


© 2004 Foamex L.P. All rights reserved.
Terms of Use
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