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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.
LinksThis 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.
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