Terms and Conditions for Everythingfoam.com
This website is owned and operated by Everything Foam Company. By visiting our website and accessing the information, resources, services, products, and tools we provide (hereafter referred to as ‘Resources’), you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’ and ‘Terms’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
​
This agreement is in effect as of April 14th, 2020.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
​
In order to use our website and/or receive our services/products, you must be at least 18 years of age or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
​
When purchasing an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process: (iii) In order to access our resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the resources. You agree that any information you provide will always be accurate, correct, and up to date.
​
Retention of Right to Change Offering
The prices we charge for using our services and/or for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.
We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
​
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
1. The use of our Resources will meet your needs or requirements.
2. The use of our Resources will be uninterrupted, timely, secure or free from errors.
3. The information obtained by using our Resources will be accurate or reliable, and
4. Any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that:
5. Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
6. No information or advice, whether expressed, implied, oral or written, obtained by you from www.everythingfoam.com or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
​
Ownership of Intellectual Property, Copyrights and Logos
The Resources and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Everything Foam Company. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
​
Right to Suspend or Cancel User Account
We may permanently or temporarily terminate or suspend your access to these Resources without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
​
Indemnification
You agree to indemnify and hold Everything Foam Company harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party
due to, or arising out of, or in connection with your use of the website or any of the Resources offered on the website.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Everything Foam Company, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, these Resources. To the maximum extent permitted by applicable law, Everything Foam Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Resources; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
​
Right to Change and Modify Terms
We reserve the right to modify these Terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms by posting a new date of this agreement. Your continued use of the Website or our service after any such change constitutes your acceptance of the new User Agreement. If you do not agree to any of these Terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
Promotional Emails and Content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.
​
Preference of Law and Dispute Resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of British Columbia, Canada, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Prince George, British Columbia, Canada. The
application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
​
Privacy
Your privacy is very important to us, which is why we do not share your information with anyone but only for internal use in regards to product information and purchase, warranty and other uses. Please see our entire privacy policy here.
​
Customer Support Details & Contact Info
If you have any questions or would like to contact us for more information, please email: everythingfoam@gmail.com.
2591 Vance Rd. Unit 101
Prince George, B.C. V2N 3M9
(250) 564-3626