Legal Disclaimers

Your use of this website is subject to our terms and conditions of use set out below (Terms of Use), and by using this website you agree, and signify your agreement, to be bound by these terms and conditions. If you do not read and abide by these Terms of Use, you should not use this website.

Terms of Use

1. Copyright and Reproduction Notice and Limited License

The information, content, graphics, text, sounds, images, buttons, trademarks, service marks, trade names and logos (“Materials”) contained in this website are protected by copyright, trademark, database rights, sui generis rights and other intellectual property laws, under national laws and international treaties. You are granted a limited license solely for your own personal, non-commercial use to refer to, bookmark or point to any page within this website, and to download the Materials contained on this website to a single personal computer, and to print a single hard copy of the Materials contained on this website for your own personal reference, provided however that all copyright, trademark and other proprietary notices are left intact. The grant of this limited license is conditional on your agreement to, and compliance with, the Terms of Use.

Any other use of the Materials on this website, including any form of copying or reproduction (for any purposes other than those stated above), modification, distribution, re-publication, extraction, re-utilization, incorporation or integration with other materials or works or re-delivery using framing technology, without the prior written permission of Foamite Industries Inc., (Foamite) is strictly prohibited and is in violation of the proprietary rights of Foamite.

Hypertext links to this website by other users and websites are permitted provided that the link to this website is in a simple list of companies pointing to Foamite’s home page (www.foamite.com). This limited license entitles other users and websites to link to Foamite’s home page only, and linking to other content on or information in this website is prohibited without Foamite’s express written consent.

2. Intellectual Property Rights Notice

Foamite and/or its suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. Nothing in the Terms of Use shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark, database right, sui generis right or other intellectual property or proprietary interest of Foamite, its affiliates or any third party.

3. Disclaimers

All use of this website is at your own risk. You assume complete responsibility for, and for all risk of loss resulting from, your downloading and/or using of, or referring to or relying on, Materials, or any other information obtained from your use of this website. You agree that Foamite will not be liable for damages arising out of your use or your inability to use this website, and you hereby waive any and all claims with respect thereto, whether based on contract, tort or other grounds.

This website is available to all users “as is” without any representations or warranties of any kind, either express or implied. Foamite makes no representations, warranties or undertakings that this website, or the server that makes it available, will be compatible with your equipment or free from defects, including, but not limited to viruses or other harmful elements. Foamite accepts no liability for any infection by computer virus, bug, tampering, unauthorized access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence beyond the control of Foamite, which corrupts or affects the administration, security, fairness and integrity or proper conduct of any aspect of this website or your equipment.

There are certain inherent risks in using the Internet and the World Wide Web, and by using this website you agree to bear the costs and liabilities of such risks. Foamite makes no representations, warranties or undertakings about:

Any of the Materials on this website (including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for any particular purpose; or Any content of or information on any other website referred to or accessed by hypertext link through this website or from which this website is referred to or accessed by hypertext link (“Third Party Site”). Foamite does not endorse or approve the content of any Third Party Site, nor will Foamite have any liability in connection with any Third Party Site (including but not limited to liability arising out of the merchantability, quality or fitness of the materials on any Third Party Site or any allegation that the content of or information on any Third Party Site infringes any law or the rights of any person or entity).

No judgment or warranty is made with respect to the accuracy, timeliness or suitability of the content of any Third Party Site, and any and all liability which might arise out of, or in connection with, your use or reliance on the content of or information on, or the performance of, any Third Party Site is excluded.

4. Limitation of Liability

To the fullest extent permitted by applicable law, neither Foamite nor any of its directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with your use of, or your inability to use, the Materials, and/or facilities or services offered through this website, any error in the provision of this website or any computer virus transmitted through this website including, but not limited to, direct, indirect, economic or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if Foamite has been advised of the possibility of such loss or damages, or such loss or damages arise from our negligence or were reasonably foreseeable.

Refund/Cancellation Policy

We manufacture custom mattresses and produce custom cut foam pieces. These pieces are cut from a large block of foam to your size and specifications. Once the pieces are cut to size or the mattresses are made to a specific combination or custom size they cannot be returned. However, because we are the manufacturer we can modify your mattress or foam order to better suit your needs. We can do this by using the existing pieces and possibly adding more to give you a different compression or size. Prior to production, based on when an order was specified for delivery, cancellation in writing is possible in some cases. Please contact the company representative with whom the order was placed or email your request to real.comfort@foamite.com.

Requests for refund should be made in writing to our corporate office:

Accounting Department/Refund Request
Foamite Industries Inc.,
1000 Edgeley Boulevard
Vaughan, Ontario, Canada L4K 4V4
Fax: 905-660-7218
Email: real.comfort@foamite.com

Governing Law

This website is controlled and operated by Foamite Industries Inc., in Vaughan, Ontario, Canada. Foamite does not make any representation that Materials and/or the facilities or services offered through this website are appropriate or suitable for use in countries other than Canada, or that they comply with any legal or regulatory requirements of such other countries. In accessing this website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this website, the Materials, and/or facilities or services offered through this website or any part of them, available in your country, or to you (whether by reason of nationality, residence or otherwise), this website, the Materials and/or facilities or services offered through this website or any part of them are not directed at you.

These terms and conditions of use shall be governed by and construed in accordance with the laws of Canada. By using this website, you hereby irrevocably agree to submit to the jurisdiction of, and agree to take proceedings related to these Terms of Use before, a court of competent jurisdiction in state or federal courts of Canada in the province of Ontario, which shall have jurisdiction to hear and determine any action or proceedings that may arise out of or in connection with these Terms of Use. The foregoing shall not prejudice Foamite’s right to bring such proceedings in any other competent court of jurisdiction in Canada, to which you irrevocably submit to such jurisdiction.

Miscellaneous

Any waiver of any provision of these terms and conditions must be in writing and signed by the president of Foamite to be valid. A waiver of any provision here under shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these terms and conditions to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These terms and conditions represent the entire understanding and agreement between you and Foamite relating to use of this website, and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and by the President of Foamite.