Terms & Conditions

WEB SITE TERMS AND CONDITIONS OF USE AND SALE

This website is owned and operated by Oceanfoam, LLC (“Oceanfoam”) with an address of 2501 S Wayzata Blvd, Minneapolis, Minnesota 55405, United States. These Terms and Conditions of Use (the “Terms of Use”) govern your use of, and access to, our website available at https://www.oceanfoam.com (the “Site”) and any purchases, content, newsletters, and/or other related goods, services, or communications offered by Oceanfoam through the Site or any associated website or medium (collectively, the “Services”). These Terms of Use were last updated on December 11^th, 2023.

These Terms of Use constitute a binding contract between you and Oceanfoam, regarding the terms under which Oceanfoam will provide you with access to the Site and Services. In these Terms of Use, we will refer to you as “you” and Oceanfoam either as “Oceanfoam,” “we” or “us.”

BY ACCESSING THIS SITE YOU SIGNIFY YOUR AGREEMENT TO ABIDE BY THESE TERMS OF USE. You agree that your assent, given electronically, has the same legal effect as if it had been personally signed by you. To the extent permitted by law, the Terms of Use are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically.

By using or accessing the Site, or any materials accessible through the Site, you acknowledge and agree to be bound by all the terms and conditions of the Terms of Use as well as the Privacy Policy and cookie policy available [https://oceanfoam.com/pages/privacy-policy] (“Privacy Policy”). Oceanfoam may amend the Terms of Use and Privacy Policy at any time by posting the amended documents on the Site.

IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE OTHER APPLICABLE AGREEMENTS, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES.

Your Rights and Obligations

a. License to Access. Subject to these Terms of Use, Oceanfoam grants you a temporary, limited, non-exclusive, revocable, non-transferable access those portions of the Site and content available to you based on your account credentials. By agreeing to grant such access, Oceanfoam does not obligate itself to maintain the Site or the Services in its present form. Oceanfoam may upgrade, modify, change or enhance the Site and the Services, including any content available through the Site, discontinue any products, modify any pricing for products, or make any other changes at any time in Oceanfoam’s sole discretion, without the need to provide prior notice to you.

b. Your Obligations. You agree to abide by any rules that Oceanfoam publishes with respect to use of the Site and the Services and any other current or future rules and regulations communicated to you either by posting such rules or regulations to the Site or delivered to you by e-mail. Any such rules or regulations hereby incorporated into these Terms of Use by this reference. Oceanfoam reserves the right to deny you access to the Site and/or Services if, in Oceanfoam’s sole discretion, you have failed to abide by these Terms of Use. You further agree that you will comply with all applicable laws, rules, and regulations whether local, state, federal, or otherwise. You accept that Oceanfoam in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Use.

c. Security. You shall not transfer or share your access privileges, or any login information, to or with any third party. You shall be solely responsible for any authorized or unauthorized use of your username, password, and access to your account by any person, including any purchases made therefrom. You agree to bear all responsibility for the confidentiality of your password and all use, purchases, or charges incurred from use of the Site with your password. Oceanfoam and its affiliates, reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

d. Compatibility and Equipment. You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Site including all hardware, software, electrical, and other physical requirements for your use or access of this Site.

Purchases.

a. Prices and Payment. You are responsible for paying any and all fees associated with your use of the Site, including any products purchased through the Site and associated shipping, handling, and similar fees and costs. All prices are shown in U.S. dollars except as otherwise expressly stated. You are solely responsible for all applicable taxes, and will be charged for taxes when required by law. You acknowledge that Oceanfoam may change its prices and available products at any time. All sales are subject to availability and Oceanfoam reserves the right to limit the products and quantity available, and to reject all or part of any order without notice, regardless of whether the affected order has been placed or accepted. Your payment information for any purchases you make through the Site or Services will be processed and stored through a third-party payment processor and you hereby authorize the use of such third-party services and authorize us to share your information for the purposes of performing obligations under these Terms of Use.

b. Product Descriptions. Oceanfoam endeavors to provide information regarding its products and services that are as accurate as possible. However, Oceanfoam cannot guarantee that all information, descriptions, pricing, or other information are current, complete, or error-free. In the event of any discrepancy or error, we reserve the right to correct such error, revise your order, or reject the order without providing prior notice, even if you have already submitted and Oceanfoam has accepted the order. The sole and exclusive remedy in such circumstances shall be an account credit or refund.

Prohibited Use. You acknowledge and agree that you will not and cannot:

a. Make any commercial use of this Site, or its content or related information;

b. Reproduce, copy, rent, sell, or otherwise exploit this Site, or its content, or information for any purpose without the express written consent of Oceanfoam;

c. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials obtained from Oceanfoam or the Site;

d. Use the Site or the Services in any manner that infringes upon or violates the copyright, patent, trademark, trade secret rights, or any other rights of another party including, but not limited to, to upload, post, or transmit any content for commercial solicitation or political campaigning, any content that is harmful, threatening, abusive, harassing, vulgar, obscene, sexually explicit, profane, hateful, defamatory, libelous, invasive of the privacy of another, or unlawful, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, insult or make uncomfortable other users of the Services, or otherwise violate any applicable local, state, national, or international law, or is otherwise objectionable in the sole discretion of Oceanfoam;

e. Upload, post, or transmit any viruses, trojan horses, or other malicious or harmful computer code or programs or otherwise use the Site or the Services to intentionally or unintentionally violate any local, state, federal, or other law; nor

f. Engage in any other activity deemed by Oceanfoam, in Oceanfoam’s sole discretion, to be in conflict with the spirit or intent of the Terms of Use.

Availability of Site. You agree that from time to time this Site and/or the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Oceanfoam may undertake from time to time; or (iii) causes beyond the control of Oceanfoam or which are not reasonably foreseeable.

Disclaimer Regarding the Site and the Services. NEITHER OCEANFOAM DOES NOT PROVIDE MEDICAL ADVICE. THE INFORMATION PROVIDED ON THE SITE AND WITH ANY PRODUCTS PURCHASED IS FOR GENERAL EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. YOUR RELIANCE ON ANY INFORMATION IN THE SERVICES, ON THE SITE, OR OTHERWISE PROVIDED BY OCEANFOAM IS SOLELY AT YOUR OWN RISK. YOU SHOULD ALWAYS DISCUSS ANY CONCERNS REGARDING YOUR PHYSICAL OR MENTAL HEALTH WITH A DOCTOR, PHYSICIAN, OR OTHER MEDICAL PROFESSIONAL.

Ownership of Intellectual Property.

a. Copyrighted Works. All content contained on this Site, including, but not limited to, text, audio, video, photos, and other content is exclusively owned by or licensed to Oceanfoam. You agree that you will not directly or indirectly copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content from the Site or the Services without the prior express written permission of Oceanfoam and any third party where applicable.

b. Trademarks. The trademarks, service marks, company names, logos, and related names and marks (the “Trademarks”) used and displayed on this Site or with the Services are owned by Oceanfoam. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademarks displayed on this Site without the express written permission of Oceanfoam. Except for the limited right to access identified in Section 1, you acknowledge that nothing contained in these Terms of Use shall be construed as granting or conferring, by implication, estoppel or otherwise, any right, title, or interest to any trademark, copyright protected work, or other intellectual property.

Links to Other Web Sites. The Site and the Services may contain hyperlinks to other websites (“Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave the Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than the Site. Oceanfoam is not responsible for the content presented by any Other Sites. Oceanfoam also does not endorse or make any representation regarding the legality, accuracy, or authenticity of content presented by Other Sites.

If a third-party links to the Site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Oceanfoam. Oceanfoam may not even be aware that a third party has linked to the Site.

Disclaimer of Warranties.

OCEANFOAM AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES PROVIDE THIS SITE, THE SERVICES, AND ANY GOODS PROVIDED IN CONNECTION THEREWITH WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

OCEANFOAM AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES DO NOT WARRANT THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR SERVICES INCLUDED ON THIS SITE OR PROVIDED AS PART OF THE SERVICES, OR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, OCEANFOAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OCEANFOAM DOES NOT WARRANT THAT THIS SITE, THE SERVICES, OR OCEANFOAM’S SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL OCEANFOAM OR ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THESE TERMS OF USE, THE SITE, ANY GOODS PURCHASED FROM THE SITE, OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.

SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THUS, THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Indemnification. You agree to indemnify, hold harmless and defend Oceanfoam, its affiliates, shareholders, directors, officers, employees, successors, assigns, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of, or relating to: (i) these Terms of Use; (ii) your use of this Site, any goods purchased from the Site, or your use of the Services; and (iii) any prohibited use of the Site or Services.

Termination. These Terms of Use are effective upon your acceptance as set forth herein and shall continue in full force until terminated. Oceanfoam reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Site or the Services; (ii) suspend your access to or use of all or any portion of the Site or the Services; and (iii) terminate these Terms of Use and your access to the Site and Services. Sections 2–13, and any other provision that by its nature is intended to survive termination, shall survive termination for any reason.

User Submissions. If you submit information or content to Oceanfoam, with or without a request from us, including, without exclusion, comments, content, creative ideas, suggestions, plans, or other materials, whether online, by email, or otherwise (collectively, “Comments”), you agree that we may, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments. We are and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s rights or these Terms of Use.

Miscellaneous.

a. Waiver; Severability. No waiver of any term, provision, or condition of these Terms of Use, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition. No waiver shall be binding unless executed in writing by the party making the waiver. If any provision of these Terms of Use is determined to be illegal or unenforceable, then such provision shall be construed by modifying it to the minimum extent necessary to make it enforceable, unless such modification is not permitted by law, in which case that provision is to be disregarded and the other provisions will remain fully effective and enforceable.

b. Law; Forum. These Terms of Use shall be governed and construed by the laws of the State of Minnesota without reference to its conflicts of laws principles. If you access this Site or the Services from locations outside Minnesota or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Minnesota and you are solely responsible for compliance with all local laws.

c. Forum. All actions, claims or disputes arising under or relating to Terms of Use, the Site, the Services, or any goods or services purchased or acquired from the Site shall be brought in the federal or state courts located in Hennepin County, Minnesota. You irrevocably submit and consent to the venue in and the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Hennepin County, Minnesota and waive any objection you might otherwise have with respect to the exercise of such jurisdiction.