PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING OR ACCESSING THIS SITE OR USING THE SERVICES THEREIN, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.
Last updated: April 4, 2016
Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site and/or Services.
The Site is Not Intended for Minors
This Site is generally not intended for anyone under the age of 18. If you are under the age of 18 and have reached this Site, please leave the Site immediately.
Your Access and Use of the Site and/or Services
Your access and use of the Site and/or Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or Services or other actions that Plymouth Foam, in its sole discretion, may elect to take. Plymouth Foam reserves the right to suspend or discontinue the availability of the Site or Services and/or any portion or feature of the Site or Services at any time in its sole discretion and without prior notice.
You understand and agree that you have no interest, monetary or otherwise, in any feature or content contained in the Site or Services, including without limitation, posted User Generated Content (defined below), in the real world without Plymouth Foam’s express written consent.
Additionally, you may not:
(a) Modify, adapt, reverse engineer or decompile software for the Site or Services (“Software”), or otherwise attempt to derive source code;
(b) Create any copies or derivative works regarding the Site, Software or Services;
(c) Use maillist, listserv, an auto-repsonder or spam on the Site, Software or Services or that otherwise interfere with the proper working of the Site, Software or Services;
(d) Record, process or mine information about other users;
(e) Attempt to gain unauthorized access to the Site, Services, Software, computer systems or networks connected to the same;
(f) Use the Site or Services to violate the security of any computer network, disrupt or interfere with the security of, or otherwise cause harm to the Site, Software or Services;
(g) Crawl, scrape, index or spider any page or portion of the Site, Software or Services; or
(h) Otherwise use the Site, Software or the Services except as expressly provided in this Agreement.
Your Access and Use of Services on the Site
You Must Notify Plymouth Foam of a Breach. You agree to immediately notify Plymouth Foam of any violation of this Agreement or any breach of security known to you in connection with any Service available on the Site or through the Services by sending an email to email@example.com. Plymouth Foam has the right to refuse your use of the Site, Software and/or Service for any reason, including for violations of this or any other agreement with Plymouth Foam.
You Are Responsible for Your Decisions. Plymouth Foam and its affiliates, through the Site and/or Services, may provide a venue or links through which you can obtain information and you can find third-party products and/or services from service providers, advertisers, business partners, affiliates and other third parties (collectively “Service Providers”). Plymouth Foam does not endorse or recommend the products or services of any Service Provider and is not an agent or advisor to you or any Service Provider. Plymouth Foam does not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services and/or products that they may provide to you and that Plymouth Foam shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services. You acknowledge and agree that you rely on your own judgment in selecting any products or services offered by Service Providers.
No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. Plymouth Foam does not guarantee or make any warranties or representations regarding any pricing, quotes, fees, terms, rates, discounts, specials, coverage or services offered or made available through the Site or Services or by Service Providers or that such are the best terms or lowest rates available.
Fees and Payments
Access to and use of the Site and Services is currently free for all users. However, at any time, Plymouth Foam may choose to charge for access to the Site or Services and Plymouth Foam will notify you of those charges at the time that Plymouth Foam offers the same for a fee. Plymouth Foam may, in its sole discretion, and by notifying you on the Site or through the Services, of such a change to this policy and begin charging for access to the Site and/or Services, and Plymouth Foam may, in its sole discretion, add, remove or change the features and Services Plymouth Foam offers or the fees (including the amount and type of fees) Plymouth Foam charges at any time. If Plymouth Foam introduces a new service or charges a new fee, Plymouth Foam will post a reasonable notification of the fees for that service at the launch of the service or the start of charging a new fee. Upon the posting of such a notification, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable Site and/or Services.
Transmissions, Submissions and Postings to the Site
You will remain the owner of the User Generated Content you post and are responsible for the User Generated Content you have posted.
For all User Generated Content you post, you represent and warrant that (i) you have the right to post the User Generated Content, (ii) neither Plymouth Foam’s nor any third party’s rights, laws, statutes, ordinances or regulations, e.g. COPPA, CalOPPA, etc., will be violated by such posting, (iii) you are not being compensated for the posting; and (iv) the User Generated Content (a) is not harmful, trade libelous, fraudulent, threatening, abusive, harassing, defamatory, vulgar, pornographic, obscene, explicit or vulgar, libelous, or otherwise injurious, objectionable or offensive or that infringes on any third party’s rights of publicity or privacy, (b) does not make the security of the Site, Software and/or Services vulnerable in any way, (c) does not contain any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (d) does not contain or constitute chain letters, mass mailings, political campaigning, or any form of “spam,” (e) does not contain information that is false, inaccurate or misleading and (f) does not include or constitute commercial advertisements or solicitations. You acknowledge that Plymouth Foam and its designees shall have the right (but not the obligation) in their sole discretion to refuse, review, edit, disassociate or remove any User Generated Content or material that is available through the Site, Software and/or Services.
By posting User Generated Content, you grant Plymouth Foam an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully-paid, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Generated Content for any purpose, commercial, advertising, or otherwise, on or in connection with Plymouth Foam, the Site and Services, or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Generated Content, and to grant and authorize sublicenses of the foregoing. You also hereby grant each user of the Site and/or Services a worldwide, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, publicly perform, publicly display, host, reformat, edit, translate, excerpt (in whole or in part) any User Generated Content submitted by you during each such user’s use of the Site and/or Services.
You acknowledge that your User Generated Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Plymouth Foam or our initiatives (collectively “Ideas”). With respect to Ideas you acknowledge that: (a) Plymouth Foam receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Plymouth Foam’s review of the Ideas is not an admission of novelty, priority or originality; and (b) Plymouth Foam’s use of any similar Ideas, whether based on User Generated Content, provided to Plymouth Foam by you or third parties, or independently developed or considered by Plymouth Foam, shall be without obligation to you.
You irrevocably waive any and all claims and assertions of moral rights or attribution with respect to User Generated Content as against Plymouth Foam.
Plymouth Foam’s Intellectual Property Rights
The content in the Site, Software and Services, except your User Generated Content, to the extent any exists, including without limitation, the patents, trademarks, copyrights, text, software, graphics, scripts, photos, music, videos, photographs, images, screen shots, downloadable files, product and program names, the compilation of the forgoing and the like (“Content”), is owned by or licensed to Plymouth Foam and is subject to patent, trademark, copyright and other intellectual property laws of the United States and foreign countries.
Content in the Site, Software and Services is provided for your personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Plymouth Foam, which permission may be withheld in Plymouth Foam’s sole discretion. Plymouth Foam reserves all rights not expressly granted in and to the Site, Software, Services and Content. Plymouth Foam makes no claim to any third-party names, trademarks or service marks appearing on the Site or through the Services. Any third-party names, trademarks, and service marks are property of their respective owners.
You shall be solely responsible for any damage resulting from your infringement of Plymouth Foam’s or any third party’s intellectual property rights regarding the Content, and/or any other harm incurred by Plymouth Foam or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
Plymouth Foam grants you a limited, non-exclusive, non-transferable, non-sublicensable license to make personal use of the Content; provided, however, that you shall not delete any proprietary notices. You may not modify the Content or utilize it for any commercial purpose or any other public display, distribution, performance, sale, or rental, and may not decompile, reverse engineer, or disassemble the Content, or transfer or distribute the Content to another person.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than as expressly permitted by this Agreement, is permitted by you without the express prior written permission of Plymouth Foam, which permission may be withheld in Plymouth Foam’s sole discretion.
You may not use any meta tags or any other “hidden text” utilizing Plymouth Foam’s name or trademarks without the express written permission of Plymouth Foam, which permission may be withheld in Plymouth Foam’s sole discretion.
Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.
Your Use of the User Generated Content
You agree to only use so much of the User Generated Content or portions thereof, other than your own, as is necessary to utilize the Site and/or Services for their intended purposes.
Access and Interference
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site, Software or Services or any portion of the Site, Software or Services or for any other purpose, without Plymouth Foam’s express written permission, which may be withheld in Plymouth Foam’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in Plymouth Foam’s sole discretion an unreasonable or disproportionately large load on Plymouth Foam’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Content (except for your personal information) from the Site, Software or Services without the prior written permission of Plymouth Foam and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site, Software or Services or any activities conducted on the same; or (iv) bypass any robot exclusion headers or other measures Plymouth Foam may use to prevent or restrict access to the Site, Software or Services. Notwithstanding the foregoing, Plymouth Foam grants the operators of public search engines permission to use spiders to copy materials from the Site or Services for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the Site or Services, but not caches or archives of such materials. Plymouth Foam reserves the right to revoke these exceptions either generally or in specific cases. You shall not collect or harvest any personally identifiable information from the Site or Services. You shall not (i) use any communication systems provided on the Site or through the Services (e.g. reviews, third party social media, email, etc.) for any commercial or solicitation purposes or (ii) solicit for commercial purposes any users of the Site or Services without Plymouth Foam’s express, written permission, which permission may be withheld in Plymouth Foam’s sole discretion.
When you visit the Site, use the Services, send email to Plymouth Foam, Contact Us or Request a Quote, you are communicating with Plymouth Foam electronically. You consent to receive communications from Plymouth Foam, its affiliates and partners electronically and via any e-mail address, text message or other similar means you provide to Plymouth Foam or through the Site or Services for any purposes. Plymouth Foam may communicate with you by e-mail or by posting notices on the Site or through the Services. You agree that all agreements, notices, disclosures and other communications that Plymouth Foam electronically provides to you satisfy any legal requirement that such communications be in writing. You also agree to accept such messages and at any applicable network access, data usage or similar fees.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment, software (including a web browser) or services needed to access and use the Site and/or Services and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site or Services. Plymouth Foam will endeavor to make the Site and Services accessible on the most common web browsers and the current version of such web browsers and some common devices, but makes no representations or warranties on the same.
If Plymouth Foam provides aspects of the Site or Services available for your mobile or other device, please be aware that your carrier’s normal rates and fees may apply and that the terms of this Agreement and other agreements to your use of such mobile application. Portions of the Site and/or select Services may not be available through select mobile devices or may appear differently than on a desktop computer.
Plymouth Foam respects the intellectual property rights of others. It is Plymouth Foam’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws.
When reporting infringing material to Plymouth Foam (“DMCA Notice”) please provide:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Plymouth Foam to locate the material;
(d) information reasonably sufficient to permit Plymouth Foam to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receiving a complete DMCA Notice, Plymouth Foam will
(a) take reasonable steps promptly to notify the poster of the allegedly infringing material (“Poster”) that Plymouth Foam has removed or disabled access to the allegedly infringing material
(b) upon receipt of a counter notification described below, promptly provide the person who provided the notification with a copy of the counter notification, and inform that person that Plymouth Foam will replace the removed material or cease disabling access to it in ten (10) business days; and
(c) replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the counter notice, unless Plymouth Foam’s designated agent (identified below) first receives notice from the person who submitted the notification that such person has filed an action seeking a court order to restrain the Poster from engaging in infringing activity relating to the material on the Site or through the Services.
A counter notification must include:
(a) a physical or electronic signature of the Poster;
(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement under penalty of perjury that the Poster has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) the Poster’s name, address, and telephone number, and a statement that the Poster consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Poster’s address is outside of the United States, for any judicial district in which Plymouth Foam may be found, and that the Poster will accept service of process from the person who provided notification or an agent of such person.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), Plymouth Foam’s designated agent to receive notices and counter notices of claimed infringement is:
Attention: DMCA Notice
Plymouth Foam, Incorporated
1800 Sunset Drive
Plymouth, Wisconsin 53073
Facsimile number of designated agent: 920.892.3037
Email address of designated agent: firstname.lastname@example.org
If you wish report infringing materials other than for copyright infringement, please provide as much of the above information as possible. Although Plymouth Foam reserves the right to remove any material that it believes in good faith to be infringing material that is used without authorization by any user of the Site and/or Services, we do not obligate ourselves to do so except in accordance with the Digital Millennium Copyright Act.
This Agreement is effective until terminated. You may terminate this Agreement by stopping all use of the Site and/or Services and providing notice of termination to email@example.com. Plymouth Foam may terminate this Agreement with or without notice and/or may delete or dissociate any User Generated Content from you.
Patches and Updates
Plymouth Foam may apply patches, updates and modifications to its Site and/or Services at any time (each an “Update”), and features may change after the application of an Update. Plymouth Foam may change, modify, suspend, or discontinue any aspect of any feature or Service at any time. Plymouth Foam may also impose limits on certain features or restrict your access to parts or all of the Site, Software and/or Services without notice or liability. Plymouth Foam makes no representation that a feature, the Site, Software and/or Services will work on a particular web browser, version of a web browser or device.
Plymouth Foam Makes No Representations or Warranties Regarding the Content
THE SITE AND SERVICE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN OR PROVIDED THERE THROUGH, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DELAYS, ERRORS AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, SITE, SOFTWARE AND THE INFORMATION RECEIVED THROUGH THEM. FURTHER, PLYMOUTH FOAM MAKES NO REPRESENTATIONS WHATSOEVER ABOUT OTHER WEBSITES WHICH YOU MAY ACCESS THROUGH THE SITE OR THE CONTENT, SERVICES OR PRODUCTS CONTAINED THEREIN OR OBTAINED THERE THROUGH.
PLYMOUTH FOAM FURTHER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, (i) REGARDING THE QUALITY, VALIDITY, CORRECTNESS, ACCURACY OR COMPLETENESS OF THE SITE, CONTENT, SERVICES, PRODUCTS AND MATERIALS ASSOCIATED WITH THE SAME, (ii) THAT THE FUNCTIONS CONTAINED ON THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS OR INACCURACIES WILL BE CORRECTED, OR (iii) REGARDING THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SITE, SERVICES AND PRODUCTS. PLYMOUTH FOAM MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM THE SITE OR THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. PLYMOUTH FOAM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES, OFFERS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE.
PLYMOUTH FOAM MAY MAKE CHANGES TO THE CONTENT OR MATERIALS, OR TO THE PRODUCTS, SERVICES, SPECIFICATIONS OR PRICES DESCRIBED ON THE SITE, AT ANY TIME WITHOUT NOTICE. THE CONTENT AND MATERIALS MAY BE OUT OF DATE, AND PLYMOUTH FOAM MAKES NO COMMITMENT TO UPDATE THE CONTENT OR MATERIALS AT ITS SERVICES AND/OR SITE OR TO MAKE ANY NOTIFICATION OF CHANGES. INFORMATION PUBLISHED AT THE SITE OR IN CONNECTION WITH THE SERVICES MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE. YOU HEREBY RELEASE PLYMOUTH FOAM FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO A DISPUTE BETWEEN YOU AND ANOTHER USER.
CALIFORNIA RESIDENTS HEREBY SHALL AND DO WAIVE CALIFORNIA CIVIL CODE 1542, WHICH PROVIDES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SITE IS CONTROLLED AND OFFERED BY PLYMOUTH FOAM FROM PLYMOUTH FOAM’S FACILITIES IN THE UNITED STATES OF AMERICA. PLYMOUTH FOAM MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER JURISDICTIONS. IF YOU ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS, THEN YOU DO SO BY YOUR OWN VOLITION AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Limitations on Plymouth Foam’s Liability
PLYMOUTH FOAM SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR SITE OR ANY INFORMATION RECEIVED FROM THE SAME, INCLUDING THE CONTENT OR ANY INFORMATION CONTAINED WITHIN OR THROUGH THE SERVICES AND/OR SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (i) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (ii) YOUR ACCESS AND USE OF THE SITE OR SERVICES; (iii) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES FOR ANY REASON; (iv) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (v) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (vi) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PLYMOUTH FOAM AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES AND/OR SITE IS TO STOP USING THE SITE, SERVICE, AND THE INFORMATION OBTAINED THEREIN. NOTWITHSTANDING THE ABOVE, PLYMOUTH FOAM’S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT PLYMOUTH FOAM SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND PLYMOUTH FOAM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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.
Your Indemnification & Release of Plymouth Foam
You shall defend, indemnify and hold harmless Plymouth Foam and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current information requested or required by Plymouth Foam; (iii) your use of the Site or Services; (iv) your transmissions, submissions or postings (e.g., your own User Generated Content); (v) any personal injury or property damage caused by you.
Upon learning of any claim, action or proceeding, Plymouth Foam will undertake to promptly notify you. Plymouth Foam reserves the right to take over the exclusive defense and control of any matter for which you would be required to indemnify Plymouth Foam and you agree to cooperate with such defense. You agree not to settle any such matter without the prior written consent of Plymouth Foam.
You release Plymouth Foam (and its officers, agents, directors, subsidiaries, and employees) from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way related with any dispute between you and one or more users.
Amendments of this Agreement
Plymouth Foam reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon Plymouth Foam posting the updated Agreement on the Site or through the Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access or use of the Site or Services following the posting of any such changes shall automatically be deemed your acceptance of all changes. If you do not agree to the revised version of this Agreement, you will not be permitted to continue use of the Site and Services. If at any time you become no longer able to comply with the terms of the current version of this Agreement, you must terminate this Agreement and immediately stop using the Site and Services.
Plymouth Foam’s Remedies
You acknowledge that Plymouth Foam may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Plymouth Foam shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach may be brought where you reside or in the courts of Sheboygan County, Wisconsin, or the United States District Court, Eastern District of Wisconsin, Milwaukee Division. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You agree that: (i) the Site and Services shall be deemed solely based in the State of Wisconsin; and (ii) the Site shall be deemed a passive site that does not give rise to personal jurisdiction over Plymouth Foam, its affiliates and assigns, either specific or general, in jurisdictions other than the State of Wisconsin. This Agreement and the relationship between you and Plymouth Foam is to be governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be brought in the courts of Sheboygan County, Wisconsin, or the United States District Court, Eastern District of Wisconsin, Milwaukee Division and you agree to the exclusive jurisdiction and forum of the same. Plymouth Foam’s failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement that by their nature should survive, as may be amended by Plymouth Foam from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or the Site or Services, please contact Plymouth Foam via any of the methods set forth below:
- Via telephone: (920) 892.3137
- Via fax: (920) 892.3037
Plymouth Foam Incorporated
1800 Sunset Drive
Plymouth, Wisconsin 53073
- Via email: firstname.lastname@example.org