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Terms of Use

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Amended as of April 16, 2010

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY.

The following 'Terms of Use Agreement' ("Agreement") govern use of http://www.newenglandfoam.com website (the "Site") which is operated & maintained by New England Foam Products, LLC ("NEFP," "we," "us" or "our"). This Agreement also incorporates by reference the terms of NEFP's privacy policy. All users of this Site agree that their access to & use of this Site is subject to the terms & conditions set forth in this Agreement & all applicable laws, & that any such access or use is undertaken at the user's own risk. NEFP reserves the right, in its discretion, to change or modify this Agreement from time to time & at any time by posting such new terms on the Site. All such changes to this Agreement will be effective immediately upon posting by NEFP. Your use of the Site will constitute your binding acceptance of this Agreement, amended from time to time.

IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN PLEASE DO NOT USE THIS SITE.

The Site is maintained for your convenient access to information about NEFP, its products & services, as well as industry links, news & educational links in the flexible foam fabrication industry. In addition, in certain instances, users with account information can order products online.

IF AT ANY TIME THE TERMS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SITE.

All content, images, graphics, code & software, photographs, audio & video clips, scripts, links, interactive features & other material (collectively, the "Content") used on or incorporated into this Site, & the arrangement or integration of all such Content, are either registered trademarks, trademarks, trade names, service marks or otherwise protected property of NEFP, or licensed to NEFP & all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on the Site may not be used, copied or imitated without our prior written consent in each instance. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Permission is granted to electronically copy & print hard copies of pages from this Site solely for your own personal, non-commercial use, provided that you maintain all copyright & other notices contained on such Content. If you have any question as to whether we own certain Content contained on our Site, do not download or copy it without first contacting us (e.g., Content that appears to have been uploaded by a third party should not be copied or downloaded by you). You may not copy, use, download, modify, publish, transmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent &/or copyright. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos or other Content from this Site is strictly prohibited.

This Site may contain typographical errors or inaccuracies & may not be complete or current. NEFP therefore reserves the right to correct any errors, inaccuracies or omissions & to change or update information at any time without prior notice. We apologize for any inconvenience.

The Site may contain links to websites that are unrelated to us & are owned & operated by third parties (the "third-party sites"). NEFP does not make any representations or warranties about any third-party sites you may access through this Site. These links are provided solely as a convenience to you & do not constitute an endorsement by NEFP or imply that NEFP sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third-party sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. You need to make your own independent decisions regarding your interactions or communications with any other website.

NEFP specifically prohibits, & by your use of the Site, you expressly agree not to engage in, the following conduct: the deletion or alteration of any Content posted on our Site by NEFP or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on our Site infrastructure; & using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations.

Copyright/Intellectual Property Policy

NEFP respects the intellectual property of others, & we ask our users to do the same. NEFP may, in appropriate circumstances & at its discretion, disable &/or terminate accounts of users who may be infringing the intellectual property rights of others; however, NEFP has no responsibility for content on other websites that you may find or access when using NEFP's products or services. Copyright & the intellectual property laws of the United States &/or other countries may protect material available on or through other websites. The terms of use of those websites, & not the terms & conditions of this Agreement, govern your use of that material.

It is NEFP's policy, in appropriate circumstances & at its discretion, to disable &/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of NEFP &/or others.

Notice for Claims of Intellectual Property Violations & Agent for Notice

If you believe in good faith that any material on our Site infringes on your copyright, you (or your agent) may send us a notice requesting that we remove or block access to the infringing material that includes the following information:

1. an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

2. identification of the copyrighted work or other intellectual property that you claim has been infringed upon;

3. a description of where the material that you claim is infringing is located on the newenglandfoam.com Site, with sufficient detail that we may find it on the Site;

4. your address, telephone number, & email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

6. information, if possible, sufficient to permit NEFP to notify the owner/administrator of the allegedly infringing webpage or other content; &

7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate & that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the "DMCA") permits you to send us a counter-notice. Notices & counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices & counter-notices should be sent to our Copyright Agent:

By mail: New England Foam Products, LLC, 760 Windsor St., Hartford, CT 06120 Attn: Nicholas E. Elia

By phone: 860.524.0121 By fax: 860.522.5830 Attn: Nicholas E. Elia

By email: support@newenglandfoam.com

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Permissions

If you are seeking permission to use NEFP trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact the support department, not the copyright agent.

Registration Obligations

You need not register in order to use our Site.

If applicable, NEFP will establish specific rules & terms for participation in each contest, sweepstakes &/or special event & will post this information on our Site. We will not knowingly collect personal information from visitors under thirteen (13) years of age for activities on our Site without the consent of that individual's parent or guardian. Upon discovery of the participation of a person under thirteen (13) years of age in such activities, his or her registration or participation will be canceled immediately & all personal information will be deleted from our files.

Termination

We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time for any reason without prior notice or liability. We may change, suspend, discontinue or disable all or any aspect of our Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Disclaimer

You agree that your use & browsing of our Site is at your own risk. If you are dissatisfied with the Site or any Content, or with any of the terms & conditions of this Agreement, your sole & exclusive remedy is to discontinue accessing & using the Site.

NEFP DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES NEFP WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, THE SITE & ALL OF THE CONTENT & INFORMATION ON THE SITE ARE PROVIDED TO YOU "AS IS" & "AS AVAILABLE." NEITHER WE, NOR OUR AFFILIATES, SUBSIDIARIES &/OR RELATED ENTITIES, THIRD PARTY CONTENT PROVIDERS & OUR & THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS & ASSIGNS WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, & EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY & PERFORMANCE OF THE SITE ARE ASSUMED SOLELY BY YOU.

Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply.

ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, NEFP CANNOT & DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER NEFP, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS & ASSIGNS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE; (IV) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, RESUMÉ OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; OR (V) FROM ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF NEFP OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL NEFP, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF NEFP, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS & PRIVACY POLICIES, IF ANY, OF THE PARTICULAR WEBSITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, & PROMOTIONAL PARTNERS. NEFP, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS & ASSIGNS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER WEBSITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING OUR SITE.

You specifically acknowledge & agree that NEFP & its officers, directors, employees, agents, contractors, successors & assigns are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while NEFP intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, we do not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses, robots, spiders or other destructive materials & we shall not be liable for any such destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Content from the Site.

We will not be responsible for delays or failures in performing any obligations under the terms of this Agreement, whether or not due to any cause beyond our reasonable control.

Liability

You acknowledge & agree that you are solely responsible for the form, content & accuracy of any registration information or Submission submitted by you on the Site. NEFP is not to be considered an employer with respect to your use of or your Submission on the Site. NEFP cannot guarantee & does not promise any specific results from use of newenglandfoam.com. No advice or information, whether oral or written, obtained by a member from NEFP or through or from newenglandfoam.com shall create any warranty not expressly stated herein.

Indemnity

You agree to defend, indemnify, & hold harmless NEFP, its subsidiaries, affiliates, & their respective officers, directors, employees & agents, from & against any claims, actions or demands, including without limitation reasonable legal & accounting fees, alleging or resulting from (i) any Submissions you submit, transmit or otherwise make available through the Site, (ii) your use of the Site, or (iii) your breach of the terms of this Agreement.

Restrictions on Use of Material

Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, &, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site. Only if you obtain prior written consent from us -- & from all other entities with an interest in the relevant intellectual property – (in each instance) may you publish, display or commercially exploit any material from the Site. To seek our permission, you may write to us at the address provided below. If permission is granted by NEFP & by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing & for the avoidance of doubt, you must abide by all additional copyright notices & other restrictions contained on the Site.

Unsolicited Materials

Although comments & questions are welcome & Submissions are expected & encouraged, in operating this site, NEFP does not solicit nor does it wish to receive any confidential, proprietary or trade secret information or other material from you through this Site or NEFP mail & email addresses, or in any other way (excluding Submissions). Please note that any information, materials, suggestions, ideas or comments (collectively, the "Unsolicited Materials") sent to NEFP will be deemed non-confidential. By submitting or sending any such Unsolicited Materials to us, you represent & warrant that the information is original to you & that no other party has any rights to the Unsolicited Materials. Accordingly, any Unsolicited Material will become & remain the property of NEFP. For the avoidance of doubt, Submissions made through the Site are not Unsolicited Materials.

User's Grant of Limited License

By communicating with NEFP, including submitting or sending Unsolicited Materials or other information or material to the Site, you grant NEFP the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive & fully sub-licensable right & license to use, post, copy, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate & create derivative works from such Unsolicited Materials (in whole or part) & otherwise exploit the Unsolicited Materials, including any information, suggestions, ideas, drawings or concepts contained in such Unsolicited Materials, worldwide &/or to incorporate it in other works in any form, media, or technology now known or later developed, with or without attribution to you. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to NEFP. You represent & warrant that by submitting the Unsolicited Materials you agree to waive any "moral rights" you may have in the Unsolicited Materials.

For the avoidance of doubt, you irrevocably grant to us the royalty-free, unrestricted, world-wide, perpetual, non-exclusive & fully sub-licensable right to exploit your image, photo, likeness, voice, performance, in whole or in part, & any other Unsolicited Materials you post on the Site or submit to us in connection with any & all publicity & advertising for & promotion of the Site & NEFP, & in connection with NEFP exercise of any other rights granted hereunder as NEFP determines in its sole discretion. You hereby release NEFP from & against any & all claims, damages or liabilities arising from or relating to the use of such Unsolicited Materials, image, photo, likeness, voice & performance as set forth in this Agreement.

LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEFP, OUR AFFILIATES, SUBSIDIARIES &/OR RELATED ENTITIES, & ANY THIRD PARTY CONTENT PROVIDERS, & OUR & THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS & ASSIGNS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGE IS CAUSED & WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE, OUR AFFILIATES, SUBSIDIARIES &/OR RELATED ENTITIES, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS & ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY & ALL LIABILITIES & COSTS & EXPENSES (INCLUDING ATTORNEYS' FEES & EXPENSES) ARISING FROM ANY & ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION" INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, &/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE & AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES & EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.

Governing Law

The terms of this Agreement shall be construed in accordance with the internal laws of the State of Connecticut without regard to its conflict of laws, & you & we irrevocably consent, in connection with any action to enforce this Agreement, to the jurisdiction of the federal & state courts located in Hartford, Connecticut. For more information on Customer Service Policies call 860.524.0121 during normal business hours.

 
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