TERMS & CONDITIONS

Effective date: April 2026

This website is operated by Foam Theory, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Foam Theory. Foam Theory offers this website, including all information, tools, and services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you may not access the website or use our Services.

We reserve the right to update or modify these Terms at any time. Continued use of the site constitutes acceptance of those changes. Our store is hosted on Shopify Inc., which provides the e-commerce platform we use to sell our products and services.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given consent for any minor dependents to use this site.

You may not use our products or Services for any illegal or unauthorized purpose nor violate any laws in your jurisdiction. You must not transmit any worms, viruses, or destructive code. A breach or violation of any Terms will result in immediate termination of Services.

SECTION 2 – GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transferred unencrypted over networks and adapted to technical requirements. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission.

SECTION 3 – PRODUCTS AND AVAILABILITY 

All products are subject to availability. We may limit quantities, discontinue products, or change pricing at any time without notice. We make every effort to display product colors and images accurately, but we cannot guarantee your device display will reflect exact product appearance. We reserve the right to refuse or cancel any order at our discretion, including orders suspected of fraud, reselling, or abuse of promotions.

SECTION 4 – PRICING AND BILLING 

Prices are subject to change without notice. We reserve the right to refuse or cancel any order. We may limit or cancel quantities purchased per person, per household, or per order. You agree to provide current, complete, and accurate purchase and account information.

SECTION 5 – SHIPPING AND DELIVERY 

Shipping times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control. Risk of loss transfers to you upon delivery to the shipping carrier.

SECTION 6 – INTELLECTUAL PROPERTY

All content on this site, including text, graphics, logos, product designs, images, and software, is the property of Foam Theory or its content suppliers and is protected by intellectual property laws. Unauthorized use, reproduction, or distribution is strictly prohibited.

SECTION 7 – USER-GENERATED CONTENT

By submitting content (including reviews, photos, or videos), you grant Foam Theory a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, and display such content in any media.

You confirm you own or have rights to the content you submit.

SECTION 8 – THIRD-PARTY SERVICES

We may provide access to third-party tools or links. We are not responsible for their content or practices. Use of third-party services is at your own risk.

SECTION 9 – DISCLAIMER OF WARRANTIES

We do not guarantee that your use of our Service will be uninterrupted, timely, secure, or error-free. All products and Services are provided “as is” and “as available” without warranties of any kind.

SECTION 10 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Foam Theory shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the Service or products. Some jurisdictions do not allow limitation of liability, so our liability is limited to the maximum extent permitted by law.

SECTION 11 – INDEMNIFICATION

You agree to indemnify and hold harmless Foam Theory and its affiliates from any claims arising from your breach of these Terms or violation of any law or third-party rights.

SECTION 12 – PRIVACY

Your submission of personal information is governed by our Privacy Policy.

SECTION 13 – GOVERNING LAW

These Terms are governed by the laws of the State of Illinois. Any disputes shall be resolved in the courts of Cook County, Illinois.

SECTION 14 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to hello@foamtheoryswim.com