Terms of Service ​

Updated: 5/2/2023

​

Welcome, to foamfrat.com or a related family of website domains (the “Sites”). The Sites are comprised of various web pages operated by FOAMfrat, LLC. (“FOAMfrat”). The Sites are offered to you (“You” or the “User”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Sites constitutes your agreement to the Terms.

 

By using the Sites, you acknowledge that Your adherence to each provision of these Terms is critical for maintaining the safe, secure, inclusive, and educational atmosphere that FOAMfrat seeks to promote on the Sites, and You agree that Your violation of any of the Terms constitutes a material breach of these Terms. If you breach the Terms, FOAMfrat reserves the right to pursue all remedies allowed under law and equity, including but not limited to revoking your right to use the Sites. Please read these terms carefully, and keep a copy of them for your reference.

​

FOAMfrat operates E-Commerce and educational websites.

 

PRIVACY 

Your use of the Sites is subject to FOAMfrat’s Privacy Policy. Please review the most current Privacy Policy, which also governs the Sites and informs Users of FOAMfrat data collection, data retention, and data security practices. This policy is available for access in the footer of any of the Sites and uniformly applies to all sites maintained by FOAMfrat. 

​

USER ACCOUNT(S)

If You use any of the Sites, you are responsible for maintaining the confidentiality of the unique account (which is identified by your unique username and password) via which you may access the Sites (“User Account”) information (including your password) and for restricting access to your User Account, and You acknowledge and agree that You are responsible for all activities that occur using or relating to your User Account. Your User Account is unique to you and You will not assign or otherwise transfer your User Account to any other person or entity. You acknowledge and agree that FOAMfrat is not responsible for third party access to your User Account that results from theft or misappropriation of your User Account. FOAMfrat and its affiliates reserve the right to refuse or cancel Your service, terminate Your User Accounts, and/or remove or edit content in any of your posts, messages, or other content on the Sites provided by You, in FOAMfrat’s sole discretion.

 

USER OF SITE BY MINORS 

By using any of the Sites, You affirm that You are either: (1) at least 18 years of age (or an emancipated minor) and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, or (2) have express permission for Your use of the Sites by Your parent or legal guardian and Your parent or legal guardian has consent to these Terms on your behalf. If you are under 18, you may use the Sites only with the permission of a parent or guardian. In any case, You affirm that You are at least 13 years of age. If You are under 13 years of age, You may not use the Sites without the assistance of a parent or guardian. FOAMfrat does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. In the event that FOAMfrat does inadvertently collect any personal information of any person under the age of 13, FOAMfrat will return or delete such information upon notification or recognition that such information relates to a person under the age of 13.

​

Cancelation & Refund Policy:

We want all of our customers to be satisfied with their purchase of FOAMfrat Studio. If you are not completely satisfied with your course, we offer a refund under the following conditions:

• Refund: You may request a refund for your online course purchase within 5 days of the purchase date.

• Refund amount: If you are eligible for a refund, you will receive a full refund of the course fee paid.

• Exceptions: This refund policy does not apply to any courses that have been completed, certificates earned, or course materials downloaded.

• Timeframe for cancellations: You may cancel your subscription at any time. However, if you wish to avoid being charged for the next billing period, you must cancel before the renewal date. The renewal date is listed in your account dashboard and in the email notifications that we send to you.

• Fees: There are no fees associated with cancellations and refunds of FOAMfrat Studio. 

• Process for cancellations and refunds:  To cancel your subscription, you may do so by logging into your account dashboard and selecting the "cancel subscription" option. Alternatively, you may contact our customer support team at support@foamfrat.com and request to cancel your subscription. Once we receive your cancellation request, we will process it within 2 business days. It may take an additional 5-7 business days for the refund to appear on your credit card statement.

​

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES 

The Sites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of FOAMfrat. You acknowledge and agree that as between You and FOAMfrat, FOAMfrat is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FOAMfrat is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by FOAMfrat of the site or any association with its operators.

Certain services made available via the Sites are delivered by third-parties(“Approved Third-Parties”). By using any product, service, or functionality originating from the Sites, you hereby acknowledge and consent that FOAMfrat may share such information and data with any Approved Third-Parties with whom FOAMfrat has a contractual relationship to provide a requested product, service, or functionality.

Certain services delivered by Approved Third-Parties may include the ability to borrow money. We make those services available “as-is” and with no warranties. Before using those services, we recommend reviewing your rights under federal and state law, including at https://www.federalreserve.gov/supervisionreg/regzcg.htm and https://www.fdic.gov/regulations/laws/rules/6500-200.html.

​

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY 

Under this Agreement, You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites and associated content strictly in accordance with these Terms. As a condition of your use of the Sites, You represent and warrant to FOAMfrat that You will not use the Sites for any purpose that is unlawful and/or prohibited by these Terms. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

​

All content included as part of the Sites, such as text, graphics, logos, images, videos, educational structure, as well as the compilation thereof, and any software used on the Sites, is the property of FOAMfrat or its suppliers and protected by trademark, copyright, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FOAMfrat content is not for resale. Your use of the Sites does not entitle you to make any unauthorized use of any FOAMFrat content, and in particular, you will not reproduce, delete, or alter any proprietary marks, rights, or attribution notices in any content. You will use FOAMfrat content solely for your personal use and You will make no other use of the content without the express written permission of FOAMfrat. You agree that you do not acquire any ownership rights in any content of the Sites. FOAMfrat does not grant you any licenses, express or implied, to the intellectual property of FOAMfrat or our licensors except as expressly authorized by these Terms.

 

Screen capture of any kind (screenshots/images, or screen capture/video) is strictly prohibited. Any User who is found to have violated this term is subject to all applicable penalties under law and equity, including but not limited to, the immediate deactivation of their User account(s), forfeiture of access to any and all FOAMfrat websites including FOAMfrat Studio including any formerly purchased online courses hosted on the Sites without notice and without refund. In addition, Users who violate this term are subject to prosecution under U.S. and/or international copyright laws. This policy may be implemented at the sole discretion of FOAMfrat and may not be appealed.

​

USE OF COMMUNICATION SERVICES

The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable You to communicate with the public at large or with a group (collectively, “Communication Services”). You agree that You will use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

​

By way of a non-limiting example, You agree that when using a Communication Service, You will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

​

FOAMfrat has no obligation to monitor the Communication Services. However, FOAMfrat reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. FOAMfrat reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

​

FOAMfrat reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or remove any information or materials, in whole or in part, in FOAMfrat’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FOAMfrat does not control or endorse the content, messages, or information found in any Communication Service and, therefore, FOAMfrat specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

MATERIAL PROVIDED TO THE SITES 

FOAMfrat does not claim ownership of the materials you provide to the Sites (including feedback and suggestions) or post, upload, input or submit to the Sites or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting FOAMfrat, our affiliated companies, and sublicensees permission and a fully paid-up, irrevocable, worldwide, non-exclusive right to use your Submissions (including without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission) for any purpose, including but not limited to purposes in connection with the operation of FOAMfrat’s Internet businesses.

​

No fees will be paid with respect to the use of your Submission, as provided herein. FOAMfrat is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at FOAMfrat’s sole discretion.

​

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

INTERNATIONAL USERS 

The Service is controlled, operated, and administered by FOAMfrat from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FOAMfrat Content accessed through the Sites in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

​

IDEMNIFICATION 

You agree to indemnify, defend and hold harmless FOAMfrat, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Sites or services, any user postings made by you, your violation of any terms of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FOAMfrat reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FOAMfrat in asserting any available defenses.

​

ARBITRATION 

In the event that the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

 

CLASS ACTION WAIVER 

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL’S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and FOAMfrat agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

​

LIABILITY DISCLAIMER 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FOAMFRAT, LLC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITES AT ANY TIME WITHOUT NOTICE.

​

FOAMFRAT, LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND.FOAMFRAT, LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

​

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOAMFRAT, LLC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FOAMFRAT, LLC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

TERMINATION/ACCESS RESTRICTION 

FOAMfrat reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice, and without refund of any monies paid for the services. To the maximum extent permitted by law, These Terms shall be governed and interpreted by the laws of the State of Wisconsin without regard to its conflicts of law provisions. Sole and exclusive jurisdiction and venue for any dispute concerning these Terms shall be in the federal or state courts located in the State of Wisconsin, and each party hereby submits to sole and exclusive personal jurisdiction in the State of Wisconsin for any such dispute and irrevocably waives any and all rights to object to such jurisdiction. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and FOAMfrat as a result of these Terms or use of the Site. FOAMfrat’s performance of these Terms is subject to existing laws and legal processes, and nothing contained in these Terms is in derogation of FOAMfrat’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by FOAMfrat with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

​

Unless otherwise specified herein, these Terms constitute the entire agreement between the User and FOAMfrat with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and FOAMfrat with respect to the Sites. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.

 

CHANGES TO TERMS 

FOAMfrat reserves the right, in its sole discretion, to change the Terms under which the Sites are offered without notice. The most current version of the Terms will supersede all previous versions. FOAMfrat encourages you to periodically review the Terms to stay informed of our updates.

​

CONTACT US 

FOAMfrat welcomes your questions or comments regarding the Terms:
FOAMfrat, LLC
651 Valley Rd

Suite 1536

Hockessin, DE 19707

Email Address: support@foamfrat.com
Telephone number: 888-668-1886

 

CAPCE STATEMENT 

As a requirement of the Commission on Accreditation for Prehospital Continuing Education (hereafter known as “CAPCE”) accreditation, FOAMfrat will submit a record of your course completions to the CAPCE Accreditation Management System (hereafter known as “AMS”). Your course completion records may be accessed by or shared with such regulators as state EMS offices, training officers, and NREMT on a password-protected need-to-know basis. In addition, I understand that I may review my record of CAPCE-accredited course completions by contacting CAPCE.

​

Emergency Nurses Association (ENA®) Statement

This nursing professional development activity was approved by the Emergency Nurses Association, an accredited approver by the American Nurses Credentialing Center’s Commission on Accreditation.

Activity Number: 220301-WI-1 Expiration: 4/22/2023

Activity Number: 220801-WI-1 Expiration: 7/31/2023

Activity Number: 220901-WI-11 Expiration: 9/1/2023

Activity Number: 220901-WI-1B Expiration: 9/1/2023

Activity Number: 220901-WI-1CExpiration: 9/1/2023

Activity Number: 220901-WI-1D Expiration: 9/1/2023

Activity Number: 220901-WI-1E Expiration: 9/1/2023

 

CONFLICT AND DISCLOSURES STATEMENT 

The planners and presenters of this activity have no relevant financial relationships with ineligible companies.