Contact Us

Please see our Contact Us page for different ways you can get ahold of us for help with any questions you may have.



Free Shipping Offer

For the benefit of our customers, Foam Factory, Inc. offers free shipping on any pre-tax order totaling $75.00 or more, via FedEx Ground. This shipping offer applies to all states within the contiguous United States, excluding Hawaii, Alaska, Puerto Rico, and other international destinations. For all orders less than $75.00, a flat rate of $12.99 (FedEx) or $24.99 (UPS) is applied. This flat rate only applies to orders within the contiguous United States, excluding Hawaii, Alaska, Puerto Rico, and other international destinations. Unfortunately, we do not offer flat-rate or free shipping through UPS on orders totaling $75.00 or more.

Given the nature of foam materials, orders routinely require multiple boxes to package an entire shipment. Foam Factory understands this and does not place a cap on the number of boxes required to ship a full order. Whether one box is required or 50, if the single order totals more than $75.00, it ships for free. Foam Factory ships to any location across the globe, so for rates outside of the contiguous United States ("the lower 48"), call or e-mail us for a shipping quote.

For any additional questions about our shipping policy please Contact Us.

To Qualify For Free FedEx Ground Shipping:
Place a pre-tax order totaling more than $75.00
Ship to an address within the contiguous US

To Qualify For $12.99 FedEx Flat Rate Shipping or $24.99 UPS Flat Rate Shipping:
Place a pre-tax order totaling less than $75.00
Ship to an address within the contiguous US

The shipping policy and listed rates apply exclusively to the shipping charge of a transaction. Certain products may carry an additional surcharge called an exemption charge that may be applied. An exemption charge is different than the shipping charge and does not make a product or order ineligible for free shipping. If a pre-tax order is placed that meets or exceeds the $75.00 threshold, the order will receive free shipping, though any exemption charges that may apply are still in effect.

Individual product pages state whether a product is subject to a potential exemption charge. If an exemption charge applies to your order, Foam Factory may contact you to verify the charge and confirm your order. This charge is in place for competitive reasons. However, even in situations where the charge is applied, Foam Factory still offers the lowest prices on these foam products online.

See the following example of the application of an exemption charge:

Two (2) 15" x 15" x 72" Shredded Memory Foam Bags priced at $44.99 apiece give you a pre-tax order of $89.98. Being greater than $75.00, this order qualifies for free shipping. As an item that carries a potential exemption charge, its product page states "NOTE: Product may be subject to a $15.00 exemption charge per bag shipped to the West Coast. This includes, but is not limited to: AZ, CA, CO, ID, MT, NM, NV, OR, TX, UT, WA, and WY. We may contact you if this surcharge applies to your order."

For the sake of the example, assume the charge will be applied. You may be contacted by Foam Factory notifying you of this fee before your order is processed and shipped. In this situation, the exemption charge is $15.00 per bag, which applies $30.00 to your two (2) bag order.

Order Breakdown:
Two (2) Shredded Memory Foam Bags: $89.98
Shipping on an order over $75.00 via FedEx Ground: FREE
Two (2) Bag Exemption Charge: $30.00
TOTAL: $119.98

Please feel free to Contact Us regarding any questions about this policy or affected products.

This shipping policy and listed rates apply exclusively to the website TheFoamFactory.com.


Price Match

If you find a competitor offering a product identical to one offered by Foam Factory at a lower price, we will match that price and beat it by an additional 10 percent!

To qualify for Foam Factory’s Price Match, the pre-tax gross cost of the item must be less than the pre-tax gross cost of the corresponding Foam Factory product. The product price AND its individual shipping cost form its gross cost. Price matching is done on an individual basis for each product, not as the gross total of an entire order that includes multiple products.

For price matching, Foam Factory will use $12.99 Flat Rate FedEx Ground Shipping for items under $75.00, and Free FedEx Ground Shipping for items over $75.00.

If a competitor’s product is listed for $5.00 with $30.00 shipping, and Foam Factory offers the same product at $15.00 with $12.99 shipping, the gross cost of the competitor’s product ($35.00) is greater than the gross cost of the Foam Factory product ($27.99). Foam Factory will not match the product price because the item’s true cost is made up for in the elevated shipping charge, resulting in a greater gross cost than Foam Factory, despite the lower product price. Buying from Foam Factory would still be saving you money.

If you find a product listed for $11.00 with $15.00 shipping and Foam Factory offers the same product at $15.00 with $12.99 shipping, the gross cost of the competing product ($26.00) is less than that of Foam Factory’s product ($27.99). Foam Factory WILL match the competitor’s gross cost in this case, as well as beat it by 10 percent for a pre-tax, cost of $23.40!

NOTE: Foam Factory only offers “Meet and Beat” pricing against other companies. Foam Factory will price match products found on other sites they own, but the individual shipping policy of that site must also be used in conjunction with the product’s listed cost. A 10 percent discount on a match is not offered for other sites owned by Foam Factory. Custom covers are exempt from price matching.

Please feel free to Contact Us with any questions about our price match guarantee!


Return Policy

You must have your receipt in order to make any warranty claims or returns. Your receipt is the packing slip that comes with your shipment. Products must be returned in factory condition and any changes to the factory condition of the product will void any warranty or return eligibility. This includes, but is not limited to: custom size, custom shape, custom configuration that is not standard to the website or book, trimming, tears, punctures, stains, and odors. The rules concerning returns are as follows:

Exclusively for Memory Foam Mattresses and Memory Foam Toppers

Return Guarantee:
The Return Guarantee for delivered orders starts from the product's shipping date, or invoice date for in-store pickups. Products must be returned in factory condition, and any changes to the factory condition of the product will void the Guarantee. This includes, but is not limited to: reshaping, trimming, tears, cracks, punctures, stains, and odors. If a product is shipped to a customer, and the return is shipped back to Foam Factory, the customer is responsible for the actual shipping costs, both to and from Foam Factory. If a product is shipped to a customer, and the return is made in-store at Foam Factory's facility, the customer is responsible for the initial actual shipping cost. If a product is purchased in-store, and the return is shipped back to Foam Factory, the customer is responsible for the cost of shipping to Foam Factory. If the product is purchased in-store, and the return is made in-store at Foam Factory's facility, the product is subject to a 25 percent restocking fee. Refer to the specific product page for length of Guarantee.

Warranty:
The Warranty exclusively covers an increase in body impressions of 1-1/2 inches or greater, starting from the product's shipping date, or invoice date for in-store pickups. After inspection and Foam Factory's acknowledgement of product failure, defective products may be returned for replacement or repair. If a product is shipped to a customer, and the return is shipped back to Foam Factory, the customer is responsible for the actual shipping costs, both to and from Foam Factory. If a product is shipped to a customer, and the return is made in-store at Foam Factory's facility, the customer is responsible for the initial actual shipping cost. If a product is purchased in-store, and the return is shipped back to Foam Factory, the customer is responsible for the cost of shipping to Foam Factory. Foam Factory reserves the right to replace or repair the product with similar materials of equal or greater value that may not be an exact match to the original. The Warranty only covers body impressions of 1-1/2 inches or greater. Issues the Warranty does not cover include, but are not limited to: normal softening, body impressions less than 1-1/2 inches, cracking, and/or splitting. The Warranty will be void if the product is found to have been physically abused, damaged, soiled, infested, resized, or reshaped in any way. Warranty claims must be made by the product's original purchaser. Refer to the specific product page for length of Warranty.

Warranty Impression Evaluation:
Foam Factory's Memory Foam Mattress/Topper Warranty covers an increase in body impressions of 1-1/2 inches or greater, respective to the duration of the product's individual warranty length. Due to the nature of foam products, we must allow them to expand to full size before inspection for possible body impressions.

If a mattress or topper is returned to our facility, we will place it on a flat surface for 24 hours, and then evaluate the presence or absence of a body impression 1-1/2 inches or greater.

Please contact us with any questions regarding the evaluation of body impression Warranty claims. The Warranty only covers body impressions of 1-1/2 inches or greater. Issues the Warranty does not cover include, but are not limited to: normal softening, body impressions less than 1-1/2 inches, cracking, and/or splitting.

Exclusively for Latex Mattresses and Toppers

Return Guarantee:
The Return Guarantee for delivered orders starts from the product's shipping date, or invoice date for in-store pickups. Products must be returned in factory condition, and any changes to the factory condition of the product will void the Guarantee. This includes, but is not limited to: reshaping, trimming, tears, cracks, punctures, stains, and odors. If a product is shipped to a customer, and the return is shipped back to Foam Factory, the customer is responsible for the actual shipping costs, both to and from Foam Factory. If a product is shipped to a customer, and the return is made in-store at Foam Factory's facility, the customer is responsible for the initial actual shipping cost. If a product is purchased in-store, and the return is shipped back to Foam Factory, the customer is responsible for the cost of shipping to Foam Factory. If the product is purchased in-store, and the return is made in-store at Foam Factory's facility, the product is subject to a 25 percent restocking fee. Please note that due to the manufacturing process, minor imperfections are normal and do not affect overall performance of the latex foam. Latex's pin-core perforations may fully extend through the product, or they may not. This is a normal result of the manufacturing process, and neither variation is to be considered a flaw or defective. Refer to the specific product page for length of Guarantee.

Warranty:
The Warranty exclusively covers an increase in body impressions of 1-1/2 inches or greater, starting from the product's shipping date, or invoice date for in-store pickups. After inspection and Foam Factory's acknowledgement of product failure, defective products may be returned for replacement or repair. If a product is shipped to a customer, and the return is shipped back to Foam Factory, the customer is responsible for the actual shipping costs, both to and from Foam Factory. If a product is shipped to a customer, and the return is made in-store at Foam Factory's facility, the customer is responsible for the initial actual shipping cost. If a product is purchased in-store, and the return is shipped back to Foam Factory, the customer is responsible for the cost of shipping to Foam Factory. Foam Factory reserves the right to replace or repair the product with similar materials of equal or greater value that may not be an exact match to the original. The Warranty only covers body impressions of 1-1/2 inches or greater. Issues the Warranty does not cover include, but are not limited to: normal softening, body impressions less than 1-1/2 inches, cracking, and/or splitting. The Warranty will be void if the product is found to have been physically abused, damaged, soiled, infested, resized, or reshaped in any way. Warranty claims must be made by the product's original purchaser. Please note that due to the manufacturing process, minor imperfections are normal and do not affect overall performance of the latex foam. Latex's pin-core perforations may fully extend through the product, or they may not. This is a normal result of the manufacturing process, and neither variation is to be considered a flaw or defective. Refer to the specific product page for length of Warranty.

Warranty Impression Evaluation:
Foam Factory's Latex Mattress/Topper Warranty covers an increase in body impressions of 1-1/2 inches or greater, respective to the duration of the product's individual warranty length. Due to the nature of foam products, we must allow them to expand to full size before inspection for possible body impressions.

If a mattress or topper is returned to our facility, we will place it on a flat surface for 24 hours, and then evaluate the presence or absence of a body impression 1-1/2 inches or greater.

Please contact us with any questions regarding the evaluation of body impression Warranty claims. The Warranty only covers body impressions of 1-1/2 inches or greater. Issues the Warranty does not cover include, but are not limited to: normal softening, body impressions less than 1-1/2 inches, cracking, and/or splitting.

For All Other Foam Products
Approved returns or exchanges must arrive at Foam Factory's facility within 21 calendar days of the shipping or pickup date, or the time frame specified by the particular guarantee or warranty of the product.

All other foam products may not be returned for any reason other than what is stated below:

Incorrect Order:
If you have received incorrect products in error, please contact us to return the order to Foam Factory so we may correct the mistake. Foam Factory will cover all ground shipping and handling charges. With all orders being unique, and many being customized, please contact us before making your return. It may only be necessary to return a single component rather than the whole order, saving you the hassle of repackaging the entire order, and allowing you to utilize the correct parts of the shipment while the situation is being rectified. The incorrect product must be placed in the mail before Foam Factory will issue an order correction. Products must be returned in factory condition.

Mistake in Size:
Please refer to our dimensional tolerance table listed below. If any product you order with specific dimensions is outside of the range specified, you may return the product, in factory condition, for a refund or exchange, and Foam Factory will cover all ground shipping and handling charges. Note that each tolerance is respective to an individual dimension of the product, not a total sum of all dimensions. Please contact us before making your return; it may only be necessary to return a single component rather than the whole order, saving you the hassle of repackaging the entire order, and allowing you to utilize the correct parts of the shipment while the situation is being rectified. The incorrect product must be placed in the mail before Foam Factory will issue an order correction.

NOTE: If an order correction is issued, Foam Factory will use standard FedEx Ground shipping.

Dimensional Tolerances
Mattresses
Product Length Width Thick​ness Weight
Standard Mattresses ± 1-1/2" ± 1-1/2" ± 1/2" x
Standard Mattress Toppers ± 1-1/2" ± 1-1/2" ± 1/2" x
Custom​-Cut Mattresses and Toppers ± 1-1/2" ± 1-1/2" ± 1/2" x
Standard/​Custom​-Cut Mattress Covers ± 1" ± 1" ± 1/2" x
Foam Bed Bridges ± 1" ± 1" ± 1" x
Seats, Cushions, and Comfort & Support
Product Length Width Thick​ness Weight
Custom​-Cut Cushions
(Less Than 6 sq. ft. Surface Area)​
± 1" ± 1" ± 1/2" x
Custom​-Cut Cushions
(Greater Than or Equal To 6 sq. ft.
Surface Area)​
± 1-1/2" ± 1-1/2" ± 1/2" x
Foam Sacks The bulge at the center of the product will be ±10% of the product's listed dimensions. The seam to seam measurement on the top of the Foam Sack will be up to 6" less than the listed size.
Poly Round Bolsters ± 2" ± 1" ± 1" x
All other Comfort & Support items ± 1" ± 1" ± 1" x
Pet Beds
Product Length Width Thick​ness Weight
Pet Beds ± 2" ± 2" ± 2" x
Acoustical Foam and Sound Barriers
Product Length Width Thick​ness Weight
Acoustic / Color Foam Sheets ± 2" ± 2" ± 1/4" x
Polyethylene Rolls -1" to +6" -1" to +2" ± 1/8" x
Neoprene Sheets -1" to +3" -1" to +3" ± 1/4" x
All other Acoustical Foam items ± 1" ± 1" ± 1/2" x
Packaging Foam
Product Length Width Thick​ness Weight
Pick and Pull Grid Foam, Eggcrate Lids, Solid Bases, Eggcrate Sets ± 1/2" ± 1/2" ± 1/4" x
Hand-Cut Custom Packaging & Parts
(Less Than 2 sq. ft. Surface Area)​*
± 1/2" ± 1/2" ± 1/4" x
Hand-Cut Custom Packaging & Parts
(Greater Than or Equal To 2 sq. ft.
Surface Area)​*
± 1-1/2" ± 1-1/2" ± 1/4" x
Machine​-Cut Custom Packaging & Parts​** ± 1/4" ± 1/4" ± 1/4" x
Polyethylene Profiles -1" to +6" ± 1/4" ± 1/4" x
All other Packaging Foam items ± 2" ± 2" ± 1/4" x
Open-Cell Foam
Product Length Width Thick​ness Weight
Standard Open-​Cell Sheets ± 2" ± 2" ± 1/4" x
Closed-Cell Foam
Product Length Width Thick​ness Weight
Standard Closed-​Cell Sheets -1" to +3" -1" to +3" ± 1/4" x
Standard Closed-​Cell Rolls -1" to +6" -1" to +2" ± 1/8" x
Standard Closed-​Cell Cylinders, Tubes, Profiles -1" to +6" ± 1/4" ± 1/4" x
Accessories
Product Length Width Thick​ness Weight
Shredded Memory Foam Bag (15LB) x x x 9LB​-25LB
Shredded Conventional Foam Bag (8LB) x x x 5LB​-12LB
Shredded Conventional Foam Bag (30LB) x x x 22LB​-38LB
Shredded Latex Foam Bag (10LB) x x x 7LB​-14LB
Remay/Fiberfill - Lineal Foot 3" Over 3" Over ± 1/4" x
Remay/Fiberfill - Full Roll 12" Over 3" Over ± 1/4" x
Scrap Foam Bags/Fiberfill Bags ± 2" ± 2" ± 1/4" x
Child Safety, Other Foam Products, Draft Stoppers, Door Stoppers, Foam Pit Cubes ± 1" ± 1" ± 1" x

*NOTE: Custom projects involving labor without a design fee are typically hand-cut.
**NOTE: Custom projects involving labor with a design fee are typically machine-cut.

Immediate Defects:
If your order is correct and within the acceptable size tolerance range, but contains an immediate factory defect, it must be returned as originally received, and be in Foam Factory’s possession within 21 calendar days of the product’s ship or pickup date to make a return or exchange. The customer is responsible for the actual shipping costs, both to and from Foam Factory.

Authorized Return:
If a return is authorized without Foam Factory being at fault, the product is subject to a 25 percent restocking fee, and the customer is responsible for the actual shipping costs, both to and from Foam Factory. For a return to be authorized, the product being returned must be in factory condition. Custom-cut products are non-returnable. Custom-cut products include, but are not limited to, custom-cut parts, custom-cut cushions, custom-cut mattresses, custom-cut covers, polyethylene roll by the foot, and polyethylene tubing by the foot.

Authorized Exchange:
If an exchange is authorized, the customer is responsible for the actual shipping costs, both to and from Foam Factory. For an exchange to be authorized, the product being returned must be in factory condition. Custom-cut products are non-exchangeable. Custom-cut products include, but are not limited to, custom-cut parts, custom-cut cushions, custom-cut mattresses, custom-cut covers, polyethylene roll by the foot, and polyethylene tubing by the foot.

Foam Scent:
Occasionally, brand-new foam products will carry a "factory-fresh" scent; a result of the close proximity with which bulk foam materials are stored and shipped before arriving at our facility. This is typically only present in new foam materials that have recently been manufactured into the product you ordered. In a sense, a foam scent when you first receive your order is a confirmation that you've received a brand-new, top-quality foam product, made to your specifications.

That factory-fresh scent dissipates in products over time, when given the opportunity to air out. Most people find the scent disappears somewhere within a two-week period, sometimes only after a day or two, while others never notice a scent at all. It is important to note that a foam product with a factory-fresh scent is not defective, damaged, or of inferior quality in any way. For this reason, a foam scent is not grounds for or eligible for an authorized exchange. As a factory-fresh scent is a result of normal manufacturing processes and not a defect or flaw, a standard product may be returned without Foam Factory being at fault as an authorized return. The product is subject to a 25 percent restocking fee, and the customer is responsible for the actual shipping costs, both to and from Foam Factory. For a return to be authorized, the product being returned must be in factory condition. Custom-cut products are not returnable or exchangeable.


Making a Return

IMPORTANT: All products must be accompanied by a receipt in order to make warranty claims or returns. Your receipt is the packing slip that comes with your shipment. Approved returns or exchanges must arrive at Foam Factory's facility within 21 calendar days of the shipping or pickup date, or the time frame specified by the particular guarantee or warranty of the product.

To make a return:

  1. Please Contact Us with your name, invoice number, date of invoice, and reason for return. Our customer service team will correspond with you to determine if your return is approved.
  2. Once approved, package the product(s) and ship them to our facility.
  3. Once your return has arrived at our facility, please allow 10 to 15 business days for your return to be processed.

Customer is responsible for shipping to and from Foam Factory in the following case:
Returning defective foam before its warranty ends. Please also note that some items may cost more than $100.00 to return.

Foam Factory does not offer expedited shipping, at our cost, for any reason.

NOTE: Foam Factory, Inc. is not responsible for lost or misdirected returns. For your protection, please insure all returns.


FAQs

The following are questions most commonly asked by our customers. If you do not find the answer to what you are looking for, please Contact Us.

Can I return a custom-cut foam order?
Due to the one-of-a-kind nature of custom-cut orders, they may not be returned or exchanged. See our Return Policy for issues involving incorrect orders, mistakes in size, or defects.

What is your privacy policy?
We will store all information except for payment information, such as credit card numbers. Any and all information stored by us will not be shared with other organizations for commercial purposes. Please visit our Privacy Notice page for more detailed information.

Is it safe to use my credit card on the website?
Our online credit card system allows you to enter your information directly into our bank. Your information is used only once. We never see your credit card number, and it is never stored in our computers.

How long does it take my foam to ship out?
Typical processing time for standard, in-stock orders is 3 to 5 business days. Typical processing time for non-stocked or custom orders is 5 to 10 business days.

Standard ground shipping typically takes about 5 to 6 business days, though depending on the shipment destination in proximity to Foam Factory, Inc., it may be less. We are located in Macomb, Michigan, in Metro Detroit. A tracking number will be emailed to you once it becomes available.

What forms of payment do you accept?
Foam Factory, Inc. accepts the following forms of payment for amounts under $1000.00: VISA, MasterCard, Discover Card, American Express, and PayPal. A signature will be required for transactions that exceed $750.00.

We do not accept payments via credit cards issued outside the U.S. because our fraud department will be unable to verify the billing information.

For all amounts (including those over $1000.00), payment can be arranged via check, wire transfer, or money order. Orders placed using one of these payment methods will not ship until the payment clears. Please Contact Us before placing your order if you wish to arrange payment by one of these methods.

Sorry, no cash on delivery (COD).

Do you charge sales tax?
Applicable sales tax will be applied to participating US states. The sales tax collected will be at the current rate of the state the order is being shipped to, and paid to the taxation authority in that state.

If your organization has been approved for tax exempt status in a state, please Contact Us to request a tax exemption form to be filled out and returned to us. These forms are required to be awarded a tax exemption on orders from our company. No other documentation is required. Once your tax exemption has been processed, orders placed through your customer account on this website will not be charged sales tax.

What is the difference between open-cell and closed-cell foam?
The structural difference between open-cell foam and closed-cell foam is that open-cell foam has the foam's cells open to each other. Closed-cell foam's cells are completely closed off from one another, like tiny bubbles.

Can my product be washed?
Foam products will not withstand machine washing. The material will either be damaged or destroyed. It may be possible to spot clean small stains or marks with gentle cleaning agents, but the product must be given ample time to dry. Foam Factory is not responsible for any damage resulting from an attempt to clean a foam product. Covers are suggested for any foam product, as they are easier to clean than the foam itself, and will also extend a product's life.

Products with non-removable covers are only able to be spot cleaned, since the interior foam cannot be laundered. Removable/zippered gray and white striped covers are dry clean only. Removable cotton or suede covers can be spot cleaned when necessary, but may also be machine washed on the gentle cycle in cold water, and hung to dry. Like the removable cotton or suede covers, our Poly-Cotton Knit and Terrycloth covers are machine washable, in cold water, on the gentle cycle. Hang to dry.

I notice that you have free shipping and handling. What locations does this cover?
The free shipping and handling offer is valid only to customers within the contiguous U.S. This excludes Hawaii, Alaska, Puerto Rico, and other international destinations. Please Contact Us for shipping to locations outside the US.


Terms / Disclaimer

IMPORTANT: Upon receipt of your package(s), it is vital to open them as soon as possible. Contents are tightly packaged for shipping purposes, and may experience deformation or damage if left unopened for more than 14 days.

Price, Shipping, & Availability changes: Prices, shipping, and availability are subject to change without prior notice. We reserve the right to make changes to our site, services, and/or products without notice. This may be due to market conditions, discontinuation of products, typographical, photographic, or technical errors on our website. If you have ordered a product that is subject to a price or shipping increase, we will hold your order and inform you of the increase before it ships.

Address Match: With regards to credit card orders, please be sure your bill to and ship to address matches what is on file with your credit card company. Invalid address information may delay your order.

Delayed/Late Shipments: Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. Foam Factory will not pay any forwarding costs on shipments.

Product Suggestions: Any suggestions made by Foam Factory and its employees regarding product suitability should be taken as such - a suggestion. Foam Factory and its employees will make a full effort to suggest the most appropriate product or products for a described application, but these suggestions should not be considered a guarantee of complete performance in a given application. Suggestions must be taken with the understanding that every space and application contains a unique set of variables that may impact the end-performance of products.

Typographic, Photographic & Technical Errors: Although we try our best to make our website 100 percent accurate, on occasion errors and inaccuracies occur. If you encounter an error or inaccuracy, please Contact Us about the mistake so that it can be corrected.

Warranty Disclaimer and Limitation of Liability: Foam Factory, Inc. will not have any liability to anyone for incidental or consequential damages or any other liability, loss or damage arising out of or related to our products, even if Foam Factory or an authorized representative of Foam Factory has been advised of the possibility of such damages. Unless otherwise specified, all products are sold as is, and no warranty will be made concerning the performance of our products. Foam Factory does not warrant that this website or the server that makes this website available is free of viruses or other harmful components. This disclaimer by Foam Factory does not in any way affect the terms of a manufacturer's warranty should there be one. In no event shall Foam Factory, Inc.'s total liability to you for any and all damages, losses and causes of action (whether in contract, tort [including, but not limited to, negligence] or otherwise) exceed the amount paid by you, if any, to Foam Factory for the specific merchandise at issue.