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Sleep.com Application Terms of Service

Last Updated: June 16, 2021

Through its partnership with SleepScore Labs, LLC (“SleepScore Labs”), Mattress Firm, Inc. (“Mattress Firm”) offers the Sleep.com Application (the “Application”). The Application helps you track your sleep data including sleep duration, sleep onset, sleep staging, and other collected information to provide you with a SleepScore® and other key metrics that allow you to take actionable steps to better sleep. These Terms of Service (“Terms”) apply to your access and use of the Application and services offered thereunder (collectively, the “Services”), which are provided to you by Mattress Firm. The Application and Services include associated firmware, applications, software, APIs, products, and services. The terms “we,” “our,” “us” and “Mattress Firm” collectively refer to Mattress Firm, Inc., a Delaware corporation.

You must accept these Terms to create an account with us and to access and use the Application and Services. If you do not have an account, you accept these terms by using any part of the Application and Services. If you do not accept these terms, do not create an account or use the Application or Services.

Read our Privacy Policy

Mattress Firm is committed to protecting the privacy and security of your personally identifiable information. For information on our data practices, please see our Privacy Policy. By accessing or using Application and Services you agree that we can collect and use your information in accordance with the Privacy Policy .

Use of Application and Services

You may only connect to the Application and Services by using our mobile application and related software and through approved third-party applications, software, and devices. Any attempt to connect through means outside of those defined above would be deemed a violation or attempted violation of this provision that may result in immediate termination of your ability to access the Application and the Services.

We do not promote or market the Application or any of the Services outside of the United States of America and do not intend to interact with, or secure any user data from, persons who are not residents of the United States of America. If you are not a resident of the United State of America do not seek to utilize the Application or the Service. We will exclude, for purposes of our use (other than to delete and suppress), any information obtained from persons who are not residents of the United States.

Furthermore, we do not intend to market to or interact with, or secure any user data from, children sixteen (16) years old or younger. You must be over the age of eighteen (18) and be a resident of the United States to create an account and use our Service.

We must point out that, if you are a minor and wish to utilize our product or the Service, your parents or legal guardians (hereafter your “Parents”) must engage in purchasing the product or Service and additionally if you are under eighteen (18) years old give us their written consent by contacting our customer service department. Our teams will answer any questions that you or your Parents may have concerning the use of our products and services and the rules relating to the collection of personal data.

Our Service is not by design reasonably likely to attract children sixteen (16) years old or younger, or for any person residing outside of the United States, to purchase or otherwise use our Service.

If we accidentally or unintentionally collect data from people who are not, to our knowledge, residents of the United States, or who are under sixteen (16) or a minor who has used our products and Service without the consent of their Parents, we will delete the personally identifiable data in our servers as soon as we receive written notification.

Required Equipment

Full use of the Application and Services is dependent upon your use of a supported mobile device with internet access. The maintenance and security of this equipment may influence the performance of the Mattress Firm Service and it is your responsibility to ensure the equipment’s compatibility and functionality.

Creating an Account

Creating an account with us allows you to use our services and applications. You will therefore need to provide us with certain data to identify yourself. Your account is the core component of our services. It allows you to access and control your personal data. Data are collected and used during account and/or user profile creation, when logging on to your account, etc. You are responsible for all activity that occurs in association with your account. Mattress Firm is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

When you use the Application

Through the Application, you are using a Mattress Firm-provided product and service, interact with us, and access features offered by Mattress Firm. To that end, certain data are communicated to us when you download, install and use features of the Application. This is the case when you set an alarm, share information, measure steps, respond to questionnaires, or fulfill a field in the Application, etc. It is also through the Application that your data is communicated to us. Through the Application you may activate certain optional features such as geolocation, Healthkit and health data, and the microphone through your smartphone. Here is the data that you may communicate to us by using the Applications:

  • Identifiable data
  • Biomotion data
  • Environmental data

When you use our Premium Services

For users who have elected to purchase a premium subscription to the Services, the following additional terms and conditions shall apply.

The Premium Service shall grant you a license to use additional features and services solely for your personal, non-commercial use subject to the applicable Agreement and terms and conditions.

You agree to purchase the Premium Service for the stated fees for the duration of time and the amount you selected on the sign-up page. You permit iTunes, Google Play Store or other authorized party to charge this fee to your credit card and automatically renew the charge for the duration of your membership until you cancel. By using iTunes, Google Play Store or other authorized party you are subject to their respective Terms of Service and Privacy Policy regarding shared payment or related information.

Membership fees will be charged to your credit card and will automatically renew at the price then in effect for the duration of your membership until you cancel. Yearly memberships will automatically renew once a year. Cancellation of your membership can be done via your subscription settings on iTunes, the Google Play Store, or other authorized party. If you choose to cancel, your cancellation will take effect at the end of the term in which you canceled. If your credit card is invalid for any reason, charged back, or if iTunes/Google Play Store/other authorized party does not receive payment, we have the right to cancel your premium member benefits immediately.

You represent, warrant, and covenant that (a) the membership and credit card information that you supply is true, correct, and complete, (b) you will pay any charges that you incur in connection with the Service, including any applicable taxes, (c) you will update your membership and credit card information as required, (d) you will not allow anyone else to use your membership, (e) you will not transfer your membership or password to anyone else and (f) you will report to us any unauthorized or prohibited use of your membership or this Site.

Unless terminated earlier, this Agreement will remain in force if you are a paid subscriber to the Premium Services. If you terminate the Services, but continue to maintain an account, the Terms of Service and Privacy Policy will still apply. Refund will follow iTunes and Google Play Store subscription policy.

We offer a range of subscription options. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. For the purposes of our lifetime options these shall constitute until the date we cease to commercially offer the Application or Service.

Subject to the termination and refund rights above, you agree that Mattress Firm reserves the right to amend the Premium Service and the terms associated therewith at any time and for any reason. Any changes may be posted to Mattress Firm Website or sent to you via email to the email on record.

When you use Sleep.com

The Application may make curated product recommendations to you based on your measured sleep data. Additional information about these products may be available on Mattressfirm.com, where we offer mattresses and other sleep-related products for sale, or on Sleep.com, a website offered by us for purposes of educating consumers about sleep and wellness. When you visit Mattressfirm.com or Sleep.com, you agree to the terms and conditions set forth on their respective websites. Recommended products may also be available for purchase from third-party vendors. For any purchases made at a third party’s website, buyers are bound to the third-party seller’s respective terms of service and privacy policies; such purchases are governed by all terms of the sale, payment, shipment, and post-sales customer service are through that third party and not Mattress Firm.

Commissions

There may be links to products and services in as part of the Services, and Mattress Firm may receive a commission or other compensation if you purchase through certain of those links. A link to a product or service as part of the Services does not mean that Mattress Firm has experience using such product or service. The links are provided for your convenience only.

Orders and Pricing: There may be pricing errors, out-of-stock, and other errors with respect to products that are recommended to you for purchase. We are not responsible for any such errors. For any recommended products where Mattress Firm would be the seller of record, we reserve the right to cancel any orders containing pricing errors, out of stock errors, or other errors that may trigger fraudulent purchase risks at any time without further obligation to you, including after you have received a confirmation of your order. Should this happen with your order, we apologize for the inconvenience, please feel free to contact us so we can work on identifying the issue and getting resolution.

Taxes: In the event that Mattress Firm is the seller of items recommended and purchased, all applicable tax on those items will be applied to the item price you pay for taxable items, less any savings amounts. If Mattress Firm is not the seller of your items, items will be subject to tax based on the sales tax collection obligations of the seller. Applicable tax on such orders will be applied to the item price indicated by the seller.

Accuracy, Completeness, and Timeliness of Information on the Application: The Application may contain information provided by third-party sellers and other content providers. Despite our efforts to be accurate, we cannot guarantee any aspect of any product information on the Application including, without limitation, product images, descriptions, and specifications. The information on the Application is for information purposes only, and may be inaccurate, incomplete, out-of-date, unreliable, or miscategorized. Product information contained on the Application may differ from information contained on the actual product materials. Before you act on information recommended to you by the Application, you should independently confirm any facts about the item(s) that are important to your decision. If you find an error or notice something that doesn’t look right on the Application, we would appreciate it if you let us know by submitting a Customer Service Request .

The Application has a feedback section and you agree that the feedback you provide concerning sellers of recommended products will be truthful and accurate. You agree that you will not use profanity, vulgar expressions, or any obscenity in your feedback comments. You agree that you will not provide any feedback that could be considered defamatory or that violates the privacy, intellectual property, or other rights of any third party. You agree that Mattress Firm may publicly post your feedback without any payment or other obligation to you. You agree that Mattress Firm may edit your feedback in any way that Mattress Firm sees fit and that Mattress Firm may remove your feedback at any time.

Content

Except as otherwise provided in our Privacy Policy, any content that you submit to us, whether directly or through a third-party website or application (“Content”) will be deemed to be non-confidential and may be disclosed through the Service to unknown persons on a worldwide basis without control by Mattress Firm, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit Content to us in connection with the Service except for Content that is fully authorized for purposes of the Service and this Privacy Policy, and by any aspect of the Service, including the Website, you warrant and represent that you own the rights to the Content or are otherwise authorized to post, display, perform, transmit or otherwise distribute Content. It is your obligation to determine the extent to which Content you submit is protected by applicable intellectual property laws. You agree to defend, indemnify and hold harmless Mattress Firm and its affiliates, officers, directors, employees, and contractors from any demands, claims, damages, liabilities, expenses, or harms, including attorney’s fees, arising in connection with any claim by a third party that Content you submit infringes their intellectual property rights. You agree that Mattress Firm will have, and hereby grant to Mattress Firm a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any Content that you submit to the Service or Mattress Firm. Mattress Firm does not endorse any Content, or third-party product or service that may appear on the Service.

Copyright Policy / DMCA

Mattress Firm respects the intellectual property rights of others and expect our users to do the same. It is Mattress Firm’s policy in appropriate circumstances and at our discretion.

It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others in accordance with the U.S. Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov) . Mattress Firm reviews claims of trademark infringement.

If you believe in good faith that materials hosted by Mattress Firm infringe upon your copyright or trademark rights, you may send us a notice requesting that the material in question be removed or access to it blocked. The notice must include the following information: (a) physical or electronic signature of the person authorized to action on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of copyrighted work or trademark claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the hosted materials; (d) your contact name, address, telephone number, and e-mail address; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark 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.

Please be advised that Mattress Firm will not respond to complaints that do not meet these requirements. If Mattress Firm deems that the materials alleged to infringe your copyright or trademark rights do not require removal, Mattress Firm will remove those materials only pursuant to a court order declaring the content or use of the materials unlawful.

Unsuitable Content and Conduct

You shall not engage in any illegal or improper conduct with our Service. You shall not submit to the Service any of your User Data in a manner that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable. You shall not cause damage, embarrassment, or adverse publicity to Mattress Firm.

Mattress Firm may, in its sole discretion, alter, remove, or refuse to display any of your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying your Content.

Third Parties

Mattress Firm may display or permit linking or other access to or use third-party content, promotions, websites, apps, services, products, and resources (collectively “Third-Party Solutions”) that are not under Mattress Firm’s control. We provide these links only as a convenience and are not responsible for the products, services, or other content available from Third-Party Solutions. When you pursue of purchase any such Third-Party Solution you acknowledge that you are contracting directly with such third party and not with Mattress Firm and that you take sole responsibility and assume all risk arising from your interaction, participation, payment of products or services, and any other terms. You are not obligated to use or transact any Third-Party that appears on Mattress Firm.

You acknowledge that these Terms of Service and the Mattress Firm Privacy Policy do not apply to any Third-Party Solutions. You are responsible for reading and understanding the terms and conditions and privacy policy that applies to the use of any Third-Party Solutions. You agree that Mattress Firm shall not be liable for any loss or damages of any kind incurred by you as a result of any of your dealings with Third-Party Solution Providers.

Mattress Firm and Sleep.com are trademarks of Mattress Firm, Inc. All trademarks not owned by Mattress Firm, Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mattress Firm, Inc.

If you feel a logo or trademark has been used without proper authorization, please contact Mattress Firm customer service.

Compliance

You agree to comply with all applicable laws in connection with your use of the Application and the Services.

Functional Compatibility and System Abuse

You will submit only User Data and Content that is functionally and technically compatible with the Service. You will not attempt to and will not damage, corrupt, tamper with or infect any aspect of the Service, the Content, or any information or telecommunication system of Mattress Firm with a virus or other malicious computer program. You will only use the Service for the permitted purposes stated in these Terms, and will not engage in abusive activity with respect to the Service, or undertake any other activity which may adversely affect the use or enjoyment of the Service by any person. You are prohibited from using any services or facilities provided in connection with the Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Mattress Firm reserves the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.

Your Cooperation and Notification

Your Cooperation and Notification

You agree to cooperate with all reasonable requests of Mattress Firm and will notify Mattress Firm promptly upon learning of any actual or suspected breach of these Terms by you or unauthorized use or abuse of the Service.

Termination

Mattress Firm reserves the right to suspend or deactivate your account or your access to certain aspects or all of the Mattress Firm Service or to terminate these Terms at our sole discretion, at any time and without notice or liability to you.

Cause for such termination may include, but is not limited to, (a) violation of these Terms or other agreements, policies, or guidelines; (b) as requested by you as a user-initiated account deletion; (c) requests by law enforcement or other governmental agencies; (d) extended periods of inactivity; (e) technical or security issues; or (f) nonpayment of any fees owed to you in connection with Application or Services. Upon such suspension, deletion, or termination, we may delete or remove Your Content and other information related to your account. You may elect to close your account at any time by submitting a Customer Service Request .

The following sections shall survive termination of your account: Content, Liability, Indemnity, Disclaimers, Liability, and Applicable Laws.

Disclaimers

THE SOFTWARE, PRODUCTS, SERVICES, INFORMATION, AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY.   MATTRESS FIRM, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH SOFTWARE, PRODUCTS, SERVICES, INFORMATION, AND CONTENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

WITHOUT LIMITATION TO THE ABOVE PARAGRAPH, MATTRESS FIRM, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT:  (a) SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;  (b) RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (c)  YOUR CONTENT OR INFORMATION WILL BE AVAILABLE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (d) ERRORS IN THE SERVICES WILL BE CORRECTED; AND (e) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PURCHASED OR OBTAINED THROUGH THE SERVICES SHALL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOU EXPRESSLY AGREE THAT MATTRESS FIRM, INC. IS NOT PROVIDING MEDICAL ADVICE THROUGH THE SERVICES AND THAT ANY CONTENT OR MATERIALS PROVIDED BY MATTRESS FIRM, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, AND LICENSORS ARE NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS.

MATTRESS FIRM, INC. DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER MEMBER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES.

YOU EXPRESSLY AGREE TO RELEASE MATTRESS FIRM, INC., SLEEPSCORE LABS, AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, AND LICENSORS (“PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR SLEEP AND SLEEP IMPROVEMENTS ACTIVITIES AND/OR USE OF THE SERVICES OR ANY OTHER MATTRESS FIRM, INC. PRODUCTS, WEBSITES, MOBILE APPLICATIONS, CONTENT, OR SERVICES AND PROMISE NOT TO SUE THE PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF PRODUCTS OR SERVICES RECOMMENDED BY MATTRESS FIRM, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS THROUGH THE APPLICATION, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE APPLICATION.

Indemnity

You will indemnify and hold harmless Mattress Firm, Sleepscore Labs and their respective subsidiaries, affiliates, officers, directors, agents, representatives, employees, contractors, partners, and licensors from any claim, action, suit, or demand made by any third party, and all associated costs, expenses (including reasonable attorneys’ fees), losses, judgments, and settlements in any way connected with (a) your access to or use of the Application or Services; (b) Your Content; (c) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (d) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Limitations on Liability and Remedies

Neither we nor providers of content to us (“Content Providers”) assume any liability or responsibility for damage or injury (including death) to you, other persons, or property arising from any use of any product, information, idea, or instruction contained in the Content or derived through the Service.

EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THE APPLICATION MATERIALS, MATTRESS FIRM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH MATTRESS FIRM (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICE) IS TO DISCONTINUE YOUR USE OF THE SERVICE. NEITHER MATTRESS FIRM NOR ANY OF ITS VENDORS (INCLUDING, WITHOUT LIMITATION, SLEEPSCORE LABS) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE, OR ANY LOST PROFITS, ARISING FROM YOUR USE OF THE INFORMATION ON THE APPLICATION OR THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE APPLICATION OR SERVICES OR REGISTRATION FOR AN ACCOUNT IN ORDER TO USE THE APPLICATION OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF MATTRESS FIRM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MATTRESS FIRM AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. MATTRESS FIRM DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF MATTRESS FIRM OR ANY OF ITS VENDORS (INCLUDING, WITHOUT LIMITATION, SLEEPSCORE LABS) WILL BE LIMITED TO, IN THE SOLE DISCRETION OF SLEEPSCORE, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THE SERVICE RECEIVED BY MATTRESS FIRM FROM YOU.

Dispute Resolution

You agree that any dispute arising out of or relating to these Terms, the Application or Services (collectively, “Disputes”) will be governed by the arbitration procedure outlined as follows.

Governing Law: Except as otherwise required by applicable law, the Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of laws principles.

Both Parties Agree to Arbitrate: You and Mattress Firm agree to resolve any Disputes through final and binding arbitration. JAMS American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in New York, New York (USA), the United States country where you live or work, or any other location we agree to.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against Mattress Firm, you agree to try to resolve the Dispute informally by submitting a Customer Service Request . We seek to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or Mattress Firm may bring a formal proceeding.

Limitation on Claims: You agree that any claim you may have arising out of your relationship with Mattress Firm and these Terms of Service must be filed within one year, after such claim arose, otherwise the claim shall be permanently barred.

Medical Disclaimers

THE CONTENT AVAILABLE THROUGH THE SERVICE, COMMUNICATED TO YOU DIRECTLY OR INDIRECTLY VIA TEXT, EMAIL, OR OTHER METHOD, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF A HEALTH CARE PROFESSIONAL IN DIAGNOSING AND TREATING PATIENTS. MATTRESS FIRM DOES NOT, THROUGH THE SERVICE OR ITS AVAILABLE FUNCTIONS, PROVIDE MEDICAL ADVICE, NOR DOES IT PROVIDE MEDICAL PRESCRIPTIONS, TREATMENTS, OR DIAGNOSTIC SERVICES. ADDITIONALLY, THE USE OF THE CONTENT OBTAINED THROUGH THE SERVICE, AND INFORMATION PROVIDED BY MATTRESS FIRM IN CONNECTION WITH YOUR USE OF THE APPLICATION OR THE SERVICE, DOES NOT ESTABLISH A PHYSICIAN-PATIENT RELATIONSHIP.

YOUR RELIANCE UPON INFORMATION AND CONTENT OBTAINED BY YOU FROM MATTRESS FIRM AT OR THROUGH THE APPLICATION AND SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING ANY SUCH CONTENT YOU SHARE WITH A THIRD-PARTY HEALTHCARE PROFESSIONAL.

WE DO NOT PROVIDE ADVICE TO YOU ON ANY ISSUES RELATING TO MEDICAL TREATMENT OR DIAGNOSIS AND THE APPLICATION, CONTENT, AND SERVICE ARE INTENDED SOLELY AS A RESOURCE AND INFORMATIONAL TOOL. ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE SEEN OR READ ON THE SERVICE. WE ARE NOT MEDICAL PROFESSIONALS AND WILL NOT DISCUSS OR ADVISE YOU ON ANY ISSUES RELATING TO MEDICAL TREATMENT OR DIAGNOSIS.

SERVICE IS DESIGNED TO HELP IMPROVE SLEEP THROUGH COACHING AND BIOFEEDBACK. IT IS NOT A MEDICAL DEVICE AND IT IS NOT THE PRACTICE OF MEDICINE. IF YOU HAVE CONCERNS THAT SLEEP IS AFFECTING YOUR HEALTH, YOU SHOULD CONSULT YOUR HEALTHCARE PROFESSIONAL.

DO NOT USE THE SERVICE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, IF WITHIN THE UNITED STATES CALL 911, OR CALL YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.

Modifications to Terms

The Terms are subject to change from time to time at the sole discretion of Mattress Firm. As such you are advised to review this Privacy Policy occasionally as Mattress Firm shall endeavor to notify you of any material changes to the Terms.

Your continued use of any aspect of the Service after Mattress Firm modification of the Terms constitutes your acceptance of the modified Terms. If any term or provision of this Terms of Service is be found to be invalid, illegal, or otherwise unenforceable, such finding will not affect the other terms or provisions of the Terms of Service, or the whole of the Terms, but such term or provision will be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and Mattress Firm will be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in this Terms.

Contacting Us

If you have any questions or concerns relating to these Terms:

Mattress Firm, Inc.
10201 S Main Street
Houston, TX 77025
Attn: Legal Department

Note: The Service (including the Application and related sleep guidance and product recommendations) is not a medical device. If you are seeking information on how to treat a sleep disorder, you should talk to your healthcare professional.