Terms of Use

(Terms & Services):

These Terms of Use (“Terms”) constitute a binding agreement between Sleep Number Corporation and its subsidiaries (“Us,” “We,” or “Our,” ) and You when You use: Our websites such as https://www.sleepnumber.com and https://www.breatheiq.com (collectively “Websites”); Our retail stores; any online feature, service, and/or programs offered by Us; Our social media pages; any email messages that We send to You; and any other location, occasion or event where Your information is collected by or on behalf of Us (collectively “Services”). As used herein, Services does not include Your use of the Sleep Number® smart bed system and the Sleep Number app, which have their own terms available at https://www.sleepnumber.com/pages/smartsleeper-user-agreement, or Your use of the BreatheIQapp, which has its own terms available at https://www.sleepnumber.com/pages/breatheiq-user-agreement. Further, Services does not include the Sleep Number Rewards Program which has its own terms available at https://www.sleepnumber.com/pages/legal-terms-conditions#rewards.

PLEASE READ THESE TERMS CAREFULLY, WHICH INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH US REGARDING YOUR USE OF THE SERVICES AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE THE SERVICES.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A REQUIREMENT THAT MOST DISPUTES BETWEEN YOU AND US MUST BE RESOLVED IN BINDING ARBITRATION, AND NOT IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION AND DISCOVERY AND APPELLATE RIGHTS ARE MORE LIMITED THAN IN COURT. YOU HAVE A TIME-LIMITED RIGHT TO OPT OUT OF THIS ARBITRATION REQUIREMENT. SEE THE “ARBITRATION/CLASS ACTION WAIVER” SECTION BELOW FOR DETAILS.

1. Convenience and Information Only. The Services are provided to You as a convenience and for Your information only. By merely providing access to the Services, We do not warrant or represent that: (a) any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the Services (collectively, the “Content”) is accurate or complete; (b) the Content is up-to-date or current; (c) We have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) Your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; (g) any information obtained in response to questions asked through the Services is accurate or complete; and/or (h) the Content does not infringe any third party’s intellectual property rights.
2. Services Use and Content. You may access, download, copy or print any page from the Services for personal, non-commercial purposes if You do not remove, modify, or alter any copyright and proprietary rights notices that may be present. This permission terminates automatically if You breach any of the terms and conditions governing the Services. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information from the Services without Our express, prior, written consent. YOU MAY NOT USE THE SERVICES FOR ANY COMMERCIAL USE. Any special rules for the software, audio files, downloads, and other items accessible through the Services may be included elsewhere in the Services and are incorporated into these Terms by reference. If You are a subscriber and have purchased a product or service offered by Us through the Services, such use is also subject to the terms and conditions to which You agreed to be bound by when You made that purchase.
3. Updates. We may make changes to the Services, the Content or these Terms or stop providing any of the Services and/or the Content at any time and without further notice to You. We will make an effort to update the Services with any changes to these Terms, and You are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).
4. Privacy. . Your privacy is important to Us. Any personal information that You provide to Us through Your use of the Services will be collected, used, and retained in accordance with Our Privacy Policy at https://www.sleepnumber.com/privacy-policy. By using the Services, You consent to receive electronic communications from Us unless You follow applicable opt out procedures. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communication be in writing.
5. User Profile, Password and Security.
  1. User Profile. To access certain features and/or Content available through the Services, We may require You to create a user profile with a username and password (“User Profile”). We use reasonable precautions to protect the privacy of Your username, password, and User Profile information. You, however, are ultimately responsible for protecting Your username, password, and User Profile information from disclosure to third parties, and You are not permitted to circumvent the use of required encryption technologies, if any. You agree to: (i) immediately notify Us of any unauthorized use of Your username, password, or User Profile, or any other breach of security; and (ii) ensure that You exit from Your User Profile at the end of each session. While We provide certain encryption technologies and use other reasonable precautions to protect Your confidential information and provide suitable security, We do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
  2. Accurate Information. In creating and using Your User Profile, You agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Services and (ii) maintain and promptly update this information to keep it true, accurate, current, and complete. If You provide any information that is false, inaccurate, not current, or incomplete, or if We have reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, then We may suspend or terminate Your User Profile and refuse any and all current or future use of Your User Profile.
  3. Non-Transferability of User Profile. User Profiles and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Services with their username and password. We are entitled to act on all instructions received by anyone using Your User Profile.
6. User Content. The Services may now or in the future permit the submission of various forms of content submitted by You and other users, such as materials, statements, reviews, ratings, opinions, personal accounts, documents, images, graphics, logos, designs, videos, text files, audio files, and comments (collectively, “User Content”) and the hosting, sharing, downloading, publishing and/or republishing of such Content. Except as otherwise addressed in a separate agreement that We have with You, by making Your User Content available on or through the Services You grant to Us a non-exclusive, perpetual, non-cancellable, transferable, sublicensable, worldwide, fully paid-up, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute Your User Content in connection with operating and providing the Services. You represent and warrant that You own Your User Content or that You have all rights necessary to grant Us a license to use Your User Content as described in these Terms and that use of Your User Content will not infringe, misappropriate or violate a third party’s intellectual property rights, rights of publicity or privacy, or any other rights.
  WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY USER CONTENT. TO PROTECT YOUR PRIVACY AND THE PRIVACY OF OTHERS, YOU AGREE THAT YOU WILL NOT PROVIDE ANY USER CONTENT THAT CONTAINS PERSONALLY IDENTIFIABLE INFORMATION (SUCH AS NAME, PHONE NUMBER, EMAIL OR MAILING ADDRESS, SOCIAL SECURITY NUMBER, ETC.) BELONGING TO YOU OR ANYONE ELSE. UPLOADING IMAGES OR VIDEOS OF OTHER PEOPLE WITHOUT THEIR PERMISSION IS STRICTLY PROHIBITED
  
  You shall be solely responsible for Your User Content, and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and We expressly disclaim any and all liability in connection with User Content. You acknowledge that We reserve the right to pre-screen User Content and We have the right (but not the obligation) in Our sole discretion to refuse, move, and/or remove User Content that are available on or through the Services.
7. Objectionable Material. You acknowledge that in using the Services and accessing the Content, You may encounter material that You deem to be disturbing, offensive or objectionable. You agree to use the Services at Your sole risk and that We shall have no liability to You for material that may be disturbing, objectionable or offensive to You.
8. Not Intended For Children. The Services are not intended or designed to attract anyone under the age of eighteen (18). By accessing or using the Services, including by creating a User Profile, You represent and warrant that You are eighteen (18) years of age or older, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
9. Disclaimers.
  1. 1. No Warranties For Services. When using the Services, information will be transmitted in such a way that may be beyond Our control. As such, We make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content or other information transmitted in connection with the use of the Services. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION ON OUR SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES AND THE CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE SERVICES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ON OR THROUGH THE SERVICES, OR THE SERVERS USED IN CONNECTION WITH THE SERVICES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE SERVICES.
    2. Indemnification. You agree to defend, indemnify, and hold harmless Us and Our directors, officers, employees, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by Us, directly or indirectly, with respect to or arising out of: (i) Your failure to comply with these Terms; (ii) Your breach of Your obligations under these Terms; (iii) Your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) any claim that yout User Content caused damage to a third party.
    3. Your Responsibilities. You are responsible for establishing such procedures as You deem appropriate to verify the accuracy of data transmitted hereunder (and We will have no obligation to verify the accuracy of such data). We do not intend for the Services or the Content to replace medical care, medical diagnosis, or the relationship between You and Your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining, or treating medical conditions of any kind. The Services or the Content should not be used in any way to diagnose or treat any medical condition. You should always consult with a physician or healthcare professional regarding any concerns You have relating to Your health, especially before You start or stop any particular health-related regimen. Never delay seeking or disregard professional medical advice because of something You have read or interpreted while using the Services or the Content.
10. Limitation of Liability. IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT PROVIDED IN CONNECTION WITH THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, THE CONTENT PROVIDED THROUGH THE SERVICES. ADDITIONALLY, WE SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL OR LOST PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE SERVICES AND/OR CONTENT. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions Our liability will be limited to the greatest extent permitted by applicable law. These Terms give You specific legal rights. You may also have other rights that may vary from one jurisdiction to another.
11. Third Party Content and Third Party Applications. These Terms are not applicable to any other web page operated and/or owned by any entity other than Us including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third party identified on the Services. When visiting these third-party websites, You should refer to the terms and conditions in effect for the applicable owner. We may provide hyperlinks to other websites maintained by third parties or may provide third party content on the Services by framing or other methods (collectively, “Third Party Content”). In addition, the Services may include certain applications, features, programs and services provided by third parties (collectively, the “Third Party Applications”). We do not monitor Third Party Content or Third-Party Applications and can make no guarantee as to the accuracy or completeness of such Third-Party Content or Third Party Applications. The links to third party websites, any Third-Party Content, and any Third-Party Applications may be provided for Your convenience and information only. The content on any linked website or in any Third-Party Application is not under Our control and, just as with the Services, We are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third-Party Content or Third-Party Applications, which at all times and in each instance is provided “as is.” If You decide to access any of the third party websites linked to the Services, any Third Party Content, and/or any Third Party Application, You do so entirely at Your own risk.
  If a third party links or refers to the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with Us. In most cases, We are not even aware that a third party has linked to or refers to the Services.
12. Intellectual Property. The Content of the Services is intellectual property owned, controlled and/or licensed by Us, or intellectual property that We are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect Our rights in and to the Content. No portion of the Content may be reproduced in any form or by any means, except as provided in Section 2 (Services Use and Content) and elsewhere in these Terms.
  
  We are the copyright owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed on the Services. All trademarks and service marks that may be referred to on the Services are Our property. Other parties’ trademarks and service marks that may be referred to on the Services are the property of their respective owners. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Our trademarks, service marks, or copyrights without Our prior written permission. Neither the name of Sleep Number, nor any of Our other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Services or otherwise, without Our prior, written permission, except that a third party website that desires to link to the Services and that complies with the requirements of Section 11 (Third Party Content and Third Party Applications) above may use the name “Sleep Number” or the title of any Content in or as part of that link.
13. Copyright Complaints. We own, protect and enforce copyright and other rights in Our own intellectual property, and respect the intellectual property rights of others. We will respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). Under the DMCA, a copyright owner may give notification to an online service provider of an alleged copyright infringement. During this process, the service provider responds by taking down the alleged infringing content, and takes reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. If a valid counter-notification is filed, We typically will restore the content in question, unless We receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. We may provide copies of such notices to the affected parties or to any other third parties, at Our discretion and as required by law.
  
  When notifying Us of potential infringement, You must include the following:
  - identification of the copyrighted work(s) claimed to have been infringed. If multiple copyrighted works, then a representative list of such works on the Services;
  - identification of the supposedly infringing material that is to be removed;
  - information reasonably sufficient to permit Us to locate the material on the Services;
  - contact information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, or email address;
  - a statement that the complaining party has a good faith belief that use of the material is in fact infringing and/or not authorized by the copyright owner, its agent, or the law;
  - a statement that, under penalty of perjury, the information in the notification is accurate and where relevant that the complaining party is authorized to act on behalf of the copyright owner; and
  - the signature, physical or electronic, of the copyright owner or a person authorized to act on his or her behalf.
  A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with Us, please provide the DMCA Agent a written communication containing the following:
  - identification of the supposedly infringing material that is to be removed;
  - a statement that, under penalty of perjury, You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  - Your name, address, and telephone number, and a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your postal address is located, and that You will accept service of process from the party who submitted the infringement notification or his, her, or its principal or agent; and
  - the signature, physical or electronic, of You or a person authorized to act on Your behalf.
  Notice of alleged infringement must be delivered to Our Designated DMCA Agent:
  
  Legal Department
  Sleep Number Corporation
  1001 Third Avenue South
  Minneapolis, MN 55404
  Phone: 763.551.7000
  Email: legal@sleepnumber.com
  
  Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should You file a takedown notice where there is no infringing use. If You are unsure whether there is infringement, it may be advisable to seek your own legal counsel.
14. Terms and Conditions of Sale.
  1. 1. Sale Terms. By making any purchase with Us, You also agree to Our terms and conditions of sale (“Sales Term”). For Sleep Number products, the Sales Terms are located at https://www.sleepnumber.com/terms-conditions. For Sleep Number Health and BreatheIQ, the Sales Terms are located at https://www.sleepnumber.com/pages/breatheiq-user-agreement. The Sale Terms are hereby incorporated into these Terms by reference. You are responsible for reading, understanding, and abiding by the Sale Terms. Please review Our Sale Terms for additional details about Your shipping, delivery and return options.
    2. Products. Our policy is to constantly improve Our products, and We reserve the right to modify or discontinue products at any time. We will ship products that have substantially similar functionality and performance as the products You ordered, but differences between what is shipped and what is described in a specification sheet, direct mail piece or on the Websites is possible. All pricing and shipping information is subject to change without notice. We will not be responsible for typographical or other errors or omissions regarding prices or other information. Any purchase from other companies or websites is made entirely at the risk of the purchaser, particularly with regard to the authenticity and any warranties of such items.
15. Termination of Service. We may terminate or modify the Services at any time without notice. We reserve the right, in Our sole and exclusive discretion, to refuse, suspend, restrict, or otherwise terminate Your access to the Services, the Content, or your User Profile at any time, without notice, for any reason or no reason.
16. Additional Remedies. You acknowledge that Your conduct that We deem, at our sole and exclusive discretion, as inconsistent with the provisions of these Terms may cause Us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, You agree that We may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
17. Governing Law. You agree that all matters relating to Your access to, or use of, the Website or the other Services shall be governed by the laws of the State of Minnesota, regardless of the laws that might otherwise govern under its principles of conflicts of laws.
18. Local Laws. We make no representation that Content or materials on the Services are appropriate or available for use in jurisdictions outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If You choose to access the Services from other jurisdictions, You do so at Your own initiative and are responsible for compliance with applicable local laws.
19. Arbitration/Class Action Waiver.
  1. Please review this section carefully. It provides that most “Disputes” between us must be resolved in binding, individual arbitration, and not in court. Arbitration replaces the right to go to court and the right to have a judge or jury decide a dispute, and discovery procedures and appellate rights are more limited in arbitration than in court. “Individual” means that the arbitrator may award the same remedies to you as a court could, but to the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute. “Binding” means that both you and we will have to accept and follow the arbitrator’s decision, except to the limited extent appeals to a court are permitted under applicable law. The award entered by the arbitrator may be confirmed or enforced in any court having jurisdiction. The term “Disputes” that must be arbitrated means any dispute, claim, or controversy—excluding only those exceptions listed below—between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse. This includes Disputes that arose prior to your entry into these Terms. The term Disputes also includes disputes regarding the validity, enforceability, or scope of this agreement to arbitrate or any portion of it. In other words, if you believe this agreement is unenforceable against you for any reason or that a claim you are asserting should not be resolved in arbitration, the decision about this will be made by the arbitrator, not by a court, unless these Terms expressly says otherwise.
    
    The exceptions to arbitration are: (a) claims that can be brought as individual actions in small claims court; (b) pursuit of enforcement actions through a government agency, if the law allows; (c) an action to compel or uphold any prior arbitration decision; (d) your or our right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (e) claims of intellectual property infringement or misappropriation; (f) claims that are the subject of a proposed class or collective action settlement in any court; (g) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (h) certain roles expressly specified for courts in the terms below.
  Time Limit to Pursue a Dispute. To the fullest extent permitted by applicable law, you or we must start arbitration of a Dispute within two (2) years from when the Dispute first arose. If applicable law requires you or us to bring a claim for a Dispute sooner than two years after the Dispute first arose, the shorter deadline applies instead. The failure to begin arbitration regarding a Dispute within the time frames described above in this section shall bar the Dispute, which means that to the fullest extent permitted by applicable law, you or we will not have the right to assert the Dispute.
  
  Informal Resolution. If you have a Dispute against us, or we have a Dispute against you, you and we will make a good-faith effort to negotiate a resolution any Dispute for at least 30 days (“Informal Resolution”) from the day you or we receive a written notice of a dispute from the other party (a “Notice of Dispute”) in accordance with these Terms. The two-year time limit for asserting Disputes, as well as any applicable statutes of limitations, will be tolled from the date of receipt of a compliant Notice of Dispute.
  
  You must send any Notice of Dispute to the following address: Sleep Number Corporation, ATTN Legal Department, 1001 Third Avenue South, Minneapolis, MN 55404 or by email to Legal@Sleepnumber.com. We will send any Notice of Dispute to you at your registered email address and to the residential address you provided to us. The Notice of Dispute sent by either party must include the sender’s name, address, and other contact information, a description of the Dispute, and what resolution to the Dispute is being sought.
  
  The Notice of Dispute requirement is designed to allow us (or you, in the case of a Dispute we assert against you) to make a fair, fact-based offer of settlement if we or you choose to do so. You and we cannot proceed to arbitration unless this information has been provided. If you or we proceed to arbitration without providing what the other party believes in good faith to be a compliant Notice of Dispute, the other party may ask a state (or, if federal jurisdiction exists, a federal) court in Minneapolis, Minnesota to enjoin the filing of any arbitration demand that has not been preceded by a compliant Notice of Dispute and the Informal Resolution process. You and we consent to the jurisdiction of the courts in Minneapolis, Minnesota, for this purpose. The court may order a party that has filed an arbitration demand without having first provided a compliant Notice of Dispute and completed the Informal Resolution process to reimburse the other party for any arbitration fees and costs already incurred.
  
  Small Claims Court. You and we agree that notwithstanding the obligation to arbitrate Disputes, Disputes that qualify for small claims court in either the county where you live or in Minneapolis, Minnesota, may be brought as individual actions in such small claims courts. We hope you will try Informal Resolution first, and you must do so before commencing an arbitration, but you do not have to complete the Informal Resolution process before going to small claims court.
  
  Arbitration Procedure and Location. Any arbitration under this Arbitration provision shall be administered by National Arbitration and Mediation (“NAM”), https://namadr.com, according to NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time the Dispute arises (the “Rules”), as modified by these Terms. These Terms affect interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the U.S. Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., and federal arbitration law.
  
  The arbitration will be conducted by a single arbitrator selected pursuant to the Rules. You and we both agree that the arbitration will be conducted in the English language. The arbitrator will apply these Program Terms as a court would and will adjudicate any Disputes according to applicable law and fact based only upon the record before the arbitrator.
  
  For Disputes in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely on the basis of written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For matters in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in Minneapolis, Minnesota, unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence or in such other place the arbitrator deems to be mutually convenient for the arbitrator and parties.
  
  Unless you and we agree otherwise, the arbitrator’s decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
  
  To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or us to satisfy one of our individual claims that the arbitrator determines are supported by credible relevant evidence.
  
  An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself.
  
  Arbitration Fees. The party initiating an arbitration must pay the claimant’s share of NAM’s initial filing fee. If you are a consumer as defined in the Rules, your share of the filing fee is less than the cost of initiating a dispute in many courts. Nevertheless, if your dispute is a consumer dispute and the initiation fee poses a hardship for you, we will consider your request that we pay the filing fee on your behalf. All other payments will be as directed by the Rules, which impose most costs on the company in consumer disputes. Either or both parties may elect to be represented by counsel in arbitration, but each party shall bear its own costs of attorneys, experts, and witness fees, subject to the prevailing party’s potential right to seek reimbursement of those fees if applicable law allows this.
  
  Special Rules for Coordinated Filings. If 25 or more Disputes are initiated with the arbitrator that raise similar claims, and counsel for the claimants are the same or coordinated, these will be considered “Coordinated Cases.” We will pay only the company’s share of arbitration fees for Coordinated Cases; the claimants will be responsible for their share of those fees as set by the Rules and NAM’s fee schedule for mass arbitrations. Applicable statutes of limitations will be tolled for all claimants who have provided compliant Notices of Dispute beginning at the time of such notification, but demands for arbitration in Coordinated Cases shall only be filed with NAM as permitted by the bellwether process set forth below, and we may not be required to pay any fees associated with cases that this agreement does not allow to be filed.
  
  Once counsel for Coordinated Cases have advised us that they have provided Notices of Dispute for all or nearly all claimants, counsel for claimants in the Coordinated Cases and our counsel shall confer in good faith regarding the number of cases that should proceed as bellwethers to allow each side to test the merits of its arguments, before the remainder of claims may be filed with the arbitration provider. Any number chosen must be an even number so as to allow each side to designate its half of the cases selected for bellwether trials. If counsel for claimants and our counsel do not agree on the number of bellwethers, the number shall be chosen by NAM as an administrative matter (or, in NAM’s discretion, by a process arbitrator). Factors that NAM may consider in making this decision include the complexity of the dispute and differences in facts or applicable laws among various claims. Once the number of bellwethers is fixed, by agreement or by the arbitration provider, each side shall select half that number from among the claimants who have provided compliant notices of Dispute, and only those chosen claims may be filed with the arbitration provider. You agree that if your case is not among the Coordinated Cases chosen to be filed against us, resolution of your personal claim might be delayed by this bellwether process. Nothing in this paragraph shall be construed to delay the resolution of uncoordinated Disputes based on similar claims.
  
  A single arbitrator shall preside over each Coordinated Case chosen for a bellwether proceeding, and only one Coordinated Case may be assigned to each arbitrator as part of a bellwether process, unless the parties agree otherwise.
  
  Once all bellwether trials have concluded (or sooner if the counsel for the claimants in the Coordinated Cases and our counsel agree), the parties must make a good-faith effort to resolve all remaining cases that were not chosen for a bellwether proceeding by engaging in a single mediation of all remaining cases. Each side shall pay half the applicable mediation fee. Counsel for claimants in the Coordinated Cases and for Company must agree on a mediator within 30 days after the conclusion of the last bellwether trial. If our counsel and counsel for claimants in the Coordinated Cases cannot agree on a mediator within 30 days, NAM will appoint a mediator as an administrative matter. Our counsel and counsel for the claimants in the Coordinated Cases agree to cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
  
  If the mediation does not yield a global resolution, then claimants in Coordinated Cases who notified us of their Disputes but whose claims were not resolved in bellwether proceedings shall no longer have the right to arbitrate their Disputes. Instead, outstanding claims from such cases may be filed only in the state courts in Minneapolis, Minnesota, or if federal jurisdiction exists, in the United States District Court for the District of Minnesota, Fourth Division (Minneapolis Division), and if the case is assigned to a division other than the Fourth Division, you consent to transfer to the Fourth Division. You consent as part of these Terms to venue such cases exclusively in these courts. Nothing in this paragraph shall be construed as prohibiting either you or us from removing a case from state to federal court if removal is allowed under applicable law. To the extent you are asserting the same claims as other persons and are represented by common or coordinated counsel, you agree to waive any objection that the joinder of all such persons is impracticable. If a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases who notified us of their Disputes prior to the start of the bellwether process, and we reserve the right to contest class certification at any stage of the litigation and on any available basis.
  
  If the parties to an arbitration disagree about whether cases are Coordinated Cases or regarding NAM’s compliance with the bellwether process, a court shall have authority to enforce the bellwether process. This includes the authority to enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
  
  Continuation in Effect. The dispute resolution process set forth in this agreement survives the termination of any other agreement between you and us.
  
  Future Terms Changes. Although we may revise these dispute resolution terms in our discretion, we do not have the right to alter this agreement to arbitrate, or the arbitration rules or procedures specified herein, with respect to any Dispute once you have notified us of that Dispute, if such change would make arbitration procedures materially less favorable to you as the claimant. The question of whether a change to arbitration rules or procedures is materially less favorable to a claimant shall be decided by NAM as a process matter.
  
  Your Time-Limited Right to Opt Out of the Arbitration Requirement. You have the right to opt out of and not to be bound by the binding individual arbitration provisions set forth in these Terms (except for the class action waiver, which is not subject to an opt-out). To exercise this right, you must send written notice of your decision to the following address: Sleep Number Corporation, ATTN Legal Department, 1001 Third Avenue South, Minneapolis, MN 55404 or by email to Legal@Sleepnumber.com.
  
  Your notice must include your name, mailing address, and email address, state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms, and your signature. TO BE EFFECTIVE, THIS NOTICE MUST BE POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE, YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that we receive your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, we will not be bound by them with respect to disputes with you.
  
  Class Action Waiver. To the maximum extent permitted by applicable law, disputes, claims, and controversies not subject to the requirement to arbitrate (including, but not limited to, claims filed in small claims court and claims that are deemed not subject to the requirement to arbitrate) may not be aggregated together in a class action, except that, as set forth above, if a formerly arbitrable Dispute is brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in the Coordinated Cases. Otherwise, to the maximum extent permitted by applicable law, you and we will only bring disputes, claims, or controversies against each other in an individual capacity only and shall not:
  - seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (like private attorney general actions); or
  - consolidate or combine individual proceedings or permit another to do so without the express consent of all parties to these Terms.
  Severability. If all or any provision of this agreement to arbitrate is found invalid, unenforceable, or illegal, then you and we agree that the provision will be severed, and the rest of this agreement to arbitrate shall remain in effect and be construed as if any severed provision had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and we agree that this entire agreement to arbitrate (but not the separate class action waiver) will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.
  
  lease review this section carefully. It provides that most “Disputes” between us must be resolved in binding, individual arbitration, and not in court. Arbitration replaces the right to go to court and the right to have a judge or jury decide a dispute, and discovery procedures and appellate rights are more limited in arbitration than in court. “Individual” means that the arbitrator may award the same remedies to you as a court could, but to the fullest extent allowed by applicable law, the arbitrator may not award money or other relief for the benefit of any person other than you or us as part of the resolution of any Dispute. “Binding” means that both you and we will have to accept and follow the arbitrator’s decision, except to the limited extent appeals to a court are permitted under applicable law. The award entered by the arbitrator may be confirmed or enforced in any court having jurisdiction. The term “Disputes” that must be arbitrated means any dispute, claim, or controversy—excluding only those exceptions listed below—between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either of us seeks legal recourse. This includes Disputes that arose prior to your entry into these Terms. The term Disputes also includes disputes regarding the validity, enforceability, or scope of this agreement to arbitrate or any portion of it. In other words, if you believe this agreement is unenforceable against you for any reason or that a claim you are asserting should not be resolved in arbitration, the decision about this will be made by the arbitrator, not by a court, unless these Terms expressly says otherwise.
  
  The exceptions to arbitration are: (a) claims that can be brought as individual actions in small claims court; (b) pursuit of enforcement actions through a government agency, if the law allows; (c) an action to compel or uphold any prior arbitration decision; (d) your or our right to seek injunctive relief in a court of law to preserve the status quo while an arbitration proceeds; (e) claims of intellectual property infringement or misappropriation; (f) claims that are the subject of a proposed class or collective action settlement in any court; (g) the enforceability of the requirement that arbitrations must be conducted on an individual rather than a class basis; and (h) certain roles expressly specified for courts in the terms below.
20. Export Restrictions. Any software and all underlying information and technology downloaded or viewed from Our Websites or in connection with the Services (collectively, the "Software or Technical Data") by You may be subject to U.S. export controls, and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in Your use and viewing of the Services, the Content, and any of Our products, including, but not limited to, the Software of Technical Data. Except as authorized by law, You agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied Your export privileges.

Your Consent To These Terms

By accessing and using the Services, You consent to and agree to be bound by these Terms. If We decide to change these Terms or some part of them, We will make an effort to post those changes on this web page so that You will always be able to understand and agree to the terms and conditions governing Your use of the Services. Your use of the Services following Your acceptance of any amendment of these Terms will signify Your assent to and acceptance of its revised terms. If You have any questions, please let Us know by contacting Us at:

Legal Department
Sleep Number Corporation
1001 Third Avenue South
Minneapolis, MN 55404
Phone: 763.551.7000
Email: legal@sleepnumber.com

Last updated: March 18, 2025