Sleep Number® bed purchases are estimated for delivery in our standard delivery areas
weeks. Use your Order Number to track your order at www.sleepnumber.com/ordertracking.
Please allow 24 hours for your order to be visible in our tracking system.
For purchases made in or delivered to New Jersey:
The merchandise you have ordered is promised for delivery to you within 8 weeks. If the merchandise
ordered by you is not delivered by the promised delivery date, Sleep Number must offer
you the choice of (1) canceling your order with a prompt, full refund of any payments you have made,
or (2) accepting delivery at a specific later date.
TERMS AND CONDITIONS OF SALE
Shipping and Delivery
Home delivery is available on selected products in selected areas. Depending on the product purchased,
home delivery may be the only delivery or return option available. Shipping and delivery fees are
and do not include any return shipping/delivery service, which is available for an additional charge.
Home delivery outside our standard delivery areas may be available for an additional charge.
In-Home Trial Policy
Except as noted in the Exclusions/Final Sale section below, Sleep Number® beds,
bases, Sleep Number® remote controls purchased with a Sleep Number® bed, and
DualTemp™ layers are covered by an In-Home Trial Period that begins the day your new
bed, base, layer, or remote arrives.
The In-Home Trial Period for Sleep Number® beds, non-adjustable bases, and Sleep
Number® remote controls is 100 nights.
If, after sleeping on your new bed for a full 30 nights, you are not completely satisfied, contact us
before the end of the 100-night In-Home Trial
Period to arrange for the return or exchange of your purchase. The In-Home Trial Period for a
DualTemp™ layer is 30 nights; if you are not
completely satisfied, you may contact us before the end of the 30-night In-Home Trial Period to arrange
for the return
or exchange of your purchase. Please note items exchanged at any time under the In-Home Trial Policy do
for a new In-Home Trial Period. The In-Home Trial Policy does not apply to products not listed in this
does not apply to products previously exchanged under the In-Home Trial Policy. For any permitted returns,
shipping/delivery fees may apply. Depending on the product purchased, the only available return shipping
be to have the product picked up by us at your cost. Please refer to the Returns section below for further
Certain products are not subject to the In-Home Trial Policy. In addition, except with respect to
in or delivery to New Jersey where delivery is delayed beyond the specific date identified above, certain
products are not returnable or are a final sale. Listed below are the product-specific return/exchange
policies that apply (if purchased):
Adjustable Bases (FlexFit™ 1, FlexFit™2 and
All sales of FlexFit™ adjustable bases are final.
Due to their unique handling and delivery requirements, all adjustable bases are excluded from any
In-Home Trial Policy and are not returnable or exchangeable.
Bedding/Pillows are not returnable.
However, within the first 30 days of your purchase, you may elect a one-time exchange of your
purchase for another Bedding/Pillow item.
All sales of Upholstered Furniture are final.
As these products are made-to-order items, your order of these items is not cancellable at
any time after purchase. These items are also not returnable or exchangeable.
Demo and Display Products:
All sales of demo, display, and products otherwise marked
as a final sale are final.
These sales are excluded from any In-Home Trial Policy that might otherwise accompany an identical
product that is not demo or display product.
Any permissible return must first be authorized by us. No unauthorized returns are allowed.
With the exception of a DualTemp™ layer, no returns can be processed in our retail stores.
Contact the Sleep Number® Customer Service Center at (800)
to obtain a Return Service Order (RSO) number before returning any product to us (except a DualTemp™ layer
returned to a retail store). Once your authorized return
has been completely received by us in a good and sanitary condition, we will reimburse the purchase price
the returned items less any return shipping/delivery fees. Refunds are issued to the original method of
payment within approximately 21 days. Unauthorized returns will be destroyed with no refund or credit
You are responsible for the return shipping/delivery fees for products returned to or exchanged with us.
The full retail value of any gift-with-purchase promotional items will be deducted from any refund unless
promotional items are also returned or unless such deduction is prohibited by law.
Nothing in these Terms and Conditions of Sale is intended to alter or modify the terms of any limited
warranty that may
accompany your purchase. No one has the authority to change the terms of any limited warranty. Please
refer to the
applicable limited warranty for complete details including specific restrictions and exclusions. Please
note that your
limited warranty may provide that any legal disputes with us are subject to an alternative dispute
resolution (ADR) process
which includes the waiver of specific processes and/or remedies that would otherwise be available to you.
information about limited warranties or the ADR process, please visit www.sleepnumber.com/warranty.
Use of the SleepIQ® system is governed by the terms of the End User Agreement which will be
electronically when the SleepIQ® service is activated. A copy of the current End User
available on our website at
Mattress/Bed and Base Recycling Fees
To fund recycling programs, certain states have laws requiring retailers to collect a fee on each
and base sold in or shipped to those states. The recycling fee is legally required and not a Sleep Number
fee. We remit this fee to the state authority that imposes it. This fee applies whether or not you are
of an old mattress/bed or base. The fees are as follows: CT - $9 per component for each mattress/bed and
base; CA - $10.50 per component for each mattress/bed and each base. RI - $16 per component for each
and each base.
Important Information for Promotional/Financed Purchases
Payment terms on purchases financed through Synchrony Financial or HELPcard are governed by your agreement
with them as the card
issuer. Available promotional financing plans change over time. If you are financing your purchase,
details of the plan you
selected are listed in the documents provided at the point of sale and are also available from the card
Contact Synchrony Financial at (800) 250-5411 or visit
Contact HELPcard at (877) 834-0550 or visit
Sleep Number Corporation, owner of the Sleep Number® retail stores through its affiliate,
Comfort Retail Corporation, (“Company”) is offering you (“you” or “Insider”) the opportunity to earn
points (“Points”) through the InnerCircle℠ Rewards Program (“Program”) offered on the
website located at www.sleepnumber.com/inner-circle (“Site”).
- Company’s current terms for the administration and operation of this Program are set forth in
as that term is defined below. These Terms do not amend, cancel, modify, supersede, terminate, or
otherwise alter any other agreements that you have with Company.
- By using the Site or participating in the Program, you are bound by these Terms and indicate
your agreement to them. All of Company’s decisions are final and binding. IF YOU DO NOT AGREE TO
ALL OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO
NOT ACCESS, REGISTER FOR, OR USE THE PROGRAM. COMPLETING THE REGISTRATION PROCESS OR OTHERWISE
ACCESSING OR USING ALL OR ANY PART OF THE PROGRAM WILL CONSTITUTE ACCEPTANCE AND WILL CREATE A
LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THESE TERMS, WITHOUT
Privacy. The personal information collected, processed, and
used as part of the Program will be used in accordance with Company’s Privacy Statement, which is
available by link on the Site. Company will not edit, delete, or disclose your information submitted
in connection with the Program unless such actions are reasonably necessary to perform the Program,
are authorized by you, or are otherwise permitted under the Privacy Statement, or if Company
reasonably believes that such action is necessary to conform or comply with any legal, regulatory, law
enforcement investigation, to protect or defend the rights or property of Company or any other
Insider, or to enforce these Terms. Company will use your social networking account information only
as permitted under its Privacy Statement and for the purpose of providing the Program to you and will
not otherwise attempt to obtain information from or post information using such accounts.
- Copyright. You hereby grant the Company and its successors,
assigns, affiliates, agents, and licensees a perpetual, irrevocable, transferable, sublicense-able,
worldwide, fully paid-up, royalty-free right and non-exclusive license to use, incorporate, reproduce,
distribute, publicly display, modify, and promote and create derivative works of your content.
- Your purchase of a Sleep Number® mattress or mattress set from a Sleep
Number® store, its
website, live chat, or phone qualifies you for the Program. InnerCircle members are known as
- To access and use the Program, Insiders must register and create an account on the Site in
accordance with Section 5.
- You must be at or over the age of majority in your jurisdiction of residence to register for,
access, and use the Program. Access and use of the Program is intended for residents of the United
States and is not intended to be used by anyone residing outside of the United States.
- If you do not meet the eligibility criteria in Sections 4.1, 4.2, and 4.3, then you are
prohibited from accessing, using, and registering for the Program.
- Company may change its eligibility criteria for the Program participation at any time and at its
sole discretion without notice.
- You may be eligible to receive InnerCircle benefits offered by Company notwithstanding your
registration of and participation in the Program.
- Sleep Number team members may sign up for the Program by using the email address listed in their
employee records. Team members may complete Activities and earn Points, but their Points cannot be
redeemed for Rewards. Team members are not eligible to enter any of the Program sweepstakes.
- To enroll in the Program, you must:
- Register for an account (“Program Account” on the Site by providing Company
with your name, mailing
address, zip code, email address, phone number, username, password, your preferred method of
contact, and other
information Company may require for registration. Limit one (1) Program Account per household.
You shall not create
additional Program Accounts by means of registering separate email addresses. Company may
refuse to accept your
registration at its sole discretion; and
- Accept and agree to participate in the Program and use the Site in accordance with these
- If Company accepts your registration, Company will provide you access credentials for the Site.
are solely responsible for maintaining the confidentiality of your access credentials and accuracy
of your Program
Account information. You are solely responsible for any and all activities under your Program
Program Points and Rewards
- Company establishes, at its sole discretion, the activities through which
you earn Points, the number of Points you earn through such activities, the respective Point tier
levels, the number
of Points required to attain each tier, and the R available for redemption at each respective tier
- You earn Points by completing activities set forth on the Site by Company, including but not
completing surveys, reading blog posts, submitting product reviews, making referrals, store
visits, and other
activities (“Activities”). Company may change the type, Point value, and duration of Activities at
its sole discretion
and without notice to you. For a complete list of Activities and the corresponding number of
Points you can earn for
each Activity, please visit the Site.
- Points will be credited to your Program Account after you
complete an Activity. You may log into your Program Account at any time to review your Points
- There are six (6) tiers within the Program, which you attain by earning the Company-designated
number of Points
required for each respective tier. The six tiers in increasing rank order include: Blue Circle,
Bronze Circle, Silver
Circle, Gold Circle, Platinum Circle, and Diamond Circle, respectively. Once you reach a specific
tier within the
Program, you are eligible to redeem Rewards exclusive to Insiders who have attained that tier if
you redeem your
Points for a Reward, as further described in Section 6.6. Company may change the respective tiers
and the Points
required to attain each tier at its sole discretion and without notice to you.
- Point Restrictions. You acknowledge and agree that:
- Your Points do not have any cash value and may only be used to qualify for Rewards made
available upon attaining a respective tier;
- The provision of Company products as Rewards may be time-limited or available in limited
- Your Points cannot be redeemed by or sold, assigned, bequeathed, or otherwise transferred to
any other Insider registered in the Program or to any other natural person, trust, for-profit
or non-profit entity or organization, or other third party;
- All of your Points expire to the extent permitted by law upon the termination of your
Program Account for any reason under these Terms;
- Company’s ability to credit Points to your Program Account based on completing Activities at
social media sites may be restricted by the terms, conditions, or functions of such sites;
- You must earn Points by completing Activities in accordance with these Terms. Any Points you
obtain or attempt to obtain by any means that simulates earning Points in accordance with
these Terms and Company’s operation of the Program are invalid; and
- Company’s good faith determination of the number of Points in your Program Account is final
- Company shall display its current list of Rewards offered for each tier on the Site. Rewards
offered may include
but are not limited to Reward Certificates, automatic entry into a sweepstakes, products, or
other prizes that Company
may select at its sole discretion. Rewards provided at each tier are solely determined by
- You shall review your Program Account’s Points balance when you attain a tier and redeem the
Reward(s) set forth
for such tier within 14 business days of attainment.
- Company shall conduct any and all Program sweepstakes in accordance with applicable official
You are solely responsible for reviewing such rules for any and all sweepstakes into which you
- Your Points shall continue to accrue even after you have redeemed any Rewards available in a
- Your redemption and receipt of any Reward is final and cannot be cancelled or refunded.
- Additional terms and conditions may apply to Rewards and will be set forth on the Site. Any
provided by Company as Rewards will be provided “as is” with no warranty or guarantee, either
implied by Company.
- You acknowledge and agree that you shall not transfer, substitute, or redeem Points for
cash. You are
responsible for all federal, state, and local taxes as well as any other costs or expenses
associated with a Reward not specified in these Terms or on the Site as being provided.
Rewards provided in the form of Rewards Certificates or
product or any product awarded in connection with a sweepstakes are considered taxable income
and are subject to
federal, state, and local taxes. Company will issue you an IRS 1099 tax form for tax purposes
if the value of the
Rewards you have received in a calendar year is $600 or more.
- Company will send any tangible Rewards you redeem to you at the mailing or service address
you provided in your
Program Account. You acknowledge and agree that you may be charged shipping and handling fees
set forth on the Site
for any Rewards mailed to you unless a shipping promotion applies, if any. Any Rewards that
can be delivered
electronically shall be sent by Company to you at the email address you provided in your
Program Account within five
(5) business days from the date you redeem such a Reward. No Rewards will be sent to any
physical or email address
outside of the United States.
- Company’s officers, directors, employees, agents, shareholders, successors, assigns,
affiliates, and third-party
service providers, including but not limited to CrowdTwist, Inc., shall not be liable for any
damages, losses, or
delays in connection with any shipments.
- Points Expiration. Once you register for the Program, you must complete at least one (1)
Activity every 12 months to retain your earned but unused Points in your Program Account. To
the extent permitted by law, Company will close your Program Account and clear your Points
balance if you do not complete at least one (1) Activity within 365 calendar days from the
date of your last Activity. Company may, at its discretion and upon a frequency established by
Company, but is not obligated to, send you written notice to remind you that your Points
expire after 12 months of inactivity. You are solely responsible for monitoring your Program
Account, Point balance, and Activity completion.
- Except as otherwise provided in these Terms, you may close your Program
Account at any time in accordance with the
Site’s procedure for closing your Program Account.
- Company may terminate your Program Account at any time and at its discretion should Company deem
your use of the
Program to fail or appear to fail to comply with any provision of these Terms or any federal,
state, and local law,
statute, ordinance, or regulation. All your Points expire to the extent permitted by law upon the
termination of your Program Account for any reason.
- Account Reactivation. You may reactivate your Program
Account if it was closed or terminated in accordance with
Sections 6.6.10 or 7.1. Your reactivation of your Program Account does not restore your Points balance
closed or terminated Program Account.
User Rules and Conduct.
- The Program is provided to you only for your personal, non-commercial use. Any unauthorized use
of the Program and the Site is expressly prohibited. You are solely responsible for all acts or
omissions that occur under your Program Account, username, or password, including any and all
social media or product review content posted or submitted in connection with the Program.
- You acknowledge and agree that you will not use the Program and the Site for any purpose that is
unlawful, commercial in nature, charitable, capital, or other fundraising activity, or prohibited
by the Terms or any other agreement you have with Company.
- You acknowledge and agree to use the Program in compliance with all federal, state, and local
laws, statutes, ordinances, or regulations.
- You acknowledge and agree that any product reviews you submit in connection with the Program
comply with the Federal Trade Commission’s Guides Concerning Use of Endorsements and Testimonials
- You acknowledge and agree that you will not take any action or upload, post, submit, or
otherwise distribute or facilitate the distribution of any content in connection with the Program
through the Site, social media platform, product review portal, or any other electronic or digital
communication platform in any manner that:
- Is unlawful, deceptive, misleading, fraudulent, threatening, abusive,
harassing, libelous, invasive of another’s privacy, tortious, obscene, profane, or which
otherwise violates these Terms;
- Infringes any copyright, patent, trademark, trade secret or other proprietary rights, or
rights of publicity or privacy of another natural person, entity or organization, or other
- Makes any reference to another natural person by their full name or by including any
information about such natural person that they could be identified by name, entity or
organization, or other third party (including Company competitors), including their website,
mailing or service address, email address, or phone number;
- Company deems as or that it may reasonably consider to be defamatory, hateful, racially or
religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any
natural person, entity or organization, or other third party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail distribution such
as spamming, chain letters, or any form of lottery or gambling;
- Imposes an unreasonable or disproportionately large load on Company’s computing, storage, or
communications infrastructure, or that attempts to gain unauthorized access to the Program,
other Program Accounts, computer systems, or networks connected to the Program, through
password mining or otherwise;
- Contains software viruses or any other computer codes, files, or programs that are designed
or intended to disrupt, damage, limit, or interfere with the proper function of any software,
hardware, or network system or to damage or obtain unauthorized access to any system, data, or
other information of Company or any third party;
- Creates Insider accounts by any automated means or under false or misleading pretenses;
- Harvests, scrapes, or collects any information from the Program or the Site;
- Disguises the source of your content posted by you; or
- Impersonates any person or entity, including any employee or representative of Company.
- You acknowledge and agree that you have not received compensation or any consideration from
person, entity or organization, or other third party (including Company competitors) for any and
all content or
product reviews posted or submitted in connection with the Program.
- You acknowledge and agree that Company may immediately suspend or terminate your access to the
Program at its sole
discretion should Company deem your use of the Program to fail or appear to fail to comply with
any provision of these
- Liability. YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY NOR
ANY OF COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUCCESSORS, ASSIGNS,
AFFILIATES, OR THIRD-PARTY SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO CROWDTWIST, INC., SHALL BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the
Program, you agree to defend, indemnify, release, and hold harmless Company, Company’s officers,
directors, employees, agents, shareholders, successors, assigns, affiliates, and its third-party
service providers, including but not limited to CrowdTwist, Inc. Company, Company’s officers,
directors, employees, agents, shareholders, successors, assigns, affiliates, and third-party service
providers, including but not limited to CrowdTwist, Inc., are not responsible for delayed, late, lost,
incomplete, inaccurate, or undelivered Rewards, or any other problems of any kind relating to or in
connection with the Program. An Insider found tampering with or abusing any aspect of the Program or
the Site, acting in a disruptive manner, or who is otherwise not in compliance with these Terms as
solely determined by Company may be removed from the Program and all such Insider’s Points and Rewards
will be void. Company, Company’s officers, directors, employees, agents, shareholders, successors,
assigns, affiliates, and third-party service providers, including but not limited to CrowdTwist, Inc.,
are not responsible for injury or damage to your computer or any mobile device or any other person’s
computer or mobile device related to or resulting from your participation in the Program or
downloading materials from or use of the Site. You acknowledge and agree that you are solely
responsible for any and all internet access costs, service charges, and any other fees incurred by
your use of the internet or any wireless communications networks on any computer, mobile device, or
any other device in connection with the Program.
- Disclaimer of Warranties. THE PROGRAM IS PROVIDED "AS IS" AND
"AS AVAILABLE." THE PROGRAM IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE
OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, SHAREHOLDERS, SUCCESSORS, ASSIGNS, AFFILIATES, AND ITS THIRD-PARTY SUPPLIERS, INCLUDING BUT
NOT LIMITED TO CROWDTWIST, INC., DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE,
RELIABLE OR CORRECT; (B) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY
DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
- Sign-In Credentials. You are responsible for maintaining the
confidentiality of your sign-in credentials for your Program Account and are fully responsible for all
activities that occur through the use of them. You agree that Company will not be liable for any loss
or damage arising from unauthorized use of your credentials.
- Cancellation, Modification, or Termination of Terms. Company
reserves the right to amend any of these Terms at any time and at its sole discretion without prior
written notice at any time. All changes are effective upon Company’s posting of the updated Terms on
the Site. YOUR CONTINUED USE OF THE SITE AFTER THE POSTING OF ANY CHANGES CONSTITUTES YOUR ACCEPTANCE
OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST DISCONTINUE USING THE
SITE AND TERMINATE YOUR PROGRAM ACCOUNT.
Alternative Dispute Resolution. Company hopes to never have a
dispute with you. In the unlikely event of a dispute with respect to the Program or its validity or
enforceability or any other dispute, action or controversy between Company and you that relates to the
Program, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or
equitable basis (a “Dispute”), you and Company agree that such Dispute shall be resolved according to
these alternative dispute resolution (“ADR”) provisions.
- Trial by Jury and Class Action Waiver. By participating in the Program, you understand and agree
that except as provided herein, you have waived your right to have your Dispute with Company
resolved by either a jury or bench trial. Company and you have waived any right to a jury or bench
trial as well. You also understand and agree that you have waived your right to participate in any
litigation related to your Dispute on a class basis or as a class member.
- Fundamental Fairness. Company supports the proposition that all parties to a Dispute subject to
these ADR provisions are entitled to a fundamentally fair process and hearing. Toward that end,
Company intends these ADR provisions to fully support the Consumer Due Process Protocol as
published by the American Arbitration Association (“AAA”). Each party shall be given adequate
notice of hearings and an opportunity to be heard and to present relevant evidence.
- ADR Administrator and Rules. Unless both Company and you otherwise agree in writing, any
mediation or arbitration under these ADR provisions of these Terms shall be administered by and
pursuant to the non-binding mediation or binding arbitration rules of the AAA concerning
consumer-related disputes in effect at the time a case is filed. Information on these rules can be
found on the AAA website (www.adr.org).
- ADR Process. Except in the case of a Small Claim, as defined below, you agree that any and all
Disputes between Company and you shall be submitted first to non-binding mediation. If the Dispute
is not resolved through mediation, you may then submit the Dispute for binding arbitration. You
agree that the arbitrator has been delegated the authority to determine any questions of
arbitrability. Further information on the ADR process may found on the AAA website (www.adr.org).
- Restrictions on Arbitration. Disputes shall be arbitrated on an individual basis. You have no
right to or authority for any Dispute to be arbitrated on a class action basis or in a purported
representative capacity on behalf of the general public or other persons or entities similarly
situated. The arbitrator’s authority to resolve disputes and to make awards is limited to Disputes
between you and Company alone. Furthermore, disputes brought by either you or Company against the
other may not be joined or consolidated in arbitration with disputes brought by or against any
third party unless agreed to in writing by all parties. No arbitration award or decision on any
Dispute shall be given preclusive effect as to issues or claims in any dispute with anyone who is
not a party to the arbitration. Should any portion of this Section 14 be stricken from these Terms
or deemed otherwise unenforceable, then this entire ADR Section 14 shall be stricken.
- 14.6 Small Claims. If your Dispute is for damages of less than the jurisdictional limit for
claims made in small claims court where you live (a “Small Claim”), you may elect to file your
Small Claim on a non-class/non-consolidated/non-representative basis in such small claims court
instead of submitting your Small Claim to the AAA for mediation or arbitration as required by
these Terms. If your Small Claim is unsuccessful in small claims court and you wish to further
pursue your Small Claim, you agree to submit your Small Claim to the AAA as a Dispute for binding
arbitration but not mediation under these Terms.
- Costs and Fees Imposed by AAA. You may be required to pay a filing fee when you file your
Dispute with the AAA. There is generally no fee to file a request to mediate with the AAA. There
is generally a filing fee required to file an arbitration request. You should contact the AAA to
determine what the filing fee is. The AAA also charges certain administrative costs and expenses
related to a mediation or arbitration. For example, the mediator or arbitrator selected by the
parties will need to be paid for their time and related travel expenses (if any). Except in cases
where the mediator or arbitrator determines that your Dispute is baseless, frivolous or was filed
with the principal purpose of being vexatious or to annoy, Company will be responsible for paying
all other fees or expenses related to the mediation or arbitration as imposed by the AAA above and
beyond the filing fees imposed on you by the AAA. You are responsible for paying your own
attorney’s fees if you choose to be represented by an attorney.
- Right to Representation. During the ADR process (either mediation or arbitration) you have the
right, at your own expense, to be represented by an attorney. The choice of whether to retain an
attorney and the costs and expenses of such attorney are entirely yours.
- Initiating the Dispute Resolution Process. Please contact your local small claims court clerk
for instructions on submitting your Small Claim to the small claims court. To submit your Dispute
to mediation (initial claims) or arbitration (appeals), please contact the AAA.
- Selection of Neutrals. Any mediation or arbitration filed with the AAA will be heard by an
independent and neutral third party (“Neutral”). As part of the ADR process, all parties are
entitled to a Neutral who is independent and impartial. Toward that end and pursuant to the AAA
rules for the selection of a Neutral, each party will be provided with a list of available
Neutrals by the AAA. Each party will be entitled to strike those Neutrals the party deems
unacceptable. The parties shall then rank the Neutrals remaining on their list. The AAA will
select the Neutral from the names remaining on the list starting with the highest mutually ranked
- Location of Mediation or Arbitration. In the case of face-to-face proceedings, such proceedings
will be conducted at a locale that is reasonably convenient to each party with due consideration
of each party’s ability to travel and other pertinent circumstances. If the parties are unable to
agree on a location, the determination will be made by the Neutral.
- Nature of Hearing. In some cases, the Neutral may find it more expeditious and/or less costly to
render an opinion based on written submissions only (no hearing) or based on a hearing conducted
telephonically. The Neutral shall always have discretionary authority as to whether to require a
face-to-face hearing at the request of either party.
- Remedies and Awards. The Neutral shall be empowered to grant whatever relief would be available
in court or in equity. In the case of arbitration, the decision of the Neutral and any award
granted to either party shall be final and binding but subject to review in accordance with
applicable statutes governing arbitration awards. In making the award, the Neutral should apply
any identified, pertinent contract terms, statutes and legal precedents. The Neutral shall also
provide a brief written explanation of the basis for any award at the time it is made.
The Terms and all content provided by Sleep Number are copyright ©2019 Sleep Number
Corporation. Any rights not expressly granted are herein reserved.
© 2019 Sleep Number Corporation