- Our retail stores
- Our websites, such as https://www.sleepnumber.com, https://itbed.sleepnumber.com and its subdomains (collectively, the “Website”)
- Our mobile applications, such as the SleepIQ® mobile application (collectively, the “App”)
- Any online feature, service, and/or program offered by Us
- Third party social media pages that We maintain
- Any email message that We send to You
- Any other location, occasion, or event where Your Information is collected by or on behalf of Us
- Any Sleep Number account online or SleepIQ user profiles (a “User Profile”) for You or a Child for whom you create a profile (online or in the App)
When We use the word “Us,” “We,” or “Our,” We mean Select Comfort Corporation, owner of the Sleep Number® retail stores, products and services. In addition, when We use the word “You” or “Your,” We mean you, as well as any child for which you are the parent or legal guardian for whom you create a User Profile (a “Child”). Capitalized terms are defined throughout these Terms.
These Terms are not applicable to any other web page operated and/or owned by any entity other than Us and Our affiliates, 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.
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.
- 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 is non-infringing of any third party’s intellectual property rights.
- Services Use and Content. You may view, download, copy or print a single copy of 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.
- 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).
- Privacy. We know that privacy is very important to You, and it is very important to Us as well. By using the Services, You consent to receive electronic communications from Us unless You follow applicable opt out procedures. We will communicate with You by email or by posting notices on Our Services. 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. Personal data that You provide regarding yourself will be handled in accordance with Our Privacy Notice located at https://www.sleepnumber.com/sn/en/privacy-policy.
- User Profile, Password and Security. To the extent that a User
Profile is created by You to access and use any of the Services, the following shall apply:
- User Profile. To access certain features and/or Content available through the Services, We may require the use of a username and password after setting up a User Profile. To use the App, You must provide Registration Data (as defined below). 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; (ii) ensure that You exit from Your User Profile at the end of each session; and (iii) use a security passcode to secure Your device where the App may be installed or Your User Profile information is stored. 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.
- 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, including, but not limited to, Your full name, physical address and email address (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then We have the right to suspend or terminate Your User Profile and refuse any and all current or future use of Your User Profile.
- 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 his or her username and password. We are entitled to act on all instructions received by anyone using Your User Profile.
- Account Deactivation. We reserve the right to deactivate or cancel a User Profile and/or Your access to the App in Our sole discretion, including for the following reasons: (i) You request such deactivation; (ii) You are deceased; (iii) You do not respond to repeated communication attempts regarding the status of Your User Profile or use of the App; (iv) You reside in or relocate to a country where use of a User Profile or the App is prohibited under applicable law; or (v) You act in a fraudulent or an inappropriate manner while using the User Profile or the App.
- Data Retention Policy, Managing Your Information. We may retain User Profile information and some automatically collected information for as long as You use Your User Profile and for a reasonable time thereafter, and We may store it in the aggregate. If You would like Us to delete Your User Profile information that You have provided, please contact Us at email@example.com and We will respond in a reasonable time. Information that You enter into the Services will generally remain there until We receive a legitimate request to remove it.
- 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. 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.
- Objectionable Material. You acknowledge that in using the Services and accessing the Content and Comments, 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.
- Not Intended For Children. The Services are not intended or designed to attract children under the age of thirteen (13). You will need to affirm that You are more than eighteen (18) years of age, or an emancipated minor, or possess parental or legal guardian consent, 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. With respect to the Services, We may collect, store, and use Information about a Child in connection with administering and operating Our Services, as more fully set forth in Our Privacy Notice.
- 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, THE CONTENT, AND THE COMMENTS 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, THE CONTENT, AND THE COMMENTS 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.
- 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 your Comments caused damage to a third party.
- 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 foregoing 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 data generated by and through the Services or any Sleep Number® bed or SleepIQ Kids® bed (each, a “Bed”) 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 Bed. Through Your use of the Services, You may have access to certain biometric and sleep-related data. Such data is not an equivalent or substitute for medical or scientific sleep monitoring analysis or techniques used by sleep doctors and scientists, such as polysomnography and actigraphy. You should not use such data as a substitute for medical care or diagnosis, including, without limitation, the proper supervision of either a medical condition or person. For example, nobody should use the Services or Bed to monitor a person of limited mobility or who is at risk of a fall to ensure that they remain in bed, or to monitor someone with sleep apnea to ensure they are breathing. We undertake no responsibility or liability with respect to use of such biometric and sleep-related data to ensure Your or any other person’s health or safety. You acknowledge and agree that the Services do not protect Your or any other person’s health or safety. If You rely on information provided by the Services or the Bed, You do so solely at Your own risk.
- 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 AND/OR COMMENTS PROVIDED IN CONNECTION WITH THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, THE CONTENT AND/OR COMMENTS 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.
- Third Party Content and Third Party Applications. 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.
Intellectual Property. The Content of the Services is intellectual property owned, controlled and/or licensed by Us and/or Our subsidiaries and affiliates, 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, or one of Our subsidiaries or affiliates. 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, or Our subsidiaries’ or affiliates’, 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.
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. Our Privacy Notice, located at https://www.sleepnumber.com/sn/en/privacy-policy does not protect information provided in these notices.
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.
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that We restore the removed or disabled content within ten (10) business days. If We do not receive notice that a lawsuit has been filed within ten (10) business days after We provide notice of the counter-notification, We will restore the removed or disabled materials. Until that time, Your materials will remain removed or disabled.
Notice of alleged infringement must be delivered to Our Designated DMCA Agent:
Gretchen A. Mitchell
Select Comfort Corporation
9800 59th Avenue N
Minneapolis, MN 55442
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 legal counsel.
- Terms and Conditions of Sale.
- Sale Terms. Your use of the Services will also be governed by Our Terms and Conditions of Sale (“Sale Terms”) located at https://www.sleepnumber.com/sn/en/terms-conditions. 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. We hope that You are completely satisfied with Your purchase. If You are not completely satisfied and wish to return or exchange an item purchased on the Website, please follow Our return policy. Any permissible return must first be authorized by Us. We can only accept returns from orders placed on the Website. Purchases made at retail locations or through another website must be returned to the original place of purchase.
- 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 Website are 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.
- Termination of Service. We may terminate Your right to access secured portions of the Services at any time, without notice, for conduct that We believe violates these Terms and/or is harmful to other users of the Services, to Us, to Our partners, to the contributors, to the business of Our Internet service provider, or to other information providers.
- Additional Remedies. You acknowledge that Your conduct that is 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.
- 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.
- 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.
- Disputes; Arbitration.
- Alternative Dispute Resolution. You understand and agree that by entering into these Terms, You and We are each waiving the right to trial by jury or to participate in a class action.
- Fundamental Fairness. We support the proposition that all parties to a dispute that are subject to these alternative dispute resolution (“ADR”) provisions are entitled to a fundamentally fair process. Toward that end, We intend these ADR provisions to fully support the Consumer Due Process Protocol as published by the American Arbitration Association (the “AAA”).
- ADR Administrator and Rules. Unless We both otherwise agree in writing, any arbitration or mediation under these Terms shall be administered by and pursuant to the non-binding arbitration or binding mediation rules of the AAA concerning consumer-related disputes in effect at the time a case is filed.
- ADR Process. Except in the case of a Small Claim, You agree that any and all disputes, claims, or controversies arising out of or related to the Services or Your use thereof or these Terms, including any claims under any regulation or statue (“Claim”), shall be submitted first to non-binding mediation. If the Claim is not resolved through mediation, You may then submit Your Claim for binding arbitration. Contact the AAA or Us if You want further information on the ADR process.
- Restrictions on Arbitration. Disputes are arbitrated on an individual basis. There shall be 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 Us alone and is subject to Section 25 (Limitation of Liability) of the EULA. Furthermore, disputes brought by either You or Us 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 19(e) be stricken from these Terms or deemed otherwise unenforceable, then this entire Alternative Dispute Resolution section shall be stricken from these Terms.
- Small Claims. If Your Claim qualifies to be brought 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 arbitration or mediation as required by these Terms. If Your Small Claim is unsuccessful in small claims court and You desire and have the right to further pursue Your Small Claim, You agree to submit Your Small Claim to the AAA for binding arbitration but not mediation under these Terms.
- Costs and Fees Imposed by AAA. Generally speaking, there is 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 amount of the filing fee. The AAA also charges certain administrative costs and expenses related to an arbitration or a mediation. For example, the arbitrators or mediators selected by the parties shall need to be paid for their time and related travel expenses (if any). Except in cases where the arbitrator or mediator determines that Your Claim is frivolous or was filed with the sole purpose of being vexatious or to annoy, We shall be responsible for paying all fees or expenses related to the arbitration or mediation payable to and as imposed 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 arbitration or mediation), 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 shall be Your responsibility.
- Initiating a Claim. Please contact Your local small claims court clerk for instructions on submitting Your Small Claim to the small claims court. To submit Your Small Claim to mediation (initial claims) or arbitration (appeals), please contact the AAA.
- Selection of Neutrals. Any arbitration or mediation filed with the AAA shall be heard by an independent and neutral third party (a “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 shall be provided with a list of available Neutrals by the AAA. Each party shall be entitled to strike those Neutrals the party deems unacceptable. The parties shall then rank the Neutrals remaining on their list. The AAA shall select the Neutral from the names remaining on the list starting with the highest mutually ranked Neutral.
- Location of Arbitration or Mediation. In the case of face-to-face proceedings, such proceedings shall 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 shall be made by the Neutral.
- Fundamental Fairness. All parties shall be entitled to a fundamentally fair ADR process and hearing. Each party shall be given adequate notice of hearings and an opportunity to be heard and to present relevant evidence to the Neutral. The Neutral is empowered to facilitate the exchange of information between the parties during any arbitration and prior to any hearing.
- 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.
- Export Restrictions. Any software and all underlying information and technology downloaded or viewed from Our Website or in connection with the Services (collectively, the “Software or Technical Data”) by You may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), 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, the Comments and any of Our products, including, but not limited to, the Software or 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 of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied Your export privileges.
Provisions Relating to Apple. Although You can download the App through the Apple Store App and use the App on Apple iPhones, iPods, iPads or other Apple devices pursuant to the limited, non-transferable license to use the App on Your Apple device, We, and not Apple, are solely responsible for the App and the content of the App. Apple is not responsible for: (1) the content of the App; (2) providing maintenance or support services for the App; (3) any product warranties, whether express or implied by law, or other warranty obligations (except as set forth below); (4) any claims, including product liability claims, losses, liabilities, damages, cost, or expenses attributable to any failure of the App to conform to any warranty or failure to conform to any applicable legal or regulatory requirement, or arising out of consumer protection or other similar legislation; and (5) the investigation, defense, settlement and discharge of any intellectual property claim brought by a third party against You or Us. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple and Apple will refund the purchase price for the App to You, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the App.
By agreeing to these terms relating to Apple, You acknowledge and agree that You are only using the App on an Apple device that You own or control, and You are using it as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. You further acknowledge and agree that Apple, and its subsidiaries, will have the right (and will be deemed to have accepted the right) to enforce these terms as a third party beneficiary thereof. You represent and warrant to Apple that (i) You are not located in a country that is subject to a U.S. Government embargo or that is designated as a “terrorist supporting country”; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- End User License Agreement. Your use of the Services will also be governed by Our SleepIQ End User License Agreement (“EULA”) at https://www.sleepnumber.com/sn/en/sleepiq-end-user-agreement. The terms of the EULA are hereby incorporated into these Terms by reference. You are responsible for reading, understanding, and abiding by the terms of the EULA.
- Customer Comments. By submitting comments, information or feedback to Us through email and/or the Services, You agree that the information submitted will be subject to Our Privacy Notice located at https://www.sleepnumber.com/sn/en/privacy-policy Any communication or material other than Your personal data that You submit to Us by electronic mail, including questions, comments, suggestions and ideas, is Our exclusive property and is considered non-confidential and non-proprietary, and We may use them for any purpose whatsoever without restriction or compensation to You.
Your Consent To This Agreement
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 for all previously collected information and information collected from You in the future. If You have additional questions or comments of any kind, or if You see anything on the Services that You think is inappropriate, please let Us know by sending Your comments or requests to:
Select Comfort Corporation
9800 59th Avenue North
Minneapolis, MN 55442
Copyright © 2017. Select Comfort Corporation. All Rights Reserved.
Effective as of: May 17, 2017
Last updated: May 17, 2017