Individuals who opt in to the Casper Text Message Program (“Program”) may receive recurring, promotional, autodialed SMS, MMS, and/or RCS text messages (collectively, “Texts”) that may include information about our products, promotions, sales, and other content (including cart reminders and generative AI content or interactions) sent by Casper (“we,” “our,” “us”). By signing up to receive Texts, you agree to be bound by these Terms and Conditions (“Terms”), our general Terms and Conditions, and our Privacy Policy.
General Information
- By enrolling to receive Texts, you certify that (1) you are the age of majority in the jurisdiction in which you reside, (2) you are the account holder of the mobile number you are enrolling (or you have the account holder’s permission to enroll the number), and (3) you agree to the practices described in these Terms, in our general Terms and Conditions, and in our Privacy Policy.
- We do not charge you for Texts, however, message and data rates may apply. Depending on your text and data plan, you may be charged by your carrier to receive Texts. The number of Texts you receive may vary depending on your interactions with us. Consent to receive marketing Texts is not required as a condition of purchasing any goods or services.
- You agree to maintain accurate, complete, and up-to-date information with us, including by emailing us immediately at support@casper.com if you cease being the account holder or no longer have the account holder’s permission to receive Texts at the mobile number you enrolled to receive Texts.
- Autodialers may be used to send the Texts to the mobile phone number you enroll. By signing up to receive Texts, you agree to receive Texts via autodialer technology.
Messaging
- To stop receiving Texts, simply respond by texting “STOP” to any Text(s) you have received. You can also text “HELP” if you need assistance.
- We do not guarantee availability or performance of text messaging services and are not responsible for delays related to the transmission of Texts or for undelivered Texts.
Compatible Mobile Carriers
- Texts may not be available in all areas or supported by all carriers or all devices. Supported carriers include AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, MetroPCS, and other regional carriers.
More Information About Our Use of Generative AI Technologies
Some of the Texts you may receive through the Program are prepared and/or sent using generative AI technologies. Please do not provide confidential or proprietary information via Texts. Use of the Program is for general information only; please understand that information, decisions, or advice provided through the Program or any materials retrieved therefrom, including those relating to any third party, have not been reviewed for content or accuracy.
Dispute Resolution
The following terms govern all disputes, claims, and causes of action arising out of or relating to the Program (collectively, “Disputes”). References to “Casper”, “you”, “we”, and “us” in this dispute resolution provision include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future parents, subsidiaries and affiliates; those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises.
- Class Action Waiver / Jury Trial Waiver
You and Casper agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and Casper may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and Casper may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. This provision shall not be construed as a waiver of your right to seek public injunctive relief under California law to the extent such right may otherwise be available to you.
You and Casper agree that all Disputes shall be resolved by a judge rather than a jury, and each party irrevocably and unconditionally waives any right we or you may have to a trial by jury.
You agree to bring any and all Disputes against us within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.
All Disputes must be litigated in a federal or state court in New York County, New York. You consent and submit to the exclusive jurisdiction of the state and federal courts in and for New York County, New York.
Contact Us
- You may contact us by emailing support@casper.com.
