

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.
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.
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.
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.