Read Terms Below for Casper Sleep 10 Year Limited Mattress Warranty
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Note: Products sold as “Final Sale” or “Clearance” items may be covered by shorter warranty terms than those stated below. Please refer to the “Final Sale and Clearance Items” section below for further details about a particular Product’s warranty terms.
Casper Sleep 10 Year Limited Mattress Warranty
Your new Casper mattress is covered by a 10 year limited warranty (the “Mattress Warranty”). This limited Mattress Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. Products covered by this limited Mattress Warranty
This limited Mattress Warranty extends to mattresses manufactured by Casper Sleep Inc. (“Casper”), purchased directly from Casper or Casper’s authorized retailers, and located in the United States (not including US territories) or Canada (the “Mattresses”). Some parts of this limited Mattress Warranty also extend to covers sold with Mattresses (“Mattress Covers”). This limited Mattress Warranty does not extend to Clearance Mattresses (please see Final Sale and Clearance Items for more details).
Mattresses are designed to work on a firm, solid-surface, on a bed base that is structurally capable of supporting the weight of the Mattress and user(s). This Mattress Warranty does not cover your Product if you use it in a manner incompatible with that intended design.
B. Who this Mattress Warranty extends to
This limited Mattress Warranty extends to the original purchaser of any Mattress who is located in the United States (not including US territories) or Canada. Customers who purchased their Mattresses through Casper’s trade program and use those Mattresses for commercial purposes (for example, in a hotel or store) are “Trade Customers.”
All Casper warranties, including any implied warranties, are valid only for the period of time the Mattress is owned by the original purchaser of the Mattress. The “original purchaser,” for the purposes of this Mattress Warranty, is the first purchaser of the Mattress from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.
C. Casper's limited Mattress Warranty and responsibilities
Casper warrants the Mattress in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 10 years from the time your Mattress is purchased by you, when the Mattress is used normally for its intended purposes in the home and on a bed base that is structurally capable of supporting the weight of the Mattress and user(s).
Notwithstanding the foregoing, with respect to Trade Customers only, the limited warranty period shall be 3 years.
D. What this limited Mattress Warranty covers
This limited Mattress Warranty applies to the following Defects:
- Deterioration causing the Mattress to have a visible indentation greater than one (1) inch that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable bed base. Normal wear requires that a Mattress be continuously supported by a matching foundation or adjustable bed base with a proper bed frame sufficient to support the collective weight of the Mattress and foundation.
- Any physical flaw in the Mattress that causes the foam material to split or crack, despite normal usage and proper handling.
- Any manufacturing defect in the zipper assembly of the Mattress Cover.
This limited Mattress Warranty does not cover the following:
- A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress.
- Comfort preference.
- Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
- Damage caused by commercial use, such as in a hotel or store – unless you are a Trade Customer.
- Replacement of any non-defective pieces in the Casper sleep system (for example, if you purchase a mattress with multiple components and only one component is defective, then we will only replace the defective component).
- Any mattress (whether manufactured by Casper or not) sold by resellers who are not authorized retailers.
- Mattresses sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Mattress is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Mattress Warranty will be, at Casper’s option, to provide a repaired or replacement Mattress or Mattress Cover, subject to your fulfillment of “Your Responsibilities” below. Replacement Mattress Covers may be provided in a color different from the Mattress Cover you originally purchased.
E. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Mattress Warranty, you must return your Mattresses or Mattress Cover to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Mattress, you will not be responsible for those costs.
Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Mattress Warranty.
If you wish to replace your Mattress with a more expensive Mattress (an “Upgrade Mattress”), then please e-mail Casper at the e-mail address set forth at the end of this limited Mattress Warranty. You will be required to pay the difference between the original purchase price of the Mattress and that of the Upgrade Mattress, plus the cost of any related additional system pieces necessary for such Upgrade Mattress.
Casper will repair or replace (as applicable) and ship your Mattress or Upgrade Mattress back to you.
Replaced or repaired Mattresses are subject to the same limited Mattress Warranty as the original Mattress. If you obtain a replaced or repaired Mattress, the warranty term of the replaced or repaired Mattress begins from the date of purchase of the original Mattress. If you purchase an Upgrade Mattress, a new warranty term will begin upon the purchase of the Upgrade Mattress.
F. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED MATTRESS WARRANTY, IN NO EVENT WILL CASPER OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G. Arbitration
Generally. You and Casper agree that you and Casper will resolve any dispute arising out of or in any way related to this Mattress Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products through binding arbitration, as fully set forth in the Casper Terms and Conditions found at casper.com/terms, and as stated herein. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Mattress Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Mattress Warranty. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CASPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this arbitration agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court or (b) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Casper will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these arbitration terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Casper. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail and electronic mail (“Notice”). Casper’s address for Notice is: 175 Greenwich St., Floor 40, New York, NY 10007 and legal@casper.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Casper may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Casper must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Casper will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Casper in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with this provision, Casper will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Casper for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND CASPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Casper agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding and may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration agreement will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this Mattress Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products.
Choice of Law; Venue. This Mattress Warranty will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under this Mattress Warranty, then you and Casper agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York, New York.
H. Governing law
This limited Mattress Warranty will be governed by the laws of the State of New York.
I. Warrantor
Casper Sleep 1 Year Limited Sheets Warranty
Your new Casper Sheets are covered by a 1 year limited warranty (the "Sheets Warranty"). This limited Sheets Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. Products covered by this limited Sheets Warranty
This limited Sheets Warranty extends to Sheets manufactured by Casper, purchased directly from Casper or Casper’s authorized retailers, and located in the United States (not including US territories) or Canada (the “Sheets”).
B. Who this Sheets Warranty extends to
This limited Sheets Warranty extends to the original purchaser of any Sheets who is located in the United States (not including US territories) or Canada. The limited Sheets warranty does not extend to customers who purchased their Sheets through Casper’s trade program and use those Sheets for commercial purposes (for example, in a hotel or store).
All Casper warranties, including any implied warranties, are valid only for the period of time the Sheets is owned by the original purchaser of the Sheets. The “original purchaser,” for the purposes of this Sheets Warranty, is the first purchaser of the Sheets from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.
C. Casper's limited Sheets Warranty and responsibilities
Casper warrants the Sheets in its original packaging sold to you against defects in material and workmanship set forth below (“Defects”) for a period of 1 year from the time your Sheets are purchased by you, when the Sheets are used normally for their intended purposes in the home.
D. What this limited Sheets Warranty covers
This limited Sheets Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.
This limited Sheets Warranty does not cover the following:
- Normal wear and tear as a result of washing and intended use.
- Comfort preference.
- Physical abuse or damage to the Sheets, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
- Damage caused by commercial use, such as in a hotel or store.
- Any Sheets (whether manufactured by Casper or not) sold by resellers who are not authorized retailers.
In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Sheets Warranty will be, at Casper’s option, to provide a replacement Sheets, subject to your fulfillment of “Your Responsibilities” below.
E. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Sheets Warranty, you must return your Sheets to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Sheets, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Sheets Warranty. In the event of a Defect, Casper will ship replacement sheets (if applicable) to you.
Replacement Sheets are subject to the same limited Sheets Warranty as the original Sheets. If you obtain replacement Sheets, the warranty term of the replaced Sheets begins from the date of purchase of the original Sheets.
F. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SHEETS ARE PROVIDED “AS IS” AND THIS LIMITED SHEETS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED SHEETS WARRANTY, IN NO EVENT WILL CASPER OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE SHEETS OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE SHEETS GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G. Arbitration
Generally. You and Casper agree that you and Casper will resolve any dispute arising out of or in any way related to this Sheet Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products through binding arbitration, as fully set forth in the Casper Terms and Conditions found at casper.com/terms, and as stated herein. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Sheet Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Sheet Warranty. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CASPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this arbitration agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court or (b) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Casper will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these arbitration terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Casper. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail and electronic mail (“Notice”). Casper’s address for Notice is: 175 Greenwich St., Floor 40, New York, NY 10007 and legal@casper.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Casper may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Casper must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Casper will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Casper in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with this provision, Casper will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Casper for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND CASPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Casper agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding and may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration agreement will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this Sheet Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products.
Choice of Law; Venue. This Sheet Warranty will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under this Sheet Warranty, then you and Casper agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York, New York.
H. Governing law
This limited Sheets Warranty will be governed by the laws of the State of New York.
I. Warrantor
Casper Sleep 1 Year Limited Pillow Warranty
Your new Casper pillow is covered by a 1 year limited warranty (the “Pillow Warranty”). This limited Pillow Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. The Casper Pillow Warranty was last updated on 7/30/2019.
A. Products covered by this limited Pillow Warranty
This limited Pillow Warranty extends to pillows manufactured by Casper and purchased directly from Casper or Casper’s authorized retailers located in the United States (not including US territories) or Canada (the “Pillows”).
B. Who this Pillow Warranty extends to
This limited Pillow Warranty extends to the original purchaser of any Pillow who is located in the United States (not including US territories) or Canada. The limited Pillow Warranty does not extend to customers who purchased their Pillows through Casper’s trade program and use those Pillows for commercial purposes (for example, in a hotel or store).
All Casper warranties, including any implied warranties, are valid only for the period of time the Pillow is owned by the original purchaser of the Pillow. The “original purchaser,” for the purposes of this Pillow Warranty, is the first purchaser of the Pillow from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.
C. Casper's limited Pillow Warranty and responsibilities
Casper warrants the Pillow in its original packaging sold to you against defects in material and workmanship set forth below (“Defects”) for a period of 1 year from the time your Pillow is purchased by you, when the Pillow is used normally for its intended purposes in the home.
D. What this limited Pillow Warranty covers
This limited Pillow Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.
This limited Pillow Warranty does not cover the following:
- Normal increases in softening and settling of materials, or any other normal wear and tear.
- Comfort preference.
- Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
- Damage caused by commercial use, such as in a hotel or store.
- Any Pillow (whether manufactured by Casper or not) sold by resellers who are not authorized retailers.
In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Pillow Warranty will be, at Casper’s option, to provide a repaired or replacement Pillow or Pillow Cover, subject to your fulfillment of “Your Responsibilities” below.
E. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Pillow Warranty, you must return your Pillow to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Pillow, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Pillow Warranty. Casper will repair or replace (as applicable) and ship your Pillow back to you.
Replaced or repaired Pillows are subject to the same limited Pillow Warranty as the original Pillow. If you obtain a replaced or repaired Pillow, the warranty term of the replaced or repaired Pillow begins from the date of purchase of the original Pillow.
F. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PILLOW IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED PILLOW WARRANTY, IN NO EVENT WILL CASPER OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PILLOW OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PILLOW GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G. Arbitration
Generally. You and Casper agree that you and Casper will resolve any dispute arising out of or in any way related to this Pillow Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products through binding arbitration, as fully set forth in the Casper Terms and Conditions found at casper.com/terms, and as stated herein. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Pillow Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Pillow Warranty. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CASPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this arbitration agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court or (b) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Casper will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these arbitration terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Casper. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail and electronic mail (“Notice”). Casper’s address for Notice is: 175 Greenwich St., Floor 40, New York, NY 10007 and legal@casper.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Casper may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Casper must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Casper will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Casper in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with this provision, Casper will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Casper for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND CASPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Casper agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding and may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration agreement will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this Pillow Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products.
Choice of Law; Venue. This Pillow Warranty will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under this Pillow Warranty, then you and Casper agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York, New York.
H. Governing law
This limited Pillow Warranty will be governed by the laws of the State of New York.
I. Warrantor
Casper Sleep 5 Year Limited Mattress Topper Warranty
Your new Casper mattress topper is covered by a 5 year limited warranty (the “Mattress Topper Warranty”). This limited Mattress Topper Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. Products covered by this limited Mattress Topper Warranty
This limited Mattress Topper Warranty extends to premium mattresses toppers manufactured by Casper Sleep Inc. (“Casper”), purchased directly from Casper or Casper’s authorized retailers, and located in the United States (not including US territories) or Canada (the “Mattresses Toppers”).
Mattress Toppers are designed to work on a mattress that is the same size as and structurally capable of supporting the weight of the Mattress Topper and user(s). This Mattress Topper Warranty does not cover your Product if you use it in a manner incompatible with that intended design.
B. Who this Mattress Topper Warranty extends to
This limited Mattress Topper Warranty extends to the original purchaser of any Mattress Topper who is located in the United States (not including US territories) or Canada. Customers who purchased their Mattress Topper through Casper’s trade program and use those Mattress Toppers for commercial purposes (for example, in a hotel or store) are “Trade Customers.”
All Casper warranties, including any implied warranties, are valid only for the period of time the Mattress Topper is owned by the original purchaser of the Mattress Topper. The “original purchaser,” for the purposes of this Mattress Topper Warranty, is the first purchaser of the Mattress Topper from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.
C. Casper's limited Mattress Topper Warranty and responsibilities
Casper warrants the Mattress Topper in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 5 years from the time your Mattress Topper is purchased by you, when the Mattress Topper is used normally for its intended purposes in the home and on a mattress that is the same size as and structurally capable of supporting the weight of the Mattress Topper and user(s).
Notwithstanding the foregoing, with respect to Trade Customers only, the limited warranty period shall be 3 years.
D. What this limited Mattress Topper Warranty covers
This limited Pillow Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.
This limited Mattress Topper Warranty applies to the following Defects:
- Deterioration causing the Mattress Topper to have a visible indentation greater than one (1) inch that is not associated with an indentation or sag which results from use of an improper or unsupportive mattress, foundation or adjustable bed base. Normal wear requires that a Mattress Topper be continuously supported by a matching mattress on top of a proper foundation, adjustable bed base or bed frame sufficient to support the collective weight of the Mattress Topper, the mattress and user.
- Any physical flaw in the Mattress Topper that causes the foam material to split or crack, despite normal usage and proper handling.
- Any manufacturing defect in the zipper assembly of the Mattress Topper Cover.
This limited Mattress Topper does not cover the following:
- A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress Topper.
- Comfort preference.
- Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
- Damage caused by commercial use, such as in a hotel or store – unless you are a Trade Customer.
- Any Mattress Topper (whether manufactured by Casper or not) sold by resellers who are not authorized retailers.
- Mattress Toppers sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Mattress Topper is not “new” or of “first quality”, or has previously been purchased or used by another consumer.
In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Mattress Topper will be, at Casper’s option, to provide a repaired or replacement Mattress Topper or Mattress Topper Cover, subject to your fulfillment of “Your Responsibilities” below. Replacement Mattress Topper Covers may be provided in a color different from the Mattress Topper Cover you originally purchased.
E. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Mattress Topper Warranty, you must return your Mattress Topper or Mattress Topper Cover to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Mattress Topper, you will not be responsible for those costs.
Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Mattress Topper Warranty.
Casper will repair or replace (as applicable) and ship your Mattress Topper back to you.
Replaced or repaired Mattress Toppers are subject to the same limited Mattress Topper Warranty as the original Mattress Topper. If you obtain a replaced or repaired Mattress Topper, the warranty term of the replaced or repaired Mattress Topper begins from the date of purchase of the original Mattress. If you purchase an Upgrade Mattress Topper, a new warranty term will begin upon the purchase of the Upgrade Mattress Topper.
F. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS TOPPER IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED MATTRESS TOPPER WARRANTY, IN NO EVENT WILL CASPER OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS TOPPER OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS TOPPER GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G. Arbitration
Generally. You and Casper agree that you and Casper will resolve any dispute arising out of or in any way related to this Mattress Topper Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products through binding arbitration, as fully set forth in the Casper Terms and Conditions found at casper.com/terms, and as stated herein. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Mattress Topper Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Mattress Topper Warranty. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CASPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this arbitration agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court or (b) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Casper will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these arbitration terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Casper. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail and electronic mail (“Notice”). Casper’s address for Notice is: 175 Greenwich St., Floor 40, New York, NY 10007 and legal@casper.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Casper may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Casper must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Casper will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Casper in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with this provision, Casper will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Casper for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND CASPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Casper agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding and may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration agreement will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this Mattress Topper Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products.
Choice of Law; Venue. This Mattress Topper Warranty will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under this Mattress Topper Warranty, then you and Casper agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York, New York.
H. Governing law
This limited Mattress Topper Warranty will be governed by the laws of the State of New York.
I. Warrantor
Casper Sleep 1 Year Limited Dog Bed Warranty
Your new Casper Dog Bed, and any replacement covers you may purchase for your Dog Bed (each a “Dog Mattress Cover”), are covered by a 1 year limited warranty (the "Dog Bed Warranty"). This limited Dog Bed Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. Products covered by this limited Dog Bed Warranty
This limited Dog Bed Warranty extends to the dog bed mattress (the “Dog Mattress”) and the Dog Mattress Cover manufactured by Casper, purchased directly from Casper or Casper’s authorized retailers, and located in the United States (not including US territories) or Canada (the “Dog Beds”).
B. Who this Dog Bed Warranty extends to
This limited Dog Bed Warranty extends to the original purchaser of any Dog Bed who is located in the United States (not including US territories) or Canada. The limited Dog Bed Warranty does not extend to customers who purchased their Dog Beds through Casper’s trade program and use those Dog Beds for commercial purposes (for example, in a hotel or store).
All Casper warranties, including any implied warranties, are valid only for the period of time the Dog Bed is owned by the original purchaser of the Dog Bed. The “original purchaser,” for the purposes of this Dog Bed Warranty, is the first purchaser of the Dog Mattress from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable. All Casper limited warranties are not transferable.
C. Casper's limited Dog Bed Warranty and responsibilities
Casper warrants the Dog Bed or any Dog Mattress Cover in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 1 year from the time your Dog Bed or Dog Mattress Cover is purchased by you, when the Dog Bed or Dog Mattress Cover is used normally for its intended purposes in the home.
D. What this limited Dog Bed Warranty covers
This limited Dog Bed Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.
This limited Dog Bed Warranty does not cover the following:
- Normal wear and tear as a result of washing and intended use.
- Comfort preference.
- Physical abuse or damage to the Dog Mattress or Dog Mattress Cover, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
- Damage caused by commercial use, such as in a hotel or store.
- Any Dog Bed or Dog Mattress Cover (whether manufactured by Casper or not) sold by resellers who are not authorized retailers.
In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Dog Bed Warranty will be, at Casper’s option, to provide a replacement Dog Bed, or Dog Mattress Cover (if applicable), subject to your fulfillment of “Your Responsibilities” below.
E. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Dog Bed Warranty, you must return your Dog Bed or Dog Mattress Cover to Casper and, in the case of the Dog Bed, provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Dog Bed or Dog Mattress Cover, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Dog Bed Warranty. In the event of a Defect, Casper will ship replacement Dog Bed or Dog Mattress Cover (if applicable) to you.
Replaced Dog Beds or Dog Mattress Covers are subject to the same limited Dog Bed Warranty as the original Dog Bed. If you obtain a replacement Dog Bed or Dog Mattress Cover, the warranty term of the replaced Dog Bed or Dog Mattress Cover begins from the date of purchase of the original Dog Bed.
F. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DOG BED AND/OR DOG MATTRESS COVER IS PROVIDED “AS IS” AND THIS LIMITED DOG BED WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED DOG BED WARRANTY, IN NO EVENT WILL CASPER OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE DOG BED OR DOG MATTRESS COVER OR THEIR USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE DOG BED GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G. Arbitration
Generally. You and Casper agree that you and Casper will resolve any dispute arising out of or in any way related to this Dog Bed Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products through binding arbitration, as fully set forth in the Casper Terms and Conditions found at casper.com/terms, and as stated herein. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Dog Bed Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Dog Bed Warranty. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CASPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this arbitration agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court or (b) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Casper will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these arbitration terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Casper. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail and electronic mail (“Notice”). Casper’s address for Notice is: 175 Greenwich St., Floor 40, New York, NY 10007 and legal@casper.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Casper may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Casper must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Casper will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Casper in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with this provision, Casper will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Casper for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND CASPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Casper agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding and may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration agreement will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this Dog Bed Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products.
Choice of Law; Venue. This Dog Bed Warranty will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under this Dog Bed Warranty, then you and Casper agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York, New York.
H. Governing law
This limited Dog Bed Warranty will be governed by the laws of the State of New York.
I. Warrantor
Casper Sleep 1 Year Limited Protector Warranty
Your new Casper Protector is covered by a 1 year limited warranty (the “Protector Warranty”). This limited Protector Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. Products covered by this limited Protector Warranty
This limited Protector Warranty extends to Protectors manufactured by Casper, purchased directly from Casper or Casper’s authorized retailers, and and located in the United States (not including US territories) or Canada (the “Protectors”).
B. Who this Protector Warranty extends to
This limited Protector Warranty extends to the original purchaser of any Protector who is located in the United States (not including US territories) or Canada. This limited Protector Warranty does not extend to customers who purchased their Protectors through Casper’s trade program and use those Protectors for commercial purposes (for example, in a hotel or store).
All Casper warranties, including any implied warranties, are valid only for the period of time the Protector is owned by the original purchaser of the Protector. The “original purchaser,” for the purposes of this Protector Warranty, is the first purchaser of the Protector from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.
C. Casper's limited Protector Warranty and responsibilities
Casper warrants the Protector in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 1 year from the time your Protector are purchased by you, when the Protector are used normally for their intended purposes in the home.
D. What this limited Protector Warranty covers
This limited Protector Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.
This limited Protector Warranty does not cover the following:
- Normal wear and tear as a result of washing and intended use.
- Comfort preference.
- Physical abuse or damage to the Protector, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
- Damage caused by commercial use, such as in a hotel or store.
- Any Protector (whether manufactured by Casper or not) sold by resellers who are not authorized retailers.
In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Protector Warranty will be, at Casper’s option, to provide a replacement Protector, subject to your fulfillment of “Your Responsibilities” below.
E. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Protector Warranty, you must return your Protector to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Protector, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Protector Warranty. In the event of a Defect, Casper will ship a replacement Protector to you.
A replaced Protector is subject to the same limited Protector Warranty as the original Protector. If you obtain replacement Protector, the warranty term of the replaced Protector begins from the date of purchase of the original Protector.
F. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PROTECTOR ARE PROVIDED “AS IS” AND THIS LIMITED PROTECTOR WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED PROTECTOR WARRANTY, IN NO EVENT WILL CASPER OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PROTECTOR OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PROTECTOR GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G. Arbitration
Generally. You and Casper agree that you and Casper will resolve any dispute arising out of or in any way related to this Protector Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products through binding arbitration, as fully set forth in the Casper Terms and Conditions found at casper.com/terms, and as stated herein. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Protector Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Protector Warranty. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CASPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this arbitration agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court or (b) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Casper will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these arbitration terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Casper. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail and electronic mail (“Notice”). Casper’s address for Notice is: 175 Greenwich St., Floor 40, New York, NY 10007 and legal@casper.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Casper may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Casper must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Casper will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Casper in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with this provision, Casper will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Casper for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND CASPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Casper agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding and may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration agreement will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this Protector Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products.
Choice of Law; Venue. This Protector Warranty will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under this Protector Warranty, then you and Casper agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York, New York.
H. Governing law
This limited Protector Warranty will be governed by the laws of the State of New York.
I. Warrantor
Casper Sleep 1 Year Limited Duvet and Blanket Warranty
Your Casper duvet, blanket or quilt is covered by a 1 year limited warranty (the “Duvet and Blanket Warranty”). This limited Duvet and Blanket Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. Products covered by this limited Duvet and Blanket Warranty
This limited Duvet and Blanket Warranty extends to quilts, blankets and duvet inserts manufactured by Casper, purchased directly from Casper or Casper’s authorized retailers, and located in the United States (not including US territories) or Canada (each, a “Duvet”).
B. Who this Duvet and Blanket Warranty extends to
This limited Duvet and Blanket Warranty extends to the original purchaser of a Duvet who is located in the United States (not including US territories) or Canada. This limited Duvet and Blanket Warranty does not extend to customers who purchased their Duvets through Casper’s trade program and use those Duvets for commercial purposes (for example, in a hotel or store).
All Casper warranties, including any implied warranties, are valid only for the period of time the Duvet is owned by the original purchaser. The “original purchaser,” for the purposes of this Duvet and Blanket Warranty, is the first purchaser of the Duvet from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.
C. Casper's limited Duvet and Blanket Warranty and responsibilities
Casper warrants the Duvet in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 1 years from the time you purchased your Duvet, provided that during that time the Duvet is used normally for its intended purposes in the home.
D. What this limited Duvet and Blanket Warranty covers
This limited Duvet and Blanket Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.
This limited Duvet and Blanket Warranty does not cover the following:
- Normal wear and tear as a result of washing and intended use.
- Comfort preference.
- Damage cause by physical abuse, negligence, improper installation or misuse.
- Damage caused commercial use, such as in a hotel or store.
- Damage cause by Acts of God or other natural forces.
- Replacement of any non-defective pieces of the Duvet (for example, if you one component of the Duvet is defective, then we will replace the defective component only).
- Any Duvet sold by resellers who are not authorized retailers of Casper Duvets.
In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Duvet and Blanket Warranty will be, at Casper’s option, to provide a replacement Duvet, subject to your fulfillment of “Your Responsibilities” below.
E. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Duvet and Blanket Warranty, you must return your Duvet to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Duvet, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Duvet and Blanket Warranty. In the event of a Defect, Casper will ship a replacement Duvet to you.
A replaced Duvet is subject to the same limited Duvet and Blanket Warranty as the original Duvet. If you obtain replacement Duvet, the warranty term of the replaced Duvet begins from the date of purchase of the original Duvet.
F. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DUVET IS PROVIDED “AS IS” AND THIS LIMITED DUVET WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED DUVET WARRANTY, IN NO EVENT WILL CASPER OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE DUVET OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE DUVET GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G. Arbitration
Generally. You and Casper agree that you and Casper will resolve any dispute arising out of or in any way related to this Duvet and Blanket Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products through binding arbitration, as fully set forth in the Casper Terms and Conditions found at casper.com/terms, and as stated herein. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Duvet and Blanket Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Duvet and Blanket Warranty. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CASPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this arbitration agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court or (b) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Casper will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these arbitration terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Casper. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail and electronic mail (“Notice”). Casper’s address for Notice is: 175 Greenwich St., Floor 40, New York, NY 10007 and legal@casper.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Casper may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Casper must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Casper will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Casper in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with this provision, Casper will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Casper for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND CASPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Casper agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding and may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration agreement will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this Duvet and Blanket Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products.
Choice of Law; Venue. This Duvet and Blanket Warranty will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under this Duvet and Blanket Warranty, then you and Casper agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York, New York.
H. Governing law
This limited Duvet and Blanket Warranty will be governed by the laws of the State of New York.
I. Warrantor
Casper Sleep 10 Year Limited Adjustable Base Warranty
Your Casper Adjustable Base is covered by a 10 year limited warranty (the “Adjustable Base Warranty”). This limited Adjustable Base Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. Products covered by this limited Adjustable Base Warranty
This limited Adjustable Base Warranty extends to adjustable bases purchased directly from Casper or Casper’s authorized retailers, and located in the United States (not including US territories) or Canada (the “Adjustable Bases”).
B. Who this limited Adjustable Base Warranty extends to
This limited Adjustable Base Warranty extends to the original purchaser of any Adjustable Base who is located in the United States (not including US territories) or Canada. Customers who purchased their Adjustable Bases through Casper’s trade program and use those Adjustable Bases for commercial purposes (for example, in a hotel or store) are “Trade Customers.”
All Casper warranties, including any implied warranties, are valid only for the period of time the adjustable is owned by the original purchaser of the Adjustable Base. The “original purchaser,” for the purposes of this Adjustable Base Warranty, is the first purchaser of the Adjustable Base from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.
C. Casper's limited Adjustable Base Warranty and responsibilities
Casper warrants the Casper Adjustable Base in its original packaging sold to you against certain defects in material and workmanship for specific periods of time as set forth below when the Adjustable Base is used normally for its intended purposes in the home.
Notwithstanding the foregoing, with respect to Trade Customers only, the limited warranty period shall be three (3) years.
D. What this limited Adjustable Base Warranty covers and your responsibilities
Years 1-2: Full coverage parts and labor warranty. Your Adjustable Base is warranted against defects in the equipment, including electronic parts, or materials for a period of up to one two (2) years from the date of purchase for an Adjustable Base bought new. At no cost to purchaser, Casper will assist purchaser to arrange for the repair or replacement of any defective part through the customer service team of the manufacturer of the Adjustable Base, who will provide technical and onsite support, and any related labor. If no repair is possible, Casper will provide a replacement Adjustable Base and will dispose of the original Adjustable Base, in each case, at no cost to the purchaser.
Years 3 on: Limited Warranty. If a defect occurs with respect to an Adjustable Base part other than the Metal Frame Components (as defined below), including electronic parts (a “Non-Metal Frame Part”), after the second year following the date of purchase for an Adjustable Base bought new, Casper will offer replacement parts (upon terms and conditions set forth in this paragraph) for any Non-Metal Frame Part found to be defective. Purchaser shall be responsible for the then-current cost of replacement of the defective Non-Metal Frame Part. Upon request and at purchaser’s cost, Casper will assist purchaser to arrange for the repair or replacement of any defective Non-Metal Frame Part through the customer service team of the manufacturer of the Adjustable Base, including technical and onsite support, and any related labor. To the extent permitted by law, the purchaser shall bear all service, transportation, labor and shipping costs related to the delivery and/or replacement of the defective Non-Metal Frame Part.
Years 1-10 (for frame, mattress retainer bar, hardware, and legs only): Full coverage parts and labor warranty with respect to the Adjustable Base’s frame, mattress retainer bar, hardware, and legs only (the “Metal Frame Components”). The Metal Frame Components of the Adjustable Base are warranted against defects in equipment or materials for a period of up to ten (10) years from the date of purchase for an Adjustable Base bought new. At no cost to purchaser, Casper will assist purchaser to arrange for the repair or replacement of any defective Metal Frame Component through the customer service team of the manufacturer of the Adjustable Base, who will provide technical and onsite support, and any related labor. If no repair is possible, Casper will provide a replacement Adjustable Base and will dispose of the defective Adjustable Base, in each case, at no cost to purchaser.
This limited Adjustable Base Warranty does not cover or apply:
- to any damage caused to the Adjustable Base resulting from misuse or abuse by purchaser;
- if there has been any repair or replacement of the Adjustable Base or any of the Adjustable Base’s parts by an unauthorized person;
- to any damage to the Adjustable Base or any feature of the Adjustable Base resulting from improper handling or misuse, physical abuse or connection to an improper power supply, or by customer’s failing to adhere to the Owner’s Manual provided with the Adjustable Base, this limited Adjustable Base Warranty, and any other applicable document published or approved by Casper that are provided to purchaser;
- to any damage to the Adjustable Base’s cover(s), fabric(s), bedding cables, electrical cords by purchaser;
- to any damage resulting from an unauthorized modification to the Adjustable Base;
- to any damage caused if the recommended weight restrictions** for the Adjustable Base are exceeded;
- to any damage resulting from normal wear and tear or accidental damage caused by purchaser;
- to any other damage, cost or expenses not expressly covered herein.
**See owner’s manual for model specific information
E. Disclaimer, limitation on liability, additional terms
No reimbursement will be made to the purchaser for the inconvenience, removal, installation, setup time, lack of use, shipping, or any other costs or expenses not covered by this limited warranty. Casper holds no responsibility for in-home setup on Adjustable Bases. Purchaser should contact their dealer for any terms and conditions relating to purchaser’s in-home setup if any. Removal of product tag shall void warranty. The product tag has both the model and serial numbers, which serves as a means of identification to establish one’s warranty rights. It is attached to the metal substructure visible when one lifts the head of the base.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY REPLACES ALL OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, WHETHER EXPRESSED, IMPLIED OR LEGAL, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NO ONE IS AUTHORIZED TO ASSUME OR UNDERTAKE FOR CASPER OTHER LIABILITY IN CONNECTION WITH THE SALE OF THE PRODUCT. CASPER SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL OR ANY OTHER DAMAGES OF WHATEVER KIND, INCLUDING PERSONAL INJURIES OR DAMAGE TO PROPERTY, EXCEPT AS PROVIDED HEREIN.
Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages or the exclusion of implied warranties or the limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state or province to province. To the extent that the provisions of any applicable legislation expressly replaced, eliminate, amend, extend or prohibit any term or terms contained in this warranty, such term or terms shall be accordingly replaced, eliminated, amended or extended, as the case may be, in accordance with such legislation.
F. Arbitration
Generally. You and Casper agree that you and Casper will resolve any dispute arising out of or in any way related to this Adjustable Base Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products through binding arbitration, as fully set forth in the Casper Terms and Conditions found at casper.com/terms, and as stated herein. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Adjustable Base Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Adjustable Base Warranty. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CASPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this arbitration agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court or (b) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Casper will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these arbitration terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Casper. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail and electronic mail (“Notice”). Casper’s address for Notice is: 175 Greenwich St., Floor 40, New York, NY 10007 and legal@casper.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Casper may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Casper must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Casper will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Casper in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with this provision, Casper will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Casper for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND CASPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Casper agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding and may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration agreement will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this Adjustable Base Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products.
Choice of Law; Venue. This Adjustable Base Warranty will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under this Adjustable Base Warranty, then you and Casper agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York, New York.
G. Governing law
This limited Adjustable Base Warranty will be governed by the laws of the State of New York.
H. Warrantor
Casper Sleep 2 Year Limited Furniture Warranty
Your new Casper furniture is covered by a 2 year limited warranty (the “Furniture Warranty”). This limited Furniture Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. Products covered by this limited Furniture warranty
This limited Furniture Warranty extends to any Platform Bedframe, Headboard, Upholstered Bedframe, Casper Repose Bedframe, Casper Haven Bedframe, Metal Bedframe, Foundation, or Nightstand manufactured by Casper, purchased directly from Casper or Casper’s authorized retailers, and located in the United States (not including US territories) or Canada (each, “Furniture””).
B. Who this limited Furniture Warranty extends to
This limited Furniture Warranty extends to the original purchaser of Furniture who is located in the United States (not including US territories) or Canada. Customers who purchased their Furniture through Casper’s trade program and use that Furniture for commercial purposes (for example, in a hotel or store) are “Trade Customers.”
All Casper warranties, including any implied warranties, are valid only for the period of time the Furniture is owned by the original purchaser. The “original purchaser,” for the purposes of this Furniture Warranty, is the first purchaser of the Furniture from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.
C. Casper's limited Furniture Warranty and responsibilities
Casper warrants the Furniture in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 2 years from the time you purchased your Furniture, provided that during that time, the Furniture is used normally for its intended purposes in the home.
Notwithstanding the foregoing, with respect to Trade Customers only, the limited warranty period shall be three years.
D. What this limited Furniture Warranty covers
This limited Furniture Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.
This limited Furniture Warranty does not cover the following:
- Damage caused by physical abuse, negligence, improper installation or misuse. With respect to Foundation, the foregoing includes but is not limited to structural or visual damage from using an improper bed frame or placing Foundation on the floor.
- Normal wear and tear as a result of spot cleaning or intended use.
- Damage caused by commercial use, such as in a hotel or store – unless you are a Trade Customer.
- Damage caused by Acts of God or other natural forces.
- Replacement of any non-defective pieces of the Furniture (for example, if one component of Furniture is defective, then we will replace the defective component only).
- Any Furniture sold by resellers who are not authorized retailers of Casper Furniture.
In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Furniture Warranty will be, at Casper’s option, to provide a replacement Furniture, subject to your fulfillment of “Your Responsibilities” below.
E. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Furniture Warranty, you must return your Furniture to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Furniture, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Furniture Warranty. In the event of a Defect, Casper will ship a replacement Furniture to you.
Replaced Furniture is subject to the same limited Furniture Warranty as the original Furniture. If you obtain replacement Furniture, the warranty term of the replaced Furniture begins from the date of purchase of the original Furniture.
F. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE FURNITURE IS PROVIDED “AS IS” AND THIS LIMITED FURNITURE WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED FURNITURE WARRANTY, IN NO EVENT WILL CASPER OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE FURNITURE OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE FURNITURE GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G. Arbitration
Generally. You and Casper agree that you and Casper will resolve any dispute arising out of or in any way related to this Furniture Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products through binding arbitration, as fully set forth in the Casper Terms and Conditions found at casper.com/terms, and as stated herein. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Furniture Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Furniture Warranty. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CASPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this arbitration agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court or (b) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Casper will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these arbitration terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Casper. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail and electronic mail (“Notice”). Casper’s address for Notice is: 175 Greenwich St., Floor 40, New York, NY 10007 and legal@casper.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Casper may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Casper must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Casper will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Casper in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with this provision, Casper will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Casper for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND CASPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Casper agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding and may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration agreement will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this Furniture Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products.
Choice of Law; Venue. This Furniture Warranty will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under this Furniture Warranty, then you and Casper agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York, New York.
H. Governing law
This limited Furniture Warranty will be governed by the laws of the State of New York.
I. Warrantor
Casper Sleep 12 Month Limited Glow Warranty
If you purchased your new Casper Glow Light on or after June 15, 2021, or a Casper Glow Night Light, your Casper Glow Light or Casper Glow Night Light (as applicable) is covered by a 12 month limited warranty (the "Glow Warranty"). This limited Glow Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. Products covered by this limited Glow Warranty
This limited Glow Warranty extends to any Casper Glow Light purchased on or after June 15, 2021, or Casper Glow Night Light manufactured by Casper, purchased directly from Casper or Casper’s authorized retailers, and located in the United States (not including US territories) or Canada (each such product, “Glow”).
B. Who this limited Glow Warranty extends to
This limited Glow Warranty extends to the original purchaser of Glow who is located in the United States (not including US territories) or Canada. Customers who purchased their Glow through Casper’s trade program and use that Glow for commercial purposes (for example, in a hotel or store) are “Trade Customers.”
All Casper warranties, including any implied warranties, are valid only for the period of time the Glow is owned by the original purchaser. The “original purchaser,” for the purposes of this Glow Warranty, is the first purchaser of the Glow from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.
C. Casper's limited Glow Warranty and responsibilities
Casper warrants the Glow in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 12 months from the time you purchased your Glow, provided that during that time the Glow is used normally for its intended purposes in the home.
D. What this limited Glow Warranty covers
This limited Glow Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this limited Glow Warranty.
This limited Glow Warranty does not cover the following:
- Damages cause by physical abuse, negligence, improper installation or misuse.
- Damage caused by commercial use, such as in a hotel or store – unless you are a Trade Customer.
- Damage cause by Acts of God or other natural forces.
- Replacement of any non-defective pieces of the Glow (for example, if one component of the Glow is defective, then we will replace the defective component only).
- Any Glow sold by resellers who are not authorized retailers of Casper Glow Light or Casper Glow Night Light (as applicable).
In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Glow Warranty will be, at Casper’s option, to provide a replacement Glow (a “Replacement Glow”), subject to your fulfillment of “Your Responsibilities” below.
E. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Glow Warranty, you must return your Glow to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Glow, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Glow Warranty. In the event of a Defect, Casper will ship a Replacement Glow to you.
Any Replacement Glow is subject to the same limited Glow Warranty as the original Glow. If you obtain a Replacement Glow, the warranty term of the Replacement Glow begins from the date of purchase of the original Glow.
F. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE GLOW IS PROVIDED “AS IS” AND THIS LIMITED GLOW WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED GLOW WARRANTY, IN NO EVENT WILL CASPER OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO GLOW OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE GLOW GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G. Arbitration
Generally. You and Casper agree that you and Casper will resolve any dispute arising out of or in any way related to this Glow Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products through binding arbitration, as fully set forth in the Casper Terms and Conditions found at casper.com/terms, and as stated herein. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Glow Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Glow Warranty. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CASPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this arbitration agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court or (b) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Casper will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these arbitration terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Casper. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail and electronic mail (“Notice”). Casper’s address for Notice is: 175 Greenwich St., Floor 40, New York, NY 10007 and legal@casper.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Casper may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Casper must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Casper will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Casper in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with this provision, Casper will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Casper for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND CASPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Casper agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding and may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration agreement will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this Glow Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products.
Choice of Law; Venue. This Glow Warranty will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under this Glow Warranty, then you and Casper agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York, New York.
H. Governing law
This limited Glow Warranty will be governed by the laws of the State of New York.
I. Warrantor
Casper Sleep 6 Month Limited Snoozewear Warranty
Your new Casper Snoozewear is covered by a 6 month limited warranty (the "Snoozewear Warranty"). This limited Snoozewear Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
A. Products covered by this limited Snoozewear Warranty
This limited Snoozewear Warranty extends to Snoozewear products manufactured by Casper, purchased directly from Casper or Casper’s authorized retailers, and located in the United States (not including US territories) or Canada.
B. Who this Snoozewear Warranty extends to
This limited Snoozewear Warranty extends to the original purchaser of any Snoozewear product who is located in the United States (not including US territories) or Canada. The limited Snoozewear warranty does not extend to customers who purchased their Snoozewear products through Casper’s trade program and use those Snoozewear for commercial purposes (for example, in a hotel or store).
All Casper warranties, including any implied warranties, are valid only for the period of time the Snoozewear is owned by the original purchaser of the Snoozewear. The “original purchaser,” for the purposes of this Snoozewear Warranty, is the first purchaser of the Snoozewear products from Casper or a Casper authorized retailer. Please retain a copy of your receipt as proof of purchase. All Casper limited warranties are not transferable.
C. Casper's limited Snoozewear Warranty and responsibilities
Casper warrants the Snoozewear in its original packaging sold to you against defects in material and workmanship set forth below (“Defects”) for a period of 6 months from the time your Snoozewear products are purchased by you, when the Snoozewear is used normally for their intended purposes in the home.
D. What this limited Snoozewear Warranty covers
This limited Snoozewear Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.
This limited Snoozewear Warranty does not cover the following:
- Normal wear and tear as a result of washing and intended use.
- Comfort preference.
- Physical abuse or damage to the Snoozewear, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.
- Damage caused by commercial use, such as in a hotel or store.
- Any Snoozewear (whether manufactured by Casper or not) sold by resellers who are not authorized retailers.
In the event of a Defect, Casper’s sole and exclusive liability and your sole remedy under this limited Snoozewear Warranty will be, at Casper’s option, to provide a replacement Snoozewear product, subject to your fulfillment of “Your Responsibilities” below.
E. Your responsibilities
In the event of a Defect and in order to get the benefit of this limited Snoozewear Warranty, you must return your Snoozewear product to Casper and provide Casper with proof of the original date of purchase. Should shipping costs be required to return your Snoozewear, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Snoozewear Warranty. In the event of a Defect, Casper will ship a replacement Snoozewear product (if applicable) to you.
Replacement Snoozewear products are subject to the same limited Snoozewear Warranty as the original Snoozewear product. If you obtain a replacement Snoozewear product, the warranty term of the replaced Snoozewear product begins from the date of purchase of the original Snoozewear product.
F. Disclaimer, limitation on liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SNOOZEWEAR PRODUCTS ARE PROVIDED “AS IS” AND THIS LIMITED SNOOZEWEAR WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED SNOOZEWEAR WARRANTY, IN NO EVENT WILL CASPER OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE SNOOZEWEAR OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF CASPER HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. CASPER’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE SNOOZEWEAR PRODUCT GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
G. Arbitration
Generally. You and Casper agree that you and Casper will resolve any dispute arising out of or in any way related to this Snoozewear Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products through binding arbitration, as fully set forth in the Casper Terms and Conditions found at casper.com/terms, and as stated herein. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Snoozewear Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Snoozewear Warranty. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CASPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this arbitration agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court or (b) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Casper will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these arbitration terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Casper. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail and electronic mail (“Notice”). Casper’s address for Notice is: 175 Greenwich St., Floor 40, New York, NY 10007 and legal@casper.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Casper may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Casper must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Casper will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Casper in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with this provision, Casper will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Casper for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND CASPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Casper agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding and may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this arbitration agreement is found to be unenforceable, then the entirety of this arbitration agreement will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below will govern any action arising out of or related to this Snoozewear Warranty, the Casper Terms and Conditions, or the purchase, receipt, order or use of any Casper Products.
Choice of Law; Venue. This Snoozewear Warranty will be governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. If a lawsuit or court proceeding is permitted under this Snoozewear Warranty, then you and Casper agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within New York, New York.
H. Governing law
This limited Snoozewear Warranty will be governed by the laws of the State of New York.
I. Warrantor
Casper Sleep Final Sale and Clearance Items
Unless otherwise indicated, products purchased from Casper that are marked as “Final Sale” or “Clearance” are subject to the modified limited warranty terms described below:
Your new Casper Mattress that was purchased that was marked as a “Final Sale” or “Clearance” item is covered by the Mattress Warranty described above, provided, that the term of such warranty extends for a period of 5 years from the date you purchased the Casper Mattress. All other terms and conditions of the Mattress Warranty will apply as specified above.