Casper Terms and Conditions


Last Updated: April 19, 2024


THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES, UNLESS SPECIFIED IN THE DISPUTE RESOLUTION SECTION BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE ACCESSING, USING, OR BUYING ANY PRODUCT THROUGH THE WEBSITE.


These terms and conditions (the “Terms”) apply to Casper Sleep Inc.'s ("Casper", "we", "our", or "us")(a) website located at www.casper.com and all associated sites and the content therein and thereon, collectively, the “Website(s)” or "Sites"), (b) retail locations operated by Casper ("Casper Store(s)") and (c) any Product (as defined below) that is offered on the Sites or in any Casper Store. Please read these Terms carefully. By (i) visiting, accessing, or otherwise using in any way the Sites or any Casper Store (the "Services"), or (ii) by ordering, purchasing, receiving or using any Casper products or services at any time (the "Products"), you agree to these Terms, our Privacy Policy, which is hereby incorporated into these Terms by reference, as well as any other terms, guidelines or rules that apply to any portion of the Sites or a Casper Store, without limitation or qualification. If you do not agree to these Terms, you may not access or use the Services or order, purchase, receive, or use the Products. If you have any questions about the Terms, please contact us at support@casper.com and legal@casper.com.



I. Electronic communication


When you visit any of our Sites, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on any Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

It is your responsibility to control the notifications you do, or do not, receive through your device. To opt in to receive text messages from Casper, please follow the instructions provided when you sign up to receive text messages. To stop receiving text messages from Casper, use the mobile phone corresponding to the number enrolled in Casper text messages and reply “STOP” or “UNSUBSCRIBE” in response to a text message from the Casper text messaging program. You will then receive confirmation of your opt-out. This will only opt you out of the specific text messaging program associated with that phone number, and you will remain opted in to any other text messaging programs in which you have enrolled. The opt out does not preclude messaging that Casper sends for necessary services. You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying Casper immediately if you change your mobile telephone number. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of the control of Casper, and Casper is not responsible or liable for issues arising from them. Casper reserves the right to modify or discontinue, temporarily or permanently, all or any part of Casper text messages, with or without notice. Casper may suspend or terminate your receipt of Casper text messages for any reason without notice to you.


II. Eligibility


None of our Sites or any part of our Sites is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE OR ACCESS ANY SITE. 

If you are under the age of 18, or the legal age of adulthood in your state or country, you must ask your parent or guardian to review and explain these Terms to you and to agree to this these Terms on your behalf; they should also supervise your use of the Services. 

If you are the parent or guardian of children under 18 (or under the legal age of adulthood in your state or country), you agree that you will be responsible for all uses of the Services by your child whether or not such uses were authorized by you. You are legally and financially responsible for all actions using or accessing the Services, including the transactions or other actions of anyone you allow to access the Services.

If you are using a Site on behalf of a company, entity, or organization (collectively, “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.


III. Copyright


Unless otherwise noted, all content included on any Site, featured in any Casper Store or on any Product, including images, illustrations, designs, icons, photographs, video clips and written and other materials (collectively, “Casper Content”) is the property of Casper or its licensors, partners or affiliates and is protected by United States and international copyright laws. The compilation of each Site is the exclusive property of Casper and is protected by United States and international intellectual property laws. Any unauthorized use of any Casper Content is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on a Site, including any Casper Content, only with our prior written and express authorization. To inquire about obtaining authorization to use Casper Content, please contact us at legal@casper.com.


IV. Trademarks


All trademarks, service marks, and trade names (collectively, the “Marks”) that appear on any Site, in any Casper Store or on any Product are proprietary to Casper, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of Casper, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Sites.


V. Limited license and access to the Services


As long as you comply with these Terms and our policies, we grant you a limited license to use the Sites and Products for personal use only and solely for their intended purpose. Consequently, and without limiting the generality of the foregoing, this grant does not allow you to do any of the following, and you agree that you shall not: (a) resell or make any commercial use of the Sites or Products or any of the contents of the Sites; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Sites not intended to be so read, including using or directly viewing the underlying HTML or other code from the Sites except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the Sites (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Sites or to collect any information from the Sites or any other user of the Sites.


VI. Fees and payments; shipping; In-home setup; Third Party Seller purchases


Prices. The price for Products available for purchase through any Site will be displayed to you on that Site. The price for Products available for purchase through any Casper Store will be displayed next to or adjacent to the Product. In each case, the prices displayed do not include taxes. Prices for the Products may be displayed in US dollars or in local currency, depending on the location from which you purchase the Products. Any applicable taxes will be communicated to you before you place an order. There is no charge for shipping of Products unless otherwise indicated. Additional shipping fees apply for Hawaii and Alaska, unless otherwise indicated.

Payments. The Sites and the Casper Stores may use third parties to process payments. Our third-party payment processors and express checkout providers, such as Amazon Pay, Apple Pay and PayPal, accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. You may also finance your purchase of Products through Affirm, or lease to own through Katapult, as detailed on the payment screen. Casper does not control any third party payment processor, and your use of any third party payment processer is a transaction solely between you and such third party payment processor. Each third party payment processor may have their own terms, guidelines or rules independent of these Terms, and you are fully responsible for reviewing and abiding by any such terms, guidelines or rules. 

In-home setup. For in-home setup and mattress removal, a customer or adult must be present at the scheduled time and delivery address. If no adult is present at the time of delivery, Casper reserves the right to leave the package with a secure receiving authority (e.g., doorman, concierge, or building package center). All mattresses removed using Casper’s in-home setup must be in sanitary condition. In-home setup fees are final and will not be refunded in the event you return any of the Products.

Third Party Seller purchases. Casper may offer certain of its Products through or by bona fide third party retailers, online or e-commerce platforms or other third party channels (each, a "Third Party Seller"). Casper does not control any Third Party Seller, and your order, purchase, receipt or use of any Product provided by any Third Party Seller is a transaction solely between you and such Third Party Seller. Each Third Party Seller may have their own terms, guidelines or rules independent of these Terms, and you are fully responsible for reviewing and abiding by any such terms, guidelines or rules. All access and use of any site controlled by a Third Party Seller or any retail locations operated by a Third Party Seller is at your own risk.


VII. Gift and offer codes; Referral Program


From time to time, Casper may offer qualified consumers “gift codes” or “offer codes” through a variety of promotional activities and communications (collectively referred to herein as “offer codes”) that are redeemable towards a purchase on any Site or in any Casper Store, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Casper in its sole discretion. Only valid offer codes provided or promoted by Casper will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Casper (including any unauthorized third-party websites) will not be considered valid. Codes supplied or promoted by Third Party Sellers are not valid for use on the Sites or in any Casper Store, and are subject to the terms and conditions set by such Third Party Seller. Each offer code promoted by Casper is non-transferable and valid for single use on an item (or items) of merchandise as determined by Casper. Offer codes may not be combined, are valid only on full-priced items unless stated otherwise, may not be used on any items that are marked as “Final Sale” or "Clearance" unless stated otherwise, and may not be used in conjunction with the Casper Referral Program. Customers are limited to the use of a single offer code per order. Offer codes cannot be used toward purchase of non-branded merchandise, packaging or applicable taxes. Casper is not responsible for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. If an offer code provides for free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s) will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying product. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.

Referral Program. Casper offers brand advocates the opportunity to refer friends to participate in the Casper Referral Program. For the terms and conditions of the Casper Referral Program, which are incorporated by reference into these Terms as if fully set forth herein, please see Referral Terms. To the extent there is a conflict between the terms of any part of the Referral Terms and these Terms, the terms of the Referral Terms shall govern. Offer codes may not be used in conjunction with the Casper Referral Program.


VIII. Warranty


We stand behind our Products. For specific warranty information applicable to our Products, please see https://casper.com/warranty (the “Product Warranties”). The Product Warranties are incorporated by reference into these Terms as if fully set forth herein. To the extent there is a conflict between the terms of any Product Warranty and these Terms, the terms of the applicable Product Warranty shall govern.

If you are dissatisfied or believe there is a defect in any of your Products, please review the relevant warranty and, if you believe that you are entitled to take advantage of those terms, please contact us at support@casper.com.


IX. Refunds and returns; cancellation


Cancellations. You may cancel an order placed through the Sites or at any Casper Store at any time prior to shipment by going to a Casper Store to cancel the order or calling Casper customer service.

Returns. Subject to the exceptions set forth below, you may return any Product purchased from the Sites or any Casper Store within the applicable Product's trial period, each "Trial Period” beginning upon your receipt of such Product, (each, a "Trial Period"), provided that the Product you are returning is located in the United States (not including US territories) or Canada, after the 30-Night Adjustment Period (if the Product is a Casper mattress), and subject to the conditions described below. You can find a summary of our Trial Periods policy here. You can also learn more about the 30-Night Adjustment Period here. Any refunds will be issued in the form of the original payment. If we are unable to refund in the form of the original payment (for example, if the credit card you made the purchase on has been canceled or closed), you will be issued a bank wire or PayPal refund. If you purchased a Product from the Sites or in a Casper Store using an offer code or gift code, the dollar value of any offer code will not be refunded or credited back if any or all of the merchandise is returned. Please note that we do not refund any shipping costs or fees.

Trial Period Exceptions. Any Product that is (a) marked as “Final Sale” or "Clearance" or (b) purchased as part of a "bundled" product offering (each such offering, a "Bundle"), to the extent not accompanied by the entire Bundle, may not be returned or exchanged, except in the event of a Defect, as defined in the applicable Product Warranty, or unless otherwise specified. See additional information here.

Return Procedure. Return shipping is free, provided that you are returning the Product from within the United States (not including US territories) or Canada. Refunds will be issued in the form of the original payment. Please follow the instructions below to return your Product.

  • Mattress: If you want to return your Casper mattress, we would be happy to arrange a return pick-up after the 30-Night Adjustment Period if the mattress is within the applicable Product’s Trial Period, please e-mail Casper at support@casper.com to arrange a return pick-up.
  • Bed Frame and Other Furniture: If you want to return a bed frame or any other furniture purchase within the applicable Product's Trial Period, please e-mail Casper at support@casper.com to arrange a return pick-up. If you purchased your Casper bed frame or other furniture purchase with a Casper mattress, including as part of a Bundle, the applicable Trial Period will be the same as the Trial Period for the Casper mattress.
  • Other Products:, If you want to return any other Product within the applicable Product's Trial Period, please refer to your order confirmation email, click on the order number, and select the item you would like to return. Please follow the instructions and confirm the return. After confirmation, you will receive an e-mail containing a complimentary UPS shipping label for you to apply to the box as well as a return receipt. Please place the Product you would like to return, along with the return receipt, in the box, affix the shipping label to the outside of the box, and drop off the box at your nearest UPS location. All returns must be delivered to UPS prior to the expiration of the applicable Product’s Trial Period.

Return Conditions. The following conditions also apply to Product returns:

  • You can return your Casper item and get a full refund within 30 days of delivery or within 30 days of an in-store purchase, provided the merchandise is unused and in its original packaging and condition. 
  • Products may not be returned from outside the United States or Canada.
  • Customers may return a maximum of two (2) of each particular Product per initial order, validated by a customer name or shipping address (i.e. please try a Product first—we are happy to send you more later!)
  • If at least one of a particular Product type is returned from an initial order, that customer or shipping address will not be eligible for additional Trial Periods on subsequent orders of that particular Product (e.g. if you return a Casper pillow, you will not be eligible for the applicable Trial Period on future Casper pillow orders).
  • For Bundles, (i) an entire Bundle may be returned and (ii) the longest Trial Period applicable to any Product included in that Bundle will be applicable Trial Period for the entire Bundle.

Title. Risk of loss and title for Products purchased from Casper pass to you upon delivery of such Products (by Casper or our manufacturer) to the carrier. You are responsible for filing any claims with carriers, such as UPS, for damaged shipments.

Third Party Seller Returns and Refunds. Notwithstanding anything provided in these Terms, the return of any Product(s) ordered, purchased or received from any Third Party Seller and any refunds issued in connection with such Product(s) will be subject to the terms and conditions of such Third Party Seller. Please contact the Third Party Seller from which you ordered, purchased or received the Product for their applicable terms and conditions regarding returns and refunds.


X. Content you submit to Casper


From time to time, Casper may allow you to post reviews, comments, photos, or similar materials on the Sites (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Sites.

By posting a Review, you agree that:

  • The Review complies with these Terms;
  • You are actually a user of the product being reviewed in the Review;
  • The Review reflects your honest opinions, findings, beliefs, or actual experience using the product(s); and
  • You will disclose (in easy to understand language and in an unavoidable place) if you received any Product(s) mentioned in your Review for free, or if you have any other connection to Casper that might materially affect the weight or credibility of your Review.

By posting a Review on any Sites, you hereby grant Casper an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid-up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Sites, for any purpose, including promoting and marketing Casper and the Products. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by Casper through the Sites, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Sites, or you have all rights, licenses, consents, and releases that are necessary to grant to Casper the rights in your Review as contemplated under the Terms, and (ii) the Reviews you post to the Sites do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require Casper to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.

No Objectionable Content. Casper reserves the right not to post or delete any Review that:


  • We reasonably believe is fake or is:
  • unlawful
  • unrelated to the goods or services offered by us
  • clearly false or misleading
  • harassing or abusive 
  • inappropriate with respect to race, gender, sexuality, ethnicity or another intrinsic characteristic
  • defamatory, libelous, or slanderous
  • violative of the Terms of Use


  • Contains:
  • unlawful material
  • personal information or likeness of another person
  • trade secrets, or privileged information
  • confidential commercial or financial information
  • personnel and medical files or similar information
  • records or information compiled for law enforcement purposes


You agree not to submit Reviews that: (i) are or could be interpreted to be unlawful, infringing, defamatory, slanderous, libelous, inaccurate, unlawful, harmful, maligning, profane, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, hatred, or in volitation of any rights of any third-parties as determined by Casper in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

Monitoring. Other than to comply with law, Casper has no obligation to monitor the Sites or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews to address Objectionable Content or to otherwise comply with the law, at any time and from time to time, without notice or further obligation to you. Casper, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.


XI. Digital Millennium Copyright Act


The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Sites infringe your copyright, you (or your agent) may send Casper a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.

The notice must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
  • Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works);
  • Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Casper to locate the material on the Sites;
  • Your name, address, telephone number, and e-mail address (if available);
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Casper a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Sites should be sent to 175 Greenwich St., Floor 40, New York, NY 10007 or copyright@casper.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.  


XII. Use of the Sites


You agree to use each Site only for its intended purpose. You must use the Sites in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Sites are prohibited. You agree that you shall not, and shall not attempt to do or authorize or encourage any third party to do, any of the following:

  • interfere with, harm, reverse engineer, steal from, disrupt, or gain unauthorized access to the Sites, any user of the Services, or the technology and equipment supporting the Sites;
  • upload, post, email, transmit, or otherwise make available through the Sites any viruses or other harmful, disruptive, or destructive files; 
  • frame, mirror, link to, or otherwise simulate the appearance or function of the Site without permission;
  • use data mining, robots, or other data gathering devices on or through the Sites;
  • post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
  • disclose personal information about another person or harass, abuse, stalk, threaten, or harm another user of the services or post objectionable material;
  • sell, transfer, or assign any of your rights to use the Sites to a third-party without our express written consent;
  • post advertising or marketing links or content, except as specifically allowed by these Terms;
  • use the Sites in an illegal way or to commit an illegal act or that otherwise results in fines, penalties, and other fees or liability to Casper or others; or 
  • access the Site from a jurisdiction where it is illegal or unauthorized.

XIII. Disclaimer


We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Sites you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Sites at any time, including availability of the Sites or any feature, without notice or liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third-party you interact with using the Sites. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. To the fullest extent permitted by law, you release Casper of all claims, demands, and damages in disputes among users of the Sites. You also agree not to involve us in such disputes. Use caution and common sense when using the Sites.

Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of any Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Sites. Use the Sites at your own risk.

We make no promises and, to the fullest extent permitted by law, disclaim all liability from the use of the Sites.

Released Parties Defined. As used in these Terms, “Released Parties” include Casper and its affiliates and each of their respective owners, directors, officers, employees, agents, partners, and licensors.

EXCEPT AS EXPRESSLY PROVIDED IN THE MATTRESS WARRANTY, SHEETS WARRANTY, PILLOWS WARRANTY, MATTRESS TOPPER WARRANTY, DOG BED WARRANTY, FOUNDATION WARRANTY, MATTRESS PROTECTOR WARRANTY, BED FRAME WARRANTY, DUVET AND BLANKET WARRANTY, ADJUSTABLE BASE WARRANTY, FURNITURE WARRANTY, GLOW WARRANTY, OR ANY OTHER PRODUCT WARRANTY FOR PURCHASED PRODUCTS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SERVICES, SITES AND PRODUCTS IS AT YOUR SOLE RISK, AND THE SERVICES, SITES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITES WILL MEET YOUR REQUIREMENTS, (ii) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, GOOD OR SERVICE AVAILABLE ON THE SITES, IN ANY CASPER STORE OR THROUGH ANY THIRD PARTY SELLER WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITES WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.


XIV. Limitation on liability


YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CASPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) THE SERVICES PROVIDED ON THE SITES, IN A CASPER STORE OR BY A THIRD PARTY SELLER OR THE PURCHASE, RECEIPT, ORDER OR USE THE PRODUCTS; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON THE SITES; (vi) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vii) ANY OTHER MATTER RELATING TO THE SITES, ANY CASPER STORE, THE SERVICES, THE PURCHASE, THE RECEIPT, ORDER OR USE OF THE PRODUCTS OR THESE TERMS. 

SOME STATES, INCLUDING THE STATE OF NEW JERSEY, DO NOT PERMIT CERTAIN LIMITATIONS OF LIABILITY IN CONNECTION WITH THE PURCHASE OF CONSUMER GOODS. PLEASE CONSULT THE LAWS OF YOUR STATE REGARDING ANY SUCH RIGHTS.


XV. Indemnification


You agree to defend, indemnify, and hold harmless the Released Parties from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your (a) use or misuse of the Services, including without limitation, any Sites, or misuse of Products; (b) breach of any representation, warranty, covenant, agreement, or provision in these Terms or any of our policies; (c) violation of any law, regulation, judgment, order, or decree, or the rights of any third party, including without limitation, any intellectual property, privacy, contractual, or other rights; or (d) dispute, issue, interaction, exchange, or agreement with any third party. You may not settle any claim in any manner that binds any Released Parties without Casper’s express prior written consent. We may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply those amounts to the resolution of that claim.


XVI. Dispute Resolution, Arbitration Agreement, and Class Action Waiver


References to “Casper”, “you”, “we”, and “us” in this Arbitration Agreement include our respective predecessors in interest, successors, and assigns, as well as our respective past, present, and future parents, subsidiaries and affiliates; those entities and our respective agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises.

If any Dispute (defined below) is determined not to be subject to arbitration or resolution in small claims court, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the federal or state courts of competent jurisdiction in New York, New York.


A. Mandatory Individual Arbitration


Any dispute, claim, or controversy arising out of or relating in any way to: (i) your visit to, or use of, the Website(s), Mobile Application(s), or Casper Store(s); (ii) the Product(s) or your purchase thereof; (iii) the Terms, including those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms and this Arbitration Agreement (collectively, “Dispute” or “Disputes”), whether such Disputes arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure set forth below, shall be exclusively resolved by individual, binding arbitration in accordance with this Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory, in whole or in part, and any defense to arbitration, including waiver, delay, laches, or estoppel. 


Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and Casper each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Any legal action by Casper against a non-consumer or its interactions with governmental and regulatory authorities shall not be subject to arbitration. Either party may also elect to have Disputes heard in small claims court seeking only individualized relief, so long as the action is not removed or appealed to a court of general jurisdiction.


If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions. 


B. Class Action / Jury Trial Waiver


You and Casper agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding. This means that you and Casper may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and Casper may not participate in any class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding brought by any third party. 


Unless both you and Casper agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative proceeding. If any court or arbitrator determines that this Class Action/Jury Trial Waiver is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and Casper shall be deemed not to have agreed to arbitrate Disputes. 


To the extent that any claims are allowed to proceed on a class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), or representative basis, such claims must be litigated in a federal or state court of competent jurisdiction in New York County, New York, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.


Notwithstanding the foregoing, you or Casper may participate in a class-wide settlement.


C. Opt-Out Procedures


To opt out of this Arbitration Agreement, you must send us a written opt-out notice (“Opt-Out Notice”) by email at legal@casper.com within 30 days from the earlier of the date that you: (1) first purchased a Product; (2) first accessed the Website(s) or Mobile Application(s); or (3) first provided information to the Website(s) or Mobile Application(s) after the posting of these Terms (“Opt-Out Period”). The Opt-Out Notice must contain your full legal name, your complete mailing and email address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period has passed, you are not eligible to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other provisions of the Terms will continue to apply to you. Additionally, if you opt out of this Arbitration Agreement, you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions. In other words, opting out of this Arbitration Agreement shall have no effect on any previous, other, or future arbitration agreements you may enter into with Casper. As stated above, if you do not opt out of this Arbitration Agreement within the Opt-Out Period, then you will be bound to the terms and conditions of this Arbitration Agreement which shall supersede and replace in its entirety all previous versions of Casper’s arbitration agreements and class action provisions.  


D. Rules and Governing Law


Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective and mutually beneficial outcome. Therefore, in the event of a Dispute, you and Casper each agree to send the other party a written Notice of Dispute (“Notice of Dispute” or “Notice”). A Notice of Dispute from you to Casper must be emailed to legal@casper.com (“Notice Address”). Any Notice of Dispute must include (i) the claimant’s full legal name, complete mailing address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) any relevant facts regarding claimant’s use of the Website(s) or Mobile Application(s), including whether claimant receives any emails associated with the Website(s) or Mobile Application(s), whether claimant has made a purchase from Casper, and if so, the date(s) of the purchase(s); and (iv) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. Casper will send any Notice of Dispute to you at the email address or mailing address it has for you, if any. 


After receipt of a Notice of Dispute, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and we agree that, after receipt of the Notice of Dispute, the recipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties will attend (with counsel, if represented). You and we agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually-convenient time and to seek to reach a resolution. 


Compliance with this Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures section is a condition precedent to initiating arbitration. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential so that you and Casper have a meaningful opportunity to resolve disputes informally. If any aspect of these requirements has not been met, the parties agree that a court of competent jurisdiction may enjoin the filing or stay the prosecution of an arbitration. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with these Procedures in arbitration.


If the parties cannot resolve the Dispute through the Informal Dispute Resolution Procedures above, you and Casper each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. The parties may agree to waive hearings and resolve Claims through submission of documents. Any arbitration hearing will be conducted remotely by telephone or video conference to the extent possible, but if the arbitrator determines, or the parties agree, that a hearing should be conducted in person, the arbitration hearing will take place as close to your residence as practicable, or another agreed upon locale, and shall be before one arbitrator. 


All Disputes shall be submitted to National Arbitration and Mediation (“NAM”), www.namadr.com, for arbitration before one arbitrator. The arbitration will be administered by NAM in accordance with its rules and procedures, including any supplementary rules and fee schedules, then in effect (the “Rules”), except as modified by this Arbitration Agreement. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. A form for initiating arbitration proceedings is available on NAM’s website at https://www.namadr.com/resources/rules-fees-forms/. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the claim to be deemed properly filed. For additional information on how to commence an arbitration proceeding, you can contact NAM at customerservice@namadr.com.   


If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, NAM’s mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) NAM shall administer the arbitration demands in batches of at least 25 claims, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; (ii) NAM shall provide for the resolution of each batch as a single consolidated arbitration with one procedural calendar and one hearing (if any) and one final award; and (iii) NAM shall apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in NAM’s fee schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of these Claims. All parties agree that arbitrations are of a “substantially similar nature” for purposes of this batching procedure for claims administered by NAM if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. This batching procedure for claims administered by NAM shall in no way be interpreted as authorizing class arbitrations of any kind. Casper reserves all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this batching procedure for claims administered by NAM and the ADR Services Batching Procedure (see below) are both void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and Casper shall be deemed not to have agreed to arbitrate Disputes.


If NAM notifies the parties in writing that it is not available to arbitrate any Claim, or if NAM is otherwise unable to arbitrate any Claim, that Claim shall be submitted to ADR Services, Inc. (“ADR Services”), www.adrservices.com, for final and binding individual arbitration before one arbitrator. The arbitration will be administered by ADR Services in accordance with its rules and procedures, including any supplementary rules and fee schedules, then in effect (the “Rules”), except as modified by this Arbitration Agreement. If there are 20 or more substantially similar Claims that are allowed to be submitted for arbitration but cannot be arbitrated by NAM, and are presented to ADR Services by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, ADR Services shall (i) administer those Claims in at least 20 batches, with the discretion to create additional batches if ADR Services finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule. You agree to cooperate in good faith to implement this batch approach (the “ADR Services Batching Procedure”) to facilitate the efficient resolution of these Claims. This ADR Services Batching Procedure shall in no way be interpreted as authorizing class arbitrations of any kind. Casper reserves all rights and defenses as to each and any demand and claimant. 

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and the Rules are found to not apply to any issue that arises under this Arbitration Agreement, then that issue shall be resolved under the laws of New York.


At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.


As in court, you and Casper agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under NAM or ADR Services’ Rules (as applicable), Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.


Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law. 


Arbitrator’s Fees: You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM, ADR Services (as applicable), and/or the arbitrator to address the apportionment of the arbitrator’s fees. 


Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.


Requirement of Individualized Relief: The parties agree that the arbitrator is authorized, upon either party’s request, to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any of the prohibitions on non-individualized declaratory or injunctive relief, class, representative, and private attorney general claims, or consolidation set forth under this Arbitration Agreement are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then, after exhaustion of all appeals, the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated. 


You agree that any arbitrations between you and Casper will be subject to this Arbitration Agreement and not to any prior arbitration agreement you had with Casper, and, notwithstanding any provision in these Terms to the contrary, you agree that this Arbitration Agreement amends any prior arbitration agreement you had with Casper, including with respect to claims that arose before this or any prior arbitration agreement.


E. Opt-Out of Future Changes to Arbitration Agreement


Notwithstanding any provision to the contrary, if Casper makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject any such change by sending Casper an email to legal@casper.com within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) the change you are rejecting, (v) and, if applicable, the username or email address associated with any purchase from Casper. It must include a statement, personally signed by you, that you wish to reject the specified change to the Arbitration Agreement. This is not an opt out of arbitration altogether.


F. Severability & Survival


If any provision of this Arbitration Agreement, or a portion thereof, is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.  

Notwithstanding the foregoing, if any court or arbitrator determines that the batching procedure for claims administered by NAM (set forth above) and the ADR Services Batching Procedure are both void or unenforceable for any reason or that an arbitration can proceed on a class basis, then, after exhaustion of all appeals, the Arbitration Agreement shall be deemed null and void in its entirety.  


This Arbitration Agreement shall survive termination of these Terms. Except as provided in the opt-out provisions set forth in Sections C and E above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with Casper.


XVII. Termination


Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use the Sites, and to block or prevent future access to and use of any of the Sites or any Casper Store for any reason or no reason. 


XVIII. Survival


Any provision of these Terms that by its nature would extend beyond expiration or termination of these Terms shall remain in effect in perpetuity or, if applicable, until fulfilled.


XIX. Modification 


We reserve the right to update and revise these terms at any time. From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. Your use of or access to the Services constitutes your acceptance of these Terms.


XX. Successors and Assigns


These Terms will be binding on and inure to the benefit of the parties and (as applicable) their respective successors, heirs, executors, legal representatives, affiliates, and authorized assigns. You may not, directly or indirectly, assign all or part of your rights or obligations under these Terms to any other person or entity without first obtaining the written permission of Casper. Any purported assignment without Casper’s prior written approval shall be null and void.


XXI. Waiver


Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms.


XXII. Severability


If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.


XXIII. Entire agreement


Except as explicitly noted above, these Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between you and Casper with respect to the Services, the Website(s), and/or the purchase, receipt, order or use of the Products, at any time, past, present, or future, and supersede all prior or contemporaneous terms, conditions, communications and proposals, whether electronic, oral or written with respect to the Services, Website(s), and/or the purchase, receipt, order or use of the Products. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.