LATEX FOR LESS MASTER TERMS OF SERVICE

Effective Date: September 7, 2026
Last Updated: September 7, 2026

Please note: These Terms include an agreement to resolve certain disputes through individual arbitration, as well as class-action and jury-trial waivers. Please review Sections 29-37 carefully.

1. ACCEPTANCE OF TERMS AND ELECTRONIC ASSENT

These Terms of Service ("Terms") govern your access to and use of LatexForLess.com and related websites, services, communications, programs, and products offered by Sleep, Inc. d/b/a Latex For Less ("Latex For Less," "we," "us," or "our").

By creating an account after receiving reasonably conspicuous notice that account creation constitutes agreement to these Terms; signing up for a program where the applicable interface states that signup constitutes agreement to these Terms; participating in a promotion where the applicable interface or rules state that participation constitutes agreement; or ordering or purchasing a product or service after receiving reasonably conspicuous notice that the identified action constitutes agreement to these Terms, you agree to be bound by them.

Where the Site presents a checkbox, button, form notice, or other electronic notice stating that taking an identified action constitutes agreement to these Terms, checking the box, clicking the button, submitting the form, signing up, or completing the identified action constitutes your electronic signature and affirmative acceptance.

Where checkout requires acceptance of these Terms, the transaction may not be completed unless the required assent is provided.

For purchases completed with the assistance of telephone, chat, or customer-service personnel, these Terms apply only where you receive notice of their application in a manner sufficient to create an enforceable agreement before completing the transaction.

We may retain electronic records showing when, where, and how assent was provided, including the applicable version of these Terms, checkout or signup flow, timestamp, account or order information, and other reasonably available evidence.

You must be at least 18 years old or the age of legal majority in your jurisdiction to enter into a binding transaction with Latex For Less.

If you create an account, you agree to provide accurate, current, and complete information; safeguard your credentials; reasonably restrict unauthorized access to your account; and notify us if you reasonably believe your account or credentials have been compromised.

You are responsible for activity you authorize through your account. Nothing in this provision makes you responsible for unauthorized activity where applicable law provides otherwise.

Latex For Less may suspend or restrict an account where reasonably necessary to protect the account, Site, other users, or Latex For Less from suspected fraud, abuse, or security risk, subject to applicable law.

Merely receiving or opening a marketing communication, or passively visiting the Site without an additional legally sufficient manifestation of assent, does not by itself constitute acceptance of a materially revised dispute-resolution provision.

Website Access Assent. Where the Site presents reasonably conspicuous notice that taking an identified action will constitute agreement to these Terms, taking that action constitutes your electronic signature and affirmative acceptance of these Terms. The action may include selecting a checkbox, button, link, or other electronic control, or otherwise proceeding through an interface that clearly communicates that the identified action constitutes agreement. Any cookie, tracking, or other privacy preference presented through the same interface is a separate privacy choice and does not alter your acceptance of these Terms.

Existing-User Updates. If we provide an existing user with reasonably conspicuous notice that identifies an effective date for updated Terms and expressly states that specified conduct on or after that date will constitute acceptance, engaging in that specified conduct after the effective date will constitute acceptance of the updated Terms to the extent recognized by applicable law. Mere receipt of the notice or inaction alone does not constitute acceptance.

2. ADDITIONAL POLICIES

These Terms operate together with other policies and transaction-specific terms, including our:

• Shipping and Delivery Policies;
• Mattress Trial and Return Policy;
• applicable Product Warranties;
• Messaging Terms;
• promotion-specific terms;
• contest or sweepstakes rules;
• referral, creator, affiliate, or rewards-program terms; and
• other expressly identified terms governing a particular product, service, or program.

Our Privacy Policy describes our privacy practices and is provided as a privacy notice. Except where expressly stated in these Terms or required by law, the Privacy Policy is not incorporated as a separate contractual warranty merely because it is linked from or referenced in these Terms.

If terms specifically identified for a particular promotion, product, warranty, service, or program conflict with these general Terms, the more specific terms control solely with respect to the substantive matter expressly addressed by those specific terms.

No separate promotion, warranty, messaging, shipping, return, financing, referral, creator, affiliate, product, or program terms supersede Sections 29-37 unless the separate agreement expressly identifies the specific provision being modified and expressly states that it supersedes that provision.

3. EFFECTIVE DATE; PRIOR AGREEMENTS; SCOPE OF REVISED TERMS

These Terms become binding when affirmatively accepted or otherwise assented to in a manner recognized by applicable law on or after the Effective Date above.

If you previously validly agreed to an earlier version of Latex For Less terms, that earlier agreement is not extinguished merely because revised Terms are published. The prior agreement continues to govern transactions, rights, obligations, and Disputes to the extent it remains applicable and enforceable.

Upon valid acceptance of these revised Terms, they will govern your subsequent relationship and interactions with Latex For Less and, to the fullest extent permitted by law, any Dispute arising from or relating to past, present, or future transactions, communications, advertising, marketing, data practices, products, services, interactions, or relationships between you and a Covered Party, except a Dispute of which either party had provided written notice before acceptance unless the parties separately agree otherwise.

Nothing in these Terms retroactively eliminates or waives a substantive right that applicable law prohibits the parties from modifying or waiving.

4. CHANGES TO THESE TERMS

We may revise these Terms from time to time.

Material changes apply prospectively from their stated effective date and subject to any additional notice or assent required by applicable law.

A modification will not retroactively alter substantive rights or obligations applicable to a Dispute of which either party had written notice before the modification's effective date.

Material modifications to Sections 29-37 will apply only to the extent permitted by law. Where affirmative assent is required, we will obtain it.

We may make non-material administrative changes, corrections, updated contact information, formatting changes, or changes reasonably necessary to comply with law without obtaining additional consent where permitted.

Latex For Less may maintain archived versions of these Terms.

5. PRODUCT INFORMATION, SPECIFICATIONS, AND MANUFACTURING VARIATIONS

We strive to provide accurate product descriptions, specifications, images, pricing, certifications, origin information, and other product information.

Mattresses, toppers, pillows, bedding, foundations, adjustable bases, and related products may contain flexible, compressed, quilted, foam, latex, wool, cotton, textile, coil, wood, metal, natural, and other materials. Minor manufacturing and natural-material variations may occur.

Variations in finished dimensions, weight, appearance, color, quilting, surface characteristics, feel, compression recovery, and component measurements that fall within applicable manufacturing tolerances and do not materially alter the advertised construction, material composition, safety characteristics, or intended function do not constitute a product defect or material nonconformity.

Natural materials such as latex, cotton, and wool may exhibit normal differences in color, appearance, aroma, texture, density, or other characteristics.

Products may be manufactured, assembled, or supplied by Latex For Less, an affiliated manufacturer, or third-party manufacturers or suppliers working to applicable specifications and quality standards.

Nothing in these Terms authorizes a material substitution or undisclosed change that would cause a product materially to fail to conform to an applicable advertised specification, composition representation, certification, country-of-origin representation, warranty, or legal requirement.

Suppliers, mills, processors, material sources, and other non-material aspects of product sourcing may change because of agricultural conditions, supply constraints, certification availability, transportation issues, supplier interruptions, or other commercial circumstances. To the fullest extent permitted by law, such changes may occur without prior notice where the resulting product remains materially consistent with the representations applicable at the time of sale.

A materially equivalent or superior component may be substituted where the substitution does not materially alter the represented nature, construction, attributes, quality, safety, or intended performance of the product.

If product information or pricing is materially incorrect because of a typographical, technical, system, or other bona fide error, we may correct the error and, where legally permitted, cancel an affected order and refund amounts paid.

6. REFERENCE PRICES

Latex For Less may display crossed-out, comparison, suggested-retail, comparable-value, former, regular, or other reference prices ("Reference Prices").

The meaning of a Reference Price is determined by the benchmark identified in or reasonably accessible from the applicable product page, offer, advertisement, or pricing disclosure.

A Reference Price identified as a former price, regular price, manufacturer-suggested price, comparable value, competitor comparison, or other defined benchmark means only the benchmark specifically identified.

Any stated dollar or percentage savings is measured against the identified Reference Price unless another basis is expressly stated.

Comparable products, prices, attributes, and market data may change over time. Latex For Less may periodically update applicable benchmarks provided they are made in good faith, reasonably substantiated when displayed, and otherwise comply with applicable law.

Products may be offered at the same or lower selling price during later promotional events.

Nothing in these Terms authorizes a fictitious, misleading, or legally prohibited pricing comparison.

7. PROMOTIONS AND PROMOTIONAL PRICING

Latex For Less may offer promotional pricing, discounts, promotional codes, gifts, bundles, financing offers, free items, or other promotional benefits ("Promotions").

Promotions may be subject to eligibility requirements, exclusions, minimum purchases, product or geographic restrictions, inventory limitations, stated start or end dates, promotional codes, and other promotion-specific terms.

Subject to applicable law and stated promotion terms, Latex For Less may modify, suspend, terminate, replace, or truthfully extend a Promotion.

A Promotion may end and another begin immediately afterward. A subsequent Promotion may offer the same, greater, or lesser savings or benefits.

Nothing in these Terms authorizes false or misleading representations regarding urgency, finality, duration, scarcity, pricing, savings, or availability.

Unless otherwise stated:

• Promotional Codes are non-transferable;
• limited to the use or uses stated in the offer;
• not redeemable for cash;
• not valid toward taxes;
• may be subject to exclusions or financing restrictions; and
• may be restricted from combination with other offers.

Only Promotional Codes issued by Latex For Less or an authorized partner and used in accordance with their terms will be honored.

To the fullest extent permitted by law, a code may be rejected if copied, sold, transferred contrary to its terms, expired, invalid, improperly obtained, or prohibited by law.

Unless the applicable offer or law provides otherwise, the value of a Promotional Code is not refundable or recredited when a product is returned.

8. ORDER ACCEPTANCE

Submitting an order or receiving an order-confirmation message does not necessarily constitute final acceptance.

Subject to applicable law, we may request additional verification, limit quantities, refuse orders reasonably suspected of fraud, resale, or abuse, correct bona fide pricing or product-information errors, or cancel orders we cannot fulfill.

If we cancel an order after payment has been collected, the applicable amount will be refunded.

9. PAYMENT

By providing a payment method, you represent that you are authorized to use it, the information supplied is accurate, and you authorize applicable charges for the order, including disclosed taxes, shipping, and services.

Purchases using third-party financing or payment services may also be subject to the provider's terms.

Unless otherwise stated, purchases through the U.S. Site are denominated in U.S. dollars.

10. SHIPPING, DELIVERY, AND WHITE GLOVE SERVICES

Shipping and delivery are governed by the policies and terms presented on the Site and applicable to the transaction.

Free shipping applies only where expressly offered and is subject to geographic and product limitations.

White Glove or in-home delivery services, where offered, may involve independent providers.

Unless applicable delivery instructions provide otherwise:

• an adult age 18 or older must be available at the scheduled delivery location;
• the customer must provide safe and reasonable access; and
• any mattress or other product accepted for removal must be sanitary and reasonably safe to handle.

Except where nonperformance results from Latex For Less or the delivery provider, or where law requires otherwise, White Glove fees may become non-refundable once the product has been tendered to the White Glove provider or service-specific work has begun.

If, after dispatch or tender to a delivery provider, a customer cancels or refuses delivery, is unavailable, fails to provide required access, or delays or reschedules delivery outside the provider's permitted scheduling window, the customer may be responsible for disclosed and legally permitted storage, redelivery, handling, return-transportation, and similar actual charges.

Additional delivery requirements disclosed in the applicable Shipping or Delivery Policy are incorporated into these Terms for that transaction.

11. SLEEP TRIALS, RETURNS, AND EXCHANGES

Sleep-trial, return, and exchange eligibility varies by product.

The applicable terms are contained in the Latex For Less Return Policy, the applicable mattress-trial terms, and product-specific terms presented at or before purchase.

For a mattress purchase for which the Site states that a 120-night mattress trial applies, that trial is governed by the 120-night terms applicable to the transaction. If a different trial period is expressly disclosed at or before purchase, that disclosed period controls.

Nothing in these Terms grants a mattress trial to toppers, pillows, foundations, adjustable bases, bedding, clearance products, or other products for which a different return rule is disclosed.

Products identified as final sale, clearance, custom, non-returnable, or otherwise excluded may have different rights as disclosed at the time of sale, subject to applicable law.

Where a minimum adjustment period, product-condition requirement, donation requirement, return-shipping requirement, concierge-removal option, convenience fee, or other return condition applies, the terms disclosed in the applicable return policy or transaction-specific terms control.

12. PRODUCT DEFECTS, NONCONFORMITY, INSPECTION, AND RIGHT TO CURE

If you believe a product is defective, damaged, improperly manufactured, materially different from advertised specifications, or subject to a warranty claim, please notify Latex For Less promptly and within any applicable warranty or policy period.

To the fullest extent permitted by law, a purchaser asserting such a claim must provide information reasonably sufficient for evaluation, which may include:

• purchaser name;
• order number;
• product information;
• description of the claimed issue;
• requested relief;
• photographs or video where reasonably available; and
• other relevant information reasonably necessary to investigate.

Where reasonably practicable, you agree to preserve the product in its then-current condition and provide Latex For Less a reasonable opportunity to inspect, measure, photograph, test, or otherwise evaluate it before material alteration, destruction, or disposal.

To the fullest extent permitted by law, before initiating formal proceedings concerning an alleged defect or material nonconformity, you agree to provide Latex For Less a reasonable opportunity to address the issue.

Depending upon the circumstances and applicable warranty, Latex For Less may inspect, repair, rework, replace a component, replace the product, refund an appropriate amount, or provide another legally appropriate remedy.

This Section does not restrict non-waivable statutory rights or require delay of emergency measures reasonably necessary to prevent imminent personal injury or substantial property damage.

13. CHARGEBACKS AND PAYMENT DISPUTES

A payment processor's determination concerning a chargeback does not necessarily determine the parties' underlying contractual rights.

If you retain products for which payment has been reversed and an amount remains lawfully due, Latex For Less may pursue lawful collection remedies.

To the extent permitted by law, Latex For Less may recover reasonable collection-agency fees, court costs, and attorneys' fees actually incurred in collecting amounts finally determined to be lawfully due and unpaid.

Nothing in this Section limits a consumer's lawful right to dispute a charge, contest an amount claimed to be due, or exercise any non-waivable billing, payment, or chargeback right.

14. WARRANTIES, PRODUCT CLAIMS, AND HEALTH INFORMATION

Products may be covered by separately stated Product Warranties. Where the applicable Product Warranty conflicts with these Terms regarding warranty coverage, the Product Warranty controls.

Product pages and advertising may contain claims regarding:

• natural or organic attributes;
• latex, cotton, wool, or other material composition;
• certifications;
• environmental or sustainability characteristics;
• country of origin or domestic manufacturing;
• fiberglass or fire-barrier construction;
• chemical, VOC, or odor characteristics;
• cooling;
• comfort;
• pressure relief;
• durability; or
• other product attributes.

Such claims are governed by the specific wording and qualifications accompanying the claim and applicable law.

Nothing in these Terms authorizes Latex For Less or a Covered Party to make a false, misleading, or unsubstantiated objective product, health, environmental, certification, origin, or safety claim.

Information concerning sleep, comfort, pressure relief, ergonomics, wellness, allergies, back pain, sleep disorders, or similar topics is provided for general informational purposes and is not medical advice, diagnosis, or treatment.

Nothing on the Site creates a physician-patient or other healthcare-professional relationship.

15. ELECTRONIC COMMUNICATIONS

When you interact with Latex For Less electronically, you consent to receive transactional notices, agreements, disclosures, and other legally permitted communications electronically.

Electronic communications may satisfy legal writing requirements to the extent permitted by applicable law.

This Section does not by itself constitute consent to promotional email or SMS where separate consent is required.

16. EMAIL MARKETING

Where you affirmatively subscribe to promotional email, you consent to receive such communications subject to applicable law.

You may unsubscribe using the mechanism contained in promotional email.

Transactional, service-related, account, security, or legally required communications may continue where permitted.

Nothing in these Terms authorizes false, deceptive, or legally prohibited commercial email or subject-line practices.

17. SMS, TELEPHONE, AND MOBILE MESSAGING

Participation in Latex For Less SMS or mobile-messaging programs is subject to the applicable Messaging Terms and Privacy Notice presented at enrollment.

Consent to receive marketing text messages is not a condition of purchase.

Message frequency and availability may vary. Standard message and data rates may apply.

You may opt out as stated in the applicable Messaging Terms.

State-specific restrictions may apply.

Nothing in these Terms limits a non-waivable consent, revocation, Do Not Call, or other right under applicable telephone or messaging law.

18. CREATORS, INFLUENCERS, AFFILIATES, ENDORSERS, AND TESTIMONIALS

Latex For Less may work with creators, influencers, affiliates, endorsers, ambassadors, referral partners, publishers, spokespersons, reviewers, and other promotional partners.

These persons may receive compensation, commissions, free or discounted products, gifts, incentives, or other consideration.

Persons acting on our behalf are required to comply with applicable advertising and endorsement requirements, including disclosure of material relationships where required.

They are not authorized to make false or misleading representations, unauthorized medical claims, claims inconsistent with approved or substantiated information, or conceal a material relationship where disclosure is required.

Reviews, testimonials, and creator statements reflect individual experiences unless expressly stated otherwise and do not guarantee another customer's experience.

19. CUSTOMER REVIEWS AND USER CONTENT

Certain areas of the Site may permit submission of reviews, ratings, photographs, videos, testimonials, public comments, or other content intentionally submitted for public display (collectively, "User Content").

User Content does not include private customer-service communications, emails, chats, telephone communications, warranty or return communications, complaints, or Personal Information submitted for the purpose of obtaining customer service, which are handled in accordance with our Privacy Policy.

You are responsible for User Content you submit.

You retain ownership of any intellectual-property rights you otherwise have in your User Content, subject to the license granted below.

Except where a privacy notice or applicable law provides otherwise, voluntarily submitted public User Content is treated as non-confidential and non-proprietary.

By submitting User Content, you represent, where applicable, that:

• it reflects your genuine experience, opinion, or creation;
• you own or control the rights necessary to submit it and grant the rights provided in these Terms;
• required permissions have been obtained for third-party content;
• it does not infringe intellectual-property, privacy, publicity, contractual, or other rights;
• it is not knowingly false or misleading;
• it does not contain unlawful threats, defamation, malicious code, unauthorized advertising, or confidential third-party information; and
• any legally required material-connection disclosure has been made.

Latex For Less will not suppress a review merely because it expresses a negative opinion.

We may moderate, reject, restrict, or remove User Content for legitimate reasons including fraud, spam, irrelevance, unlawful content, threats, obscenity, personal or confidential information, intellectual-property violations, failure to disclose required material connections, suspected bot or competitor activity, or violation of published review standards.

Moderation standards will be applied without regard to whether a review is favorable or unfavorable except where law permits otherwise.

By submitting User Content, you grant Sleep, Inc. d/b/a Latex For Less and its affiliates a worldwide, perpetual and, to the extent permitted by law, irrevocable, non-exclusive, transferable, fully paid, royalty-free license, sublicensable through multiple tiers, to host, store, use, reproduce, copy, modify, adapt, create derivative works from, translate, publish, distribute, transmit, publicly perform, publicly display, promote, advertise, and otherwise use the User Content, in whole or in part, in any format or medium now known or later developed, for lawful business, commercial, advertising, and promotional purposes.

This license includes, to the extent submitted with the User Content and permitted by law, the right to use the associated name, username, image, voice, and likeness.

Latex For Less may edit User Content for length, formatting, grammar, or technical compatibility, but will not knowingly materially alter the meaning of a consumer review or testimonial in a manner that makes it misleading.

To the extent permitted by law, you waive and agree not to assert moral rights or similar rights in User Content against uses authorized by these Terms.

Latex For Less is not obligated to host, retain, display, or distribute User Content and may discontinue displaying it in accordance with applicable law and our policies. The foregoing license survives deletion or removal of User Content and account closure to the extent necessary for uses already made, materials already created, or other lawful purposes, subject to non-waivable privacy, deletion, and consumer rights.

20. PRIVACY, COOKIES, TRACKING TECHNOLOGIES, AND CONSENT

Our collection, use, and disclosure of Personal Information are described in our Privacy Policy and other applicable privacy notices.

The Site may use cookies, pixels, analytics tools, advertising technologies, chat technologies, session-replay technologies, device-identification technologies, and similar technologies operated by Latex For Less or service providers, subject to applicable law and available privacy choices.

Your acceptance of these Terms does not by itself constitute consent to a collection, use, disclosure, sale, sharing, recording, interception, automated processing, targeted advertising, or other processing activity where applicable law requires a separate notice, opt-in, opt-out opportunity, affirmative consent, or other authorization. Any such legally required consent or choice will be obtained or provided through the applicable privacy, cookie, communication, or other mechanism.

The Privacy Policy describes applicable privacy practices and choices. A Privacy Policy, cookie disclosure, or these Terms do not by themselves establish legally sufficient consent where applicable law requires an additional affirmative act.

This Section does not authorize collection, interception, recording, disclosure or use prohibited by applicable law and does not eliminate any notice, opt-out, opt-in or consent requirement that applicable law requires to occur before a particular technology is activated.

References in these Terms to tracking, recording, session replay, wiretap, interception, or similar terminology are intended to describe potential subject matter of a Dispute and do not constitute an admission or legal characterization that any technology or practice performs an act bearing that legal label.

21. ACCESSIBILITY

Latex For Less is committed to providing individuals with disabilities meaningful access to its goods and services.

If you experience difficulty accessing the Site, checkout, forms, electronic documents, communications, or customer-service channels because of a disability, contact us at info@latexforless.com or 1-888-339-1100.

We will make reasonable efforts to provide access through an appropriate alternative method and investigate reported accessibility issues.

If a disability makes a required Notice-of-Dispute procedure impracticable, contact us to request a reasonably accessible alternative method.

Nothing in this Section limits rights or obligations under applicable disability-access law.

22. THIRD-PARTY SERVICES

The Site may include links, integrations, payment providers, financing services, advertising platforms, or other services operated by third parties.

Their services may be governed by separate terms and privacy policies.

Except where Latex For Less is legally responsible for the conduct at issue, we do not control independent third-party services and do not guarantee their availability, accuracy, or performance.

A link or integration does not by itself constitute endorsement.

23. PROHIBITED USES

You may not use the Site to:

• violate law;
• infringe another person's rights;
• commit fraud;
• impersonate another person;
• stalk, harass, or harm another person;
• interfere with the Site or connected systems;
• introduce malicious code;
• obtain unauthorized access;
• circumvent security or access restrictions;
• use bots or automated systems for unauthorized purchases or submissions;
• scrape, crawl, mine, harvest, or systematically extract data or content without authorization; or
• otherwise misuse the Site.

Except as expressly permitted by these Terms, by Latex For Less in writing, or by applicable law, you may not copy, modify, reproduce, republish, transmit, distribute, frame, mirror, create derivative works from, reverse engineer, decompile, systematically download, commercially exploit, or otherwise use Site content outside the limited rights granted.

Nothing prohibits ordinary use of assistive technologies, accessibility tools, standard browser functions for personal access, or conduct expressly permitted by law.

24. INTELLECTUAL PROPERTY

The Site, product names, trademarks, logos, slogans, trade dress, content, photographs, designs, graphics, text, software, and related materials are owned by or licensed to Sleep, Inc. d/b/a Latex For Less or its affiliates and are protected by applicable law.

Latex For Less and related product names, logos, slogans, and trade dress are trademarks or service marks of their respective owners.

No license is granted except the limited, revocable, non-exclusive right to use the Site for lawful personal, non-commercial purposes in accordance with these Terms.

25. FEEDBACK

If you voluntarily provide ideas, suggestions, concepts, know-how, techniques, product-development suggestions, or similar feedback specifically for the purpose of suggesting improvements to Latex For Less, its products, services, or Site ("Feedback"), such Feedback will be treated as non-confidential and non-proprietary unless we expressly agree otherwise in writing.

Feedback does not include consumer reviews or testimonials, User Content governed by Section 19, private customer-service communications, complaints, warranty or return communications, or Personal Information governed by our Privacy Policy.

To the extent legally assignable, you assign to Sleep, Inc. all right, title, and interest you may have in Feedback.

To the extent any such rights cannot validly be assigned, you grant Sleep, Inc. d/b/a Latex For Less and its affiliates a perpetual, irrevocable to the extent permitted by law, worldwide, transferable, sublicensable, fully paid, royalty-free license to use, reproduce, modify, adapt, create derivative works from, manufacture or have manufactured from, license, market, commercialize, and otherwise exploit the Feedback for any lawful purpose.

Latex For Less has no obligation to use Feedback or provide attribution or compensation for it.

26. WEBSITE WARRANTY DISCLAIMER

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, DIGITAL SERVICES, AND GENERAL CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.”

TO THE FULLEST EXTENT PERMITTED BY LAW, LATEX FOR LESS DISCLAIMS EXPRESS, IMPLIED, AND STATUTORY WARRANTIES RELATING TO THE SITE, DIGITAL SERVICES, AND GENERAL CONTENT, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, AND RELIABILITY.

LATEX FOR LESS DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL CODE, OR THAT INFORMATION OBTAINED THROUGH THE SITE WILL ALWAYS BE ACCURATE OR COMPLETE.

THIS SECTION APPLIES TO THE SITE, DIGITAL SERVICES, AND GENERAL CONTENT. IT DOES NOT ELIMINATE OR LIMIT AN EXPRESS PRODUCT WARRANTY, NON-WAIVABLE IMPLIED PRODUCT WARRANTY, OR OTHER NON-WAIVABLE CONSUMER RIGHT APPLICABLE TO A PURCHASED PRODUCT OR SERVICE.

27. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LATEX FOR LESS AND THE OTHER COVERED PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES EXCEPT WHERE SUCH LIMITATION IS PROHIBITED.

For a claim arising directly from a purchased product or service, Latex For Less's aggregate monetary liability under these Terms will not exceed the amount actually paid to Latex For Less for the product or service giving rise to the claim, except where applicable law provides a non-waivable remedy or prohibits such limitation.

To the fullest extent permitted by law, this limitation is intended to apply regardless of how monetary damages are characterized, including economic-loss, overpayment, benefit-of-the-bargain, restitutionary, emotional-distress, personal-injury, bodily-injury, or property-damage theories.

This limitation does not apply to the extent applicable law prohibits or renders unenforceable a limitation relating to personal injury, bodily injury, property damage, fraud, willful misconduct, gross negligence, strict product liability, statutory remedies, or other non-waivable liability.

For a claim relating solely to use of the Site and not arising from a purchased product or service, Latex For Less's aggregate monetary liability under these Terms will not exceed $100, to the fullest extent permitted by law.

Nothing limits a remedy or liability that applicable law prohibits the parties from limiting or waiving.

28. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Sleep, Inc. d/b/a Latex For Less and its officers, directors, employees, and agents from third-party claims arising directly from:

• your unlawful use of the Site;
• your material breach of these Terms;
• your violation of another person's rights; or
• User Content submitted by you.

Latex For Less may control the defense of a matter subject to indemnification, and no settlement binding Latex For Less may be entered without our written consent.

DISPUTE RESOLUTION

29. BROAD DEFINITION OF “DISPUTE” AND COVERED PARTIES

For Sections 29-37, "Dispute" has the broadest meaning permitted by law and includes any past, present, or future claim, controversy, or dispute arising from or relating to:

• the Site;
• products or services;
• purchases or orders;
• design, construction, manufacturing, materials, components, composition, or specifications;
• warranties;
• natural, organic, environmental, sustainability, certification, chemical/VOC, fiberglass, fire-barrier, safety, country-of-origin, or domestic-manufacturing claims;
• advertising;
• pricing and Reference Prices;
• Promotions;
• email or SMS marketing;
• telephone calls;
• consent or revocation;
• Do Not Call obligations;
• creators, influencers, affiliates, endorsements, or testimonials;
• reviews;
• privacy or confidentiality;
• communications;
• cookies, pixels, tracking, analytics, identity resolution, session replay, or chat technologies;
• accessibility;
• shipping, delivery, trials, returns, exchanges, or refunds;
• these Terms; or
• any relationship or interaction between you and a Covered Party.

A Dispute includes claims based in contract, warranty, statute, regulation, ordinance, tort, fraud, misrepresentation, negligence, strict liability, consumer protection, privacy, interception or wiretap law, disability-access law, telephone or messaging law, commercial-email law, unfair competition, or any other legal or equitable theory.

A request for individual injunctive, accessibility-remediation, or other equitable relief remains a covered Dispute subject to arbitration to the fullest extent permitted by law merely because the requested relief may incidentally benefit others.

Nothing waives a non-waivable right to seek public injunctive relief or another remedy that applicable law requires to remain available in a particular forum.

“Covered Parties” include Sleep, Inc. d/b/a Latex For Less and, where legally permitted, its predecessors, successors, assigns, parents, subsidiaries, affiliated companies and brands, officers, directors, employees, agents, contractors, manufacturers, suppliers, marketing providers, advertising agencies, creators, influencers, endorsers, affiliates, referral partners, publishers, technology providers, analytics providers, advertising-technology providers, consent-management providers, identity-resolution providers, chat providers, session-replay providers, data providers, payment providers, fulfillment and delivery providers, service providers, and other persons or entities whose conduct is asserted together with or arises from their relationship with Latex For Less.

Each Covered Party is an intended third-party beneficiary of Sections 29-37 for a Dispute arising from that Covered Party's relationship with or services for Latex For Less and may seek to enforce those provisions directly to the fullest extent permitted by law.

30. MANDATORY INDIVIDUALIZED INFORMAL DISPUTE RESOLUTION

Before initiating arbitration or litigation, the party asserting a Dispute must provide an individualized written Notice of Dispute.

A consumer Notice must be personally signed by handwritten or valid electronic signature and submitted by mail to:

Sleep, Inc. d/b/a Latex For Less
Attn: Legal Department - Notice of Dispute
3233 Mission Oaks Blvd., Building C
Camarillo, CA 93012

or through a secure Legal Notice submission process expressly designated by Latex For Less if one becomes available.

Every Notice must be individualized.

A law firm, claims aggregator, automated system, or representative may assist a claimant but may not substitute one claimant's signature, factual allegations, or requested relief for another claimant's individualized submission.

The Notice must contain:

1. the claimant's full name;
2. residential address;
3. telephone number;
4. relevant email address;
5. order number, if applicable;
6. a reasonably detailed factual basis;
7. the legal or contractual basis asserted, if known; and
8. the specific relief requested.

If represented, counsel or representative information must also be provided. The claimant must still personally sign the Notice.

For 60 days after receipt of a substantially complete Notice, the parties will attempt in good faith to resolve the Dispute.

Either party may request a telephone or video settlement conference. If requested, the claimant and a Latex For Less representative must personally participate; counsel may also attend.

Completion of this process is a condition precedent to arbitration or litigation to the fullest extent permitted by law.

Applicable limitation periods will be tolled during this 60-day process to the extent permitted by law.

If Latex For Less receives 20 or more substantially similar Notices within a rolling 180-day period brought by or with the assistance of coordinated counsel or organizations, Latex For Less may coordinate scheduling, common informational requests, and informal-resolution discussions for administrative efficiency, while maintaining individualized claims and relief.

A court of competent jurisdiction may determine compliance with this Section and may stay a proceeding or arbitration pending completion of the required process to the fullest extent permitted by law.

31. BINDING INDIVIDUAL ARBITRATION

Except for qualifying small-claims matters, claims that cannot lawfully be subjected to pre-dispute arbitration, and expressly stated exceptions, all Disputes will be resolved by final and binding individual arbitration under the Federal Arbitration Act (“FAA”).

Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules and, where applicable, Consumer Mass Arbitration Supplementary Rules in effect when arbitration is properly commenced.

If AAA is genuinely unavailable or unwilling to administer a particular Dispute, the parties will attempt in good faith to agree upon a nationally recognized substitute administrator. If agreement cannot be reached, either party may ask a court of competent jurisdiction to appoint an administrator or arbitrator as permitted by law.

Latex For Less may not unilaterally substitute an administrator after a Dispute arises.

Arbitration will be before one neutral arbitrator unless applicable rules provide otherwise.

Either party may elect qualifying small-claims court before an arbitrator is appointed.

Hearings may be conducted by video, telephone, or document submission where appropriate and permitted.

The arbitrator may award any individual relief available under applicable substantive law, subject to these Terms and non-waivable rights.

Except for issues concerning whether an agreement to arbitrate was ever formed, whether a timely arbitration opt-out was effective, compliance with Section 30 to the extent that Section expressly reserves an issue to a court, and issues expressly reserved to a court under Section 33, the arbitrator will have exclusive authority to determine disputes concerning interpretation, applicability, scope, enforceability, and arbitrability.

ARBITRATION IS INDIVIDUAL ONLY. THE ARBITRATOR MAY NOT CONDUCT, PRESIDE OVER, OR AWARD RELIEF IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ARBITRATION EXCEPT WHERE APPLICABLE LAW EXPRESSLY REQUIRES OTHERWISE.

32. ARBITRATION FEES AND COSTS

The party initiating arbitration is responsible for the maximum filing or administrative fee applicable law and the administrator's consumer rules permit to be charged to that party, including any maximum consumer filing fee then permitted by AAA, unless a waiver or different allocation is required by law or the administrator's rules.

Each party otherwise bears its own attorneys' fees, expert fees, and other costs unless applicable law or another enforceable provision permits or requires fee shifting.

Latex For Less will pay arbitration administrative or arbitrator fees that applicable rules or law require it to pay.

The arbitrator may reallocate fees or award attorneys' fees where permitted for frivolous, bad-faith, harassing, or sanctionable conduct or where statutory fee shifting applies.

Nothing requires Latex For Less voluntarily to pay a claimant's attorneys' fees, expert fees, or other costs except where legally required.

33. MASS ARBITRATION

If 25 or more substantially similar arbitration demands are filed with AAA and qualify for treatment as consumer mass arbitration under AAA's then-current Consumer Mass Arbitration Supplementary Rules, those rules will apply.

The parties may request any Process Arbitrator, case-management procedure, fee procedure, coordination mechanism, or administrative protection available under those rules.

Nothing authorizes class arbitration or permits an arbitrator to decide another claimant's individual merits unless applicable law and the parties' agreement permit it.

Threshold disputes concerning application of AAA's mass-arbitration procedures may be resolved through the process provided by AAA's rules or by a court where those rules or applicable law reserve the issue to a court.

To the fullest extent permitted by applicable law and AAA rules, affected proceedings and disputed mass-filing fees may be stayed while a threshold dispute concerning application of the mass-arbitration procedures is resolved.

34. CLASS, COLLECTIVE, CONSOLIDATED, AND REPRESENTATIVE ACTION WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND LATEX FOR LESS AGREE THAT EACH PARTY MAY BRING AND RESOLVE CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, REPRESENTATIVE, OR MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING.

This waiver operates independently from the Arbitration Agreement.

To the fullest extent permitted by law, it applies whether a Dispute proceeds in arbitration or court, including where arbitration is unavailable, unenforceable, or timely opted out of.

Nothing waives a right to seek public injunctive relief under California law or another non-waivable remedy.

If a court determines that a particular claim or remedy cannot lawfully be subject to this waiver, it will be severed to the minimum extent necessary.

To the extent permitted by law, any non-arbitrable public-injunctive claim may be stayed while arbitrable claims are resolved.

Invalidity of any portion of this Section will not invalidate the Arbitration Agreement unless applicable law requires that result.

35. JURY TRIAL WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND LATEX FOR LESS KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO HAVE A DISPUTE DECIDED BY A JURY, WHETHER THE DISPUTE IS SUBJECT TO ARBITRATION OR OTHERWISE PERMITTED TO PROCEED IN COURT.

36. ARBITRATION OPT-OUT

You may opt out of the binding arbitration requirement contained in this version of the Terms by sending a personally signed written notice within 30 days after your first legally sufficient acceptance of this version's Arbitration Agreement, whether through affirmative electronic assent or another manifestation of assent recognized by applicable law.

The notice must include:

• your full name;
• mailing address;
• email address;
• applicable order or account information, if any; and
• an unequivocal statement that you wish to opt out of arbitration.

Send the notice to:

Sleep, Inc. d/b/a Latex For Less
Attn: Legal Department - Arbitration Opt-Out
3233 Mission Oaks Blvd., Building C
Camarillo, CA 93012

Opting out will not affect your purchase or relationship with Latex For Less.

Unless prohibited by law, opting out of arbitration does not by itself opt you out of the independent Class, Collective, Consolidated, and Representative Action Waiver or Jury Trial Waiver.

A timely opt-out applies to this version only and does not cancel an earlier valid arbitration agreement unless law requires otherwise.

A later revision to these Terms does not create a new opt-out period for an earlier arbitration agreement unless required by applicable law or expressly stated in the applicable revision.

37. CHANGES TO DISPUTE-RESOLUTION PROVISIONS

Latex For Less will not apply a material modification to Sections 29-37 retroactively to a Dispute of which either party had written notice before the modification became effective.

Where renewed assent is required before a material change can govern, the change will not bind the affected user without that assent.

Existing Users and Updated Arbitration Terms. If you receive notice that updated Terms include a new or materially changed Arbitration Agreement, you may reject the updated Arbitration Agreement within 30 days after notice, or within any longer period stated in the notice, by following the procedure stated in the notice or these Terms. If you were already bound by an earlier arbitration agreement with Latex For Less, timely rejection of the updated Arbitration Agreement will not cancel that earlier agreement, which will continue to apply to the extent enforceable. If no earlier arbitration agreement applies to you, timely rejection will mean that the updated Arbitration Agreement does not apply to you. This Section does not eliminate any separate right under Section 36 to opt out of the Arbitration Agreement following a person's first legally sufficient acceptance of this version of the Terms.

Archived dispute-resolution terms will remain available for relevant prior agreements.

38. GOVERNING LAW AND VENUE

The FAA governs the interpretation and enforcement of the Arbitration Agreement.

Except where law requires otherwise, these Terms are governed by California law without regard to conflicts-of-law principles.

For a Dispute permitted to proceed in court and not subject to another enforceable forum, the parties consent to jurisdiction and venue in the appropriate state or federal courts serving Ventura County, California, except where applicable law provides a non-waivable venue right.

39. FORCE MAJEURE

Latex For Less will not be liable for delay or nonperformance caused by circumstances beyond its reasonable control, including natural disasters, fire, war, terrorism, epidemics or pandemics, labor disruption, transportation interruption, government action, supply-chain disruption, carrier failure, utility or communications failure, or similar events, subject to applicable law.

40. ASSIGNMENT

You may not assign rights or obligations under these Terms without our written consent.

Latex For Less may assign these Terms in connection with a merger, reorganization, financing, sale of assets, sale of business, corporate restructuring, or other lawful transfer.

These Terms bind and benefit permitted successors and assigns.

41. SEVERABILITY

Except where a more specific severability rule appears above, if a provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and remaining provisions will remain effective.

The parties intend that invalidity of a remedy limitation, class waiver, pre-dispute procedure, fee provision, or other discrete term not invalidate otherwise enforceable provisions unless law requires that result.

Nothing eliminates a non-waivable statutory consumer right.

42. NO WAIVER

Failure to enforce a provision on one occasion does not waive the provision or any other provision on another occasion.

43. SURVIVAL

Provisions that by their nature should survive termination or discontinued use will survive, including provisions concerning intellectual property, User Content licenses, Feedback, warranties and disclaimers, limitations of liability, indemnification, dispute resolution, class and jury waivers, payment and collection obligations, product claims, governing law, and preservation of prior agreements.

44. ENTIRE AGREEMENT

These Terms and documents expressly incorporated into them constitute the agreement concerning their subject matter and supersede prior contemporaneous representations concerning that subject matter except where a valid prior agreement or transaction-specific agreement remains applicable under Sections 2 or 3.

Nothing in this Section extinguishes a prior arbitration agreement, class waiver, warranty, or other right preserved under these Terms.

45. CALIFORNIA CONSUMER NOTICE

California users are entitled to the notice required by California Civil Code Section 1789.3.

Questions or complaints regarding the Site may be directed to:

Sleep, Inc. d/b/a Latex For Less
3233 Mission Oaks Blvd., Building C
Camarillo, CA 93012
Email: info@latexforless.com
Telephone: 1-888-339-1100

California consumers may also contact the Complaint Assistance Unit / Consumer Information Center of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at 800-952-5210.

Hearing-impaired persons may use 711 or the applicable California relay service.

46. CONTACT US

Questions concerning these Terms may be directed to:

Sleep, Inc. d/b/a Latex For Less
Attn: Legal Department
3233 Mission Oaks Blvd., Building C
Camarillo, CA 93012
Email: info@latexforless.com
Telephone: 1-888-339-1100