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

Please note: Where legally applicable, these Terms include an agreement to resolve certain disputes through individual arbitration, as well as class-action and jury-trial waivers. Please review Sections 25-33 carefully.

1. OPERATOR, SCOPE, AND NATURE OF THE SITE

These Terms of Use ("Terms") govern access to and use of LatexMattress.org and related websites, content, communications, programs, tools, and services operated by Sleep, Inc. d/b/a LatexMattress.org ("LatexMattress.org," "we," "us," or "our").

LatexMattress.org is primarily an educational, editorial, comparison, review, recommendation, and referral resource concerning latex mattresses, mattress materials, sleep products, manufacturers, retailers, and related topics.

Unless a transaction expressly identifies LatexMattress.org as the seller, merchant of record, or provider of a product or paid service, LatexMattress.org is not the seller of products discussed, reviewed, recommended, ranked, or linked from the Site.

These Terms do not replace separate terms that govern a purchase from a manufacturer, retailer, affiliated brand, marketplace, financing provider, or other seller.

2. ACCEPTANCE OF TERMS AND ELECTRONIC ASSENT

Certain Site-use rules in these Terms apply to access and use of the Site to the fullest extent enforceable under applicable law. However, merely visiting or reading publicly available editorial content does not by itself constitute affirmative assent to a materially revised arbitration or dispute-resolution provision.

Where the Site presents reasonably conspicuous notice that a specified action constitutes agreement to these Terms, taking that action constitutes affirmative electronic assent. Such actions may include creating an account, submitting a form or public review, entering a promotion, enrolling in a program, or completing a direct transaction where the applicable interface states that the action constitutes agreement.

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, or completing the identified action constitutes your electronic signature and affirmative acceptance.

We may retain electronic records reflecting when, where, and how assent was provided, including the applicable version of the Terms, form or interface, timestamp, account or submission information, transaction information if applicable, and other reasonably available evidence.

For telephone, chat, or customer-service interactions, these Terms apply as a contract only where you are provided notice of their application in a manner sufficient to create an enforceable agreement before completing the applicable transaction or action.

You must be at least 18 years old or the age of legal majority in your jurisdiction to enter into a binding transaction or contractual program with LatexMattress.org.

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.

3. ADDITIONAL POLICIES AND SPECIFIC TERMS

These Terms may operate together with our Privacy Policy, applicable Messaging Terms, promotion or contest rules, review or content standards, account terms, and other terms expressly identified for a particular Site feature, submission, program, or direct transaction.

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

If specific terms governing a Site feature, promotion, direct transaction, or program conflict with these general Terms, the more specific terms control solely with respect to the subject matter expressly addressed by those specific terms.

No separate promotion, messaging, review, referral, affiliate, account, or program terms supersede Sections 25-33 unless the separate agreement expressly identifies the specific provision being modified and expressly states that it supersedes that provision.

4. EFFECTIVE DATE; PRIOR AGREEMENTS; CHANGES TO THESE TERMS

These Terms become binding as a contractual agreement 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 LatexMattress.org terms, that earlier agreement is not extinguished merely because revised Terms are published. It will continue to govern transactions, rights, obligations, and Disputes to the extent it remains applicable and enforceable.

We may revise these Terms from time to time. Material changes apply prospectively from their stated effective date and are 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 became effective.

Material modifications to Sections 25-33 will apply only to the extent permitted by law. Where renewed or 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.

LatexMattress.org may retain archived versions of these Terms.

5. EDUCATIONAL AND EDITORIAL NATURE OF CONTENT

Site content is provided for general educational, informational, editorial, and comparative purposes. It may include articles, guides, reviews, recommendations, rankings, opinions, summaries, explanations, comparisons, product information, manufacturer information, retailer information, scientific or technical discussions, historical materials, and other content.

Content may be based on information supplied by manufacturers, retailers, certification bodies, public sources, scientific or technical literature, service providers, affiliated entities, or other sources reasonably believed relevant when the content was prepared.

Mattress constructions, formulations, materials, certifications, prices, warranties, trials, return policies, seller practices, product names, specifications, and market conditions can change. You should confirm material purchase information directly with the applicable seller or manufacturer before purchasing or relying on it.

Editorial statements may involve judgment, opinion, comparison, or generalization. Nothing in these Terms authorizes a false, misleading, deceptive, or unsubstantiated factual representation.

6. AFFILIATE, REFERRAL, OWNERSHIP, AND MATERIAL RELATIONSHIPS

LatexMattress.org is operated by Sleep, Inc. Sleep, Inc. may also own, operate, license, provide services to, or have economic relationships with brands, manufacturers, retailers, publishers, or websites that are discussed, reviewed, recommended, ranked, linked to, or otherwise referenced on the Site.

This includes affiliated brands operated by Sleep, Inc., including PlushBeds. Accordingly, some products, sellers, or brands discussed or recommended on LatexMattress.org may have a common ownership, affiliate, referral, service, advertising, or other economic relationship with LatexMattress.org or Sleep, Inc.

LatexMattress.org may receive direct or indirect economic benefit when users visit, purchase from, contact, or otherwise interact with certain recommended or linked brands, retailers, manufacturers, or services. Such benefits may include affiliate commissions, referral fees, advertising revenue, service fees, shared ownership economics, or other consideration.

Where applicable advertising, endorsement, consumer-protection, or other law requires disclosure of a material connection, we intend to provide a clear and conspicuous disclosure appropriate to the context of the recommendation, endorsement, ranking, review, advertisement, or link.

A material relationship does not authorize LatexMattress.org or another Covered Party to make a false, misleading, or unsubstantiated claim, conceal a legally required disclosure, or misrepresent the independence of an endorsement.

7. RECOMMENDATIONS, RANKINGS, REVIEWS, AND OPINIONS

Recommendations, rankings, ratings, reviews, comparisons, and opinions reflect the criteria, information, judgments, and methodology applicable when the content was created or updated. They are not guarantees that a particular product, brand, retailer, material, or mattress will be best for every person.

Different consumers may reasonably prefer different products based on comfort, firmness, body type, sleeping position, price, allergies, sensitivities, product availability, return terms, warranty terms, and other considerations.

We may update, reorder, add, remove, or revise editorial recommendations, comparisons, ratings, or rankings as products, information, market conditions, commercial relationships, or editorial judgments change, subject to applicable law.

Where a rating, review count, viewer score, or similar metric appears on the Site, it may reflect information available to us through the applicable rating or review mechanism and may change over time. Nothing in these Terms authorizes fabrication, suppression, or deceptive manipulation of ratings or reviews.

8. THIRD-PARTY SELLERS, PRODUCTS, AND TRANSACTIONS

The Site may link to, recommend, compare, or discuss products sold by affiliated or unaffiliated manufacturers, retailers, marketplaces, or other sellers.

Unless LatexMattress.org is expressly identified as the seller or merchant of record for a transaction, a purchase made after following a Site link is a transaction between you and the applicable seller. The seller's own pricing, payment, financing, shipping, delivery, trial, return, exchange, warranty, privacy, and other transaction terms apply.

A recommendation, ranking, review, link, referral, or ownership relationship does not by itself make LatexMattress.org the manufacturer, seller, warrantor, payment processor, shipper, delivery provider, or returns administrator for a separately sold product.

Nothing in this Section eliminates liability LatexMattress.org may independently have for its own advertising, representations, disclosures, endorsements, or other conduct to the extent applicable law imposes such liability.

9. PRICING, PROMOTIONS, TRIALS, RETURNS, AND WARRANTY INFORMATION

The Site may describe or display prices, sale prices, discounts, reference prices, promotional offers, financing offers, sleep trials, return policies, warranties, shipping offers, or other commercial terms offered by a manufacturer, retailer, affiliated brand, or other seller.

Unless LatexMattress.org expressly states that a term is offered by LatexMattress.org as the seller in a direct transaction, such information is descriptive of the applicable seller's offer and does not create an independent LatexMattress.org price guarantee, sleep trial, return right, financing obligation, warranty, or other seller obligation.

Third-party and affiliated-seller commercial terms may change without a simultaneous update to editorial content. Before purchasing, you should confirm current pricing, availability, exclusions, promotional terms, return rights, trial periods, warranties, and other material terms directly with the applicable seller.

Nothing in these Terms authorizes a fictitious reference price, deceptive savings claim, false urgency or scarcity representation, or other pricing practice prohibited by applicable law.

10. DIRECT TRANSACTIONS WITH LATEXMATTRESS.ORG, IF OFFERED

This Section applies only if a transaction expressly identifies Sleep, Inc. d/b/a LatexMattress.org as the seller, merchant of record, or direct provider of the applicable product or paid service.

For such a direct transaction, submitting an order or receiving an automated confirmation does not necessarily constitute final acceptance. Subject to applicable law, we may request verification, limit quantities, refuse orders reasonably suspected of fraud, resale, or abuse, correct bona fide pricing or product-information errors, or cancel an order we cannot fulfill. If we cancel after payment has been collected, the applicable amount will be refunded.

By providing a payment method for a direct transaction, you represent that you are authorized to use it and authorize disclosed charges, taxes, shipping, and services.

Any direct shipping, trial, return, exchange, warranty, or service terms will be those expressly presented at or before the transaction. No editorial description of another seller's policy creates a direct LatexMattress.org obligation.

A payment processor's determination concerning a chargeback does not necessarily determine the parties' underlying contractual rights. Nothing limits a consumer's lawful right to dispute a charge or exercise any non-waivable billing or chargeback right.

11. HEALTH, MEDICAL, SLEEP, AND WELLNESS INFORMATION

The Site may discuss sleep, pain, pressure relief, ergonomics, allergies, sensitivities, breathing concerns, medical conditions, injuries, mobility, sleep disorders, wellness, or related topics.

All such information is provided for general educational and informational purposes only and is not medical advice, diagnosis, treatment, or a recommendation to begin, discontinue, or modify medical care. Nothing on the Site creates a physician-patient, clinician-patient, therapist-patient, or other healthcare-professional relationship.

Mattress comfort and suitability are highly individual. If you have a medical condition, injury, allergy, sleep disorder, disability, chronic pain, or other health concern, consult an appropriately qualified healthcare professional regarding your individual circumstances.

Nothing in these Terms authorizes or validates a false, misleading, unsubstantiated, or legally prohibited medical, therapeutic, health, scientific, safety, efficacy, or disease-related claim.

A disclaimer does not convert an otherwise false or unsubstantiated objective claim into a lawful one.

12. PRODUCT, SCIENTIFIC, ENVIRONMENTAL, CHEMICAL, AND CERTIFICATION INFORMATION

The Site may discuss natural latex, synthetic latex, blended latex, Dunlop and Talalay processing, organic materials, certifications, chemical or VOC characteristics, off-gassing, environmental attributes, flammability, durability, pressure relief, cooling, antimicrobial or allergen-related characteristics, country of origin, manufacturing practices, and other product attributes.

Such information may depend on the particular product, component, production method, certification scope, test method, supplier, seller, or date. A statement about one product or material should not automatically be assumed to apply to every product in the same general category.

Certification marks, laboratory results, environmental claims, health or safety claims, and objective scientific claims should be interpreted according to the specific wording, scope, qualification, test method, or standard accompanying the claim.

Nothing in these Terms authorizes a false, misleading, unsubstantiated, or legally prohibited product-composition, scientific, chemical, environmental, certification, safety, origin, performance, or comparative claim.

Where content relies on manufacturer or third-party information, you should confirm critical specifications and certifications directly with the applicable manufacturer, certifier, or seller before purchase.

13. ACCOUNTS AND RESTRICTED FEATURES

Most public Site content may be available without an account. If we offer an account or password-restricted feature, you agree to provide accurate, current, and complete information; safeguard credentials; reasonably restrict unauthorized access; and notify us if you believe your account or credentials have been compromised.

You are responsible for activity you authorize through your account. Nothing makes you responsible for unauthorized activity to the extent applicable law provides otherwise.

We may suspend or restrict an account where reasonably necessary to protect the user, Site, other users, or LatexMattress.org from suspected fraud, abuse, or security risk, subject to applicable law.

14. ELECTRONIC COMMUNICATIONS AND EMAIL MARKETING

When you interact with us electronically, you consent to receive transactional, service, account, legal, and other legally permitted communications electronically where applicable.

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

Where you affirmatively subscribe to promotional email, you consent to receive such communications subject to applicable law. You may unsubscribe using the mechanism included in promotional email.

Transactional, service-related, security, legal, or other non-promotional communications may continue where permitted.

Nothing authorizes false, deceptive, or legally prohibited commercial email, sender information, or subject-line practices.

15. SMS, TELEPHONE, AND MOBILE MESSAGING

Participation in any LatexMattress.org SMS or mobile-messaging program is subject to the applicable Messaging Terms and Privacy Notice presented at enrollment.

Consent to receive marketing text messages is not a condition of purchasing goods or services.

Message frequency may vary. Message and data rates may apply. You may opt out as stated in the applicable Messaging Terms, including by replying STOP where that mechanism is provided.

State-specific restrictions may apply. Nothing in these Terms limits any non-waivable consent, revocation, Do Not Call, telephone, text-message, or mobile-marketing right under applicable law.

We do not rely on a hard-coded exclusion of residents of a particular state where a legally compliant program may operate subject to applicable consent and other requirements.

16. REVIEWS AND PUBLIC USER CONTENT

Certain Site features may permit you to submit a review, rating, public comment, photograph, video, testimonial, or other material intentionally submitted for public display (collectively, "User Content").

User Content does not include private customer-service communications, emails, chats, telephone communications, complaints, privacy requests, health-related communications submitted for assistance, or other Personal Information provided for a private purpose.

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

By submitting User Content, you represent, where applicable, that it reflects your genuine experience or opinion; you have the rights necessary to submit it; it does not infringe another person's rights; it is not knowingly false or misleading; and any legally required material-connection disclosure has been made.

LatexMattress.org 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, undisclosed material connections, suspected bot or competitor activity, or violation of published content standards.

By submitting User Content, you grant Sleep, Inc. d/b/a LatexMattress.org 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, modify, adapt, translate, publish, distribute, transmit, publicly display, promote, advertise, and otherwise use the User Content for lawful business, editorial, and promotional purposes.

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

17. FEEDBACK

If you voluntarily provide ideas, suggestions, concepts, know-how, techniques, or similar feedback specifically for the purpose of improving LatexMattress.org, its content, tools, products, or services ("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, User Content governed by Section 16, private customer-service communications, health-related communications, complaints, privacy requests, 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 rights cannot validly be assigned, you grant Sleep, Inc. and its affiliates a perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free license to use and commercialize the Feedback for lawful purposes.

18. PRIVACY, COOKIES, TRACKING TECHNOLOGIES, AND AI

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, affiliate or attribution technologies, device-identification technologies, chat technologies, session-replay technologies, and similar technologies, 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.

LatexMattress.org may use artificial intelligence or automated technologies to assist with content, search, customer support, analytics, security, or other business functions. AI-generated output may be incomplete or inaccurate and should not be relied upon as medical, legal, financial, or other professional advice.

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.

19. THIRD-PARTY LINKS, SERVICES, AND CONTENT

The Site may contain links, embeds, integrations, advertisements, or references to websites, products, services, manufacturers, retailers, publishers, scientific sources, social platforms, videos, or other resources operated by third parties.

Except where LatexMattress.org is legally responsible for the conduct at issue, we do not control independent third-party services and do not guarantee their availability, accuracy, security, privacy practices, pricing, performance, policies, or content.

A link, recommendation, or commercial relationship may constitute an endorsement in context, but it does not by itself make LatexMattress.org responsible for the independent seller's transaction performance.

Your use of an independent third-party service is subject to that provider's own terms and privacy practices, except to the extent applicable law makes LatexMattress.org independently responsible.

20. ACCESSIBILITY

LatexMattress.org is committed to providing individuals with disabilities meaningful access to its Site and services.

If you experience difficulty accessing the Site, electronic documents, forms, communications, or other LatexMattress.org services because of a disability, contact support@latexmattress.org. We will make reasonable efforts to provide access through an appropriate alternative method and to 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 any right or obligation under applicable disability-access law.

21. PROHIBITED USES

You may not use the Site to violate law; infringe another person's rights; commit fraud; impersonate another person; misrepresent affiliation; stalk, harass, or harm another person; interfere with the Site, servers, or networks; introduce malicious code; obtain unauthorized access; defeat security or technical restrictions; use bots or automated systems for unauthorized 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 LatexMattress.org in writing, or by applicable law, you may not copy, modify, republish, distribute, frame, mirror, create derivative works from, reverse engineer, 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, lawful indexing by search engines consistent with applicable technical directives, or conduct expressly permitted by law.

22. INTELLECTUAL PROPERTY

The Site, domain name, trademarks, service marks, logos, slogans, content, photographs, designs, graphics, text, software, databases, compilations, editorial materials, and other content are owned by or licensed to Sleep, Inc. or other applicable rights holders and are protected by intellectual-property laws.

LatexMattress.org and related marks are trademarks or service marks of their applicable owners or licensors. Third-party names, product names, trademarks, certification marks, logos, and other indicia appearing on the Site remain the property of their respective owners.

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

23. WEBSITE AND CONTENT WARRANTY DISCLAIMER

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, DIGITAL SERVICES, EDITORIAL CONTENT, COMPARISONS, RECOMMENDATIONS, RANKINGS, REVIEWS, AND GENERAL INFORMATION ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE."

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

LATEXMATTRESS.ORG DOES NOT WARRANT THAT CONTENT WILL ALWAYS BE CURRENT, COMPLETE, ERROR-FREE, OR SUITABLE FOR YOUR PARTICULAR HEALTH, COMFORT, PURCHASE, OR PRODUCT- SELECTION NEEDS.

This disclaimer does not eliminate a written product warranty that LatexMattress.org itself expressly provides in a direct transaction, or any non-waivable consumer right.

24. LIMITATION OF LIABILITY AND INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY LAW, LATEXMATTRESS.ORG 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 relating solely to use of the Site, editorial content, recommendations, referrals, rankings, reviews, links, or other non-purchase Site activity, LatexMattress.org's aggregate monetary liability under these Terms will not exceed $100, to the fullest extent permitted by law.

If LatexMattress.org is expressly identified as the seller or direct provider in a transaction, aggregate monetary liability arising directly from that purchased product or service will not exceed the amount actually paid to LatexMattress.org for the product or service giving rise to the claim, except where applicable law provides a non-waivable remedy or prohibits the limitation.

LatexMattress.org does not assume a third-party or affiliated seller's independent contractual liability merely because the Site linked to, recommended, ranked, reviewed, or described the seller or product, except where applicable law makes LatexMattress.org independently responsible for its own conduct.

Nothing limits liability or remedies that applicable law prohibits the parties from limiting or waiving, including where applicable law renders a limitation unenforceable for fraud, willful misconduct, gross negligence, personal injury, bodily injury, strict product liability, statutory remedies, or other non-waivable liability.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless LatexMattress.org and its officers, directors, employees, and agents from third-party claims arising directly from your unlawful use of the Site, material breach of these Terms, violation of another person's rights, or User Content submitted by you.

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

DISPUTE RESOLUTION

25. BROAD DEFINITION OF “DISPUTE” AND COVERED PARTIES

For Sections 25-33, "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; editorial content; recommendations; rankings; ratings; reviews; ownership or affiliate disclosures; advertising; endorsements; referrals; third-party links; products or sellers discussed or recommended; health, medical, sleep, wellness, scientific, environmental, chemical, certification, safety, origin, product-composition, or comparative claims; pricing or promotional information; email or SMS communications; privacy; cookies; pixels; tracking; analytics; advertising technologies; identity resolution; session replay; chat or messaging technologies; AI or automated technologies; accessibility; User Content; Feedback; direct transactions if any; 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, unfair competition, false advertising, endorsement law, privacy, interception or wiretap law, disability-access law, telephone or messaging law, commercial-email law, 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 LatexMattress.org and, where legally permitted, its predecessors, successors, assigns, parents, subsidiaries, affiliated companies and brands (including affiliated brands discussed or linked from the Site), officers, directors, employees, agents, contractors, publishers, manufacturers, suppliers, retailers, affiliate or referral partners, advertising and public-relations providers, creators, influencers, endorsers, technology providers, analytics providers, advertising-technology providers, consent-management providers, chat or session-replay providers, payment providers, service providers, and other persons or entities whose conduct is asserted together with or arises from their relationship with LatexMattress.org.

Each Covered Party is an intended third-party beneficiary of Sections 25-33 with respect to a Dispute arising from that Covered Party's relationship with, services for, or activities undertaken in connection with LatexMattress.org and may seek to enforce those provisions to the fullest extent permitted by law.

26. MANDATORY INDIVIDUALIZED INFORMAL DISPUTE RESOLUTION

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

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

Sleep, Inc. d/b/a LatexMattress.org
Attn: Legal Department - Notice of Dispute
3233 Mission Oaks Blvd., Ste. C
Camarillo, CA 93012

or through any secure Legal Notice submission process expressly designated by LatexMattress.org for Notices of Dispute if such a process is made available.

An ordinary email or customer-service communication does not constitute a Notice of Dispute unless LatexMattress.org expressly designates that method for Notices of Dispute or applicable law requires otherwise.

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 provide:

1. the claimant's full name;
2. residential address;
3. telephone number;
4. email address associated with the relevant interaction, account, submission, or transaction, if any;
5. any relevant account, submission, communication, or transaction identifier, if any;
6. a reasonably detailed description of the factual basis for the Dispute;
7. the legal or contractual basis asserted, if known; and
8. the specific relief requested.

If represented, the Notice should identify the claimant's counsel or representative and provide current contact information. The claimant must still personally sign the Notice.

For 60 days after receipt of a substantially complete Notice, the parties agree to attempt in good faith to resolve the Dispute. Either party may request a telephone or video settlement conference. If requested, the claimant and a LatexMattress.org representative must personally participate; counsel may also attend.

Completion of this individualized process is a condition precedent to commencing 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 LatexMattress.org receives 20 or more substantially similar Notices within a rolling 180-day period brought by or with the assistance of the same or coordinated counsel, organizations, or claims-generation efforts, LatexMattress.org may coordinate scheduling, common informational requests, and informal-resolution discussions for administrative efficiency, provided each claimant's Notice and requested relief remain individualized and the coordinated process does not extend the 60-day period without the claimant's agreement or lawful order.

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.

27. BINDING INDIVIDUAL ARBITRATION

This Section applies only where an agreement to arbitrate has been formed through legally sufficient assent.

Except for claims properly brought in small claims court, claims that cannot lawfully be subjected to pre-dispute arbitration, and other expressly stated exceptions, all Disputes subject to an enforceable agreement to arbitrate shall 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 the arbitration is properly commenced, subject to these Terms and applicable law.

If AAA is genuinely unavailable or unwilling to administer a particular Dispute, the parties will attempt in good faith to agree on a nationally recognized substitute administrator. If they cannot agree, either party may ask a court of competent jurisdiction to appoint an administrator or arbitrator under applicable law. LatexMattress.org may not unilaterally substitute an administrator after a Dispute arises.

Arbitration will be conducted before one neutral arbitrator unless applicable rules provide otherwise. Either party may elect qualifying small claims court before an arbitrator is appointed.

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

Except for disputes concerning whether an agreement to arbitrate was ever formed, whether a timely arbitration opt-out was effective, compliance with Section 26 to the extent that Section expressly reserves an issue to a court, and issues expressly reserved to a court under Section 29, the arbitrator shall have exclusive authority to determine disputes concerning interpretation, applicability, scope, enforceability, or arbitrability.

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

28. ARBITRATION FEES AND COSTS

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

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

LatexMattress.org will be responsible for arbitration administrative or arbitrator fees that the governing rules or applicable law require it to pay.

To the fullest extent permitted by applicable law and arbitration rules, the arbitrator may reallocate fees and costs or award attorneys' fees where a claim or defense is frivolous, brought in bad faith, asserted for harassment, or otherwise subject to sanctions or statutory fee shifting.

29. MASS ARBITRATION

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

The parties may request any Process Arbitrator, case-management procedure, fee procedure, coordination mechanism, or other administrative protection available under AAA's then-current rules.

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

If the parties dispute whether the requirements for AAA mass-arbitration treatment have been met, either party may seek the procedural determination provided by AAA's rules or, where those rules or applicable law reserve the question to a court, seek a determination from a court of competent jurisdiction.

To the fullest extent permitted by 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.

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

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND LATEXMATTRESS.ORG 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 Section is intended to operate independently from the agreement to arbitrate. To the fullest extent permitted by law, it applies to a Dispute whether that Dispute proceeds in arbitration or in court, including where arbitration is unavailable, unenforceable, or timely opted out of, provided an enforceable contractual agreement to this Section was formed.

Nothing waives a right to seek public injunctive relief under California law or another non-waivable remedy to the extent applicable law prohibits such waiver.

If a court determines that a particular claim or remedy cannot lawfully be subject to this waiver, that claim or remedy will be severed to the minimum extent necessary. Invalidity of any portion of this Section will not invalidate the Arbitration Agreement unless applicable law requires that result.

31. JURY TRIAL WAIVER

TO THE FULLEST EXTENT PERMITTED BY LAW, WHERE AN ENFORCEABLE CONTRACTUAL AGREEMENT TO THIS SECTION HAS BEEN FORMED, YOU AND LATEXMATTRESS.ORG 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.

32. 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 account/submission/transaction information if any, and an unequivocal statement that you wish to opt out of arbitration.

Send the notice to:

Sleep, Inc. d/b/a LatexMattress.org
Attn: Legal Department - Arbitration Opt-Out
3233 Mission Oaks Blvd., Ste. C
Camarillo, CA 93012

Opting out of this version's arbitration requirement will not affect your ability to use otherwise available Site content or your relationship with LatexMattress.org.

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

A timely opt-out from this version affects this version only and does not cancel or invalidate any arbitration agreement previously validly formed between you and a Covered Party unless applicable 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.

33. CHANGES TO DISPUTE-RESOLUTION PROVISIONS

LatexMattress.org will not apply a material modification of Sections 25-33 retroactively to a Dispute of which either party had written notice before the modification became effective.

Where applicable law requires renewed assent before a material modification can govern, the modification will not become binding against the affected user without the required 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 LatexMattress.org, 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 32 to opt out of the Arbitration Agreement following a person's first legally sufficient acceptance of this version of the Terms.

The dispute-resolution terms governing an affirmative acceptance or direct transaction may be retained in archived versions of our Terms.

34. GOVERNING LAW AND VENUE

The Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement.

Except where applicable law requires otherwise, these Terms are governed by the laws of the State of California without regard to conflict-of-law principles.

For a Dispute permitted to proceed in court and not subject to a legally enforceable alternative 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.

35. FORCE MAJEURE

LatexMattress.org will not be liable for delay or nonperformance caused by circumstances beyond its reasonable control, including natural disasters, fire, war, terrorism, epidemic, pandemic, labor disruption, transportation interruption, government action, supply-chain disruption, hosting or network outages, utility or communications failure, or similar events, subject to applicable law.

36. ASSIGNMENT

You may not assign rights or obligations under an enforceable contractual portion of these Terms without our written consent.

LatexMattress.org 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.

37. SEVERABILITY

Except where a more specific severability rule appears above, if any 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 applicable law requires that result.

Nothing eliminates a non-waivable statutory consumer right.

38. NO WAIVER

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

39. SURVIVAL

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

40. ENTIRE AGREEMENT

These Terms and documents expressly incorporated into them constitute the agreement concerning their subject matter to the extent an enforceable contractual agreement has been formed, and supersede prior contemporaneous representations concerning that subject matter except where a valid prior agreement or specific program/transaction agreement remains applicable.

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

41. 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 LatexMattress.org
3233 Mission Oaks Blvd., Ste. C
Camarillo, CA 93012
Email: support@latexmattress.org

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.

42. CONTACT US

Questions concerning these Terms may be directed to:

Sleep, Inc. d/b/a LatexMattress.org
Attn: Legal Department
3233 Mission Oaks Blvd., Ste. C
Camarillo, CA 93012
Email: support@latexmattress.org