ECO TERRA 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 EcoTerraBeds.com and related websites, services, communications, programs, promotions, and products offered by Sleep, Inc. d/b/a Eco Terra ("Eco Terra," "we," "us," or "our").

By creating an account after being provided reasonably conspicuous notice that account creation constitutes agreement to these Terms; signing up for communications where the signup interface states that signing up constitutes agreement to these Terms; participating in a program or promotion where the applicable interface or rules state that participation constitutes agreement to these Terms; or ordering or purchasing a product or service after being provided 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, link, form notice, or other electronic notice stating that taking an identified action constitutes agreement to these Terms, checking that box, clicking that button, submitting the form, signing up, or completing the identified action constitutes your electronic signature and affirmative acceptance of these Terms.

Where checkout requires acceptance of these Terms, the Site will not permit the transaction to be completed unless the required assent is provided.

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

We may retain electronic records reflecting when, where, and how assent was provided, including the applicable version of these Terms, the form or checkout flow, timestamp, account or order information, and other available evidence of assent. Such records may be used to establish acceptance of these Terms.

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

If you create or use an account, you agree to provide and maintain accurate, current, and complete account information; safeguard your password and other login credentials; restrict access to devices through which your account may be accessed; and promptly notify Eco Terra if you reasonably believe your account, password, or other credentials have been compromised. You are responsible for activity that you authorize through your account. Nothing in this paragraph makes you responsible for unauthorized activity to the extent applicable law provides otherwise.

Eco Terra may suspend or restrict an account where reasonably necessary to protect the account, the Site, other users, or Eco Terra 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 AND TRANSACTION-SPECIFIC TERMS

These Terms may operate together with other policies and transaction-specific terms, including our Shipping and Delivery Policies, Sleep Trial and Return Policy, applicable Product Warranties, Messaging Terms, promotion-specific terms, sweepstakes or contest rules, referral, rewards, creator or affiliate program terms, marketplace terms, wholesale or commercial terms, financing terms, and other expressly identified terms governing a particular product, service, transaction, or program.

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

Notwithstanding the foregoing, no promotion, sweepstakes, rewards, referral, messaging, warranty, shipping, return, marketplace, creator, affiliate, financing, wholesale, product-specific, or other separate terms will supersede, replace, modify, or create an exception to Sections 29 through 37 of these Terms unless the separate agreement expressly identifies the specific provision of Sections 29 through 37 being modified and expressly states that it is intended to supersede that provision. A general governing-law, jurisdiction, venue, forum-selection, dispute-resolution, or arbitration provision in another agreement will not by itself supersede the Arbitration Agreement or other Dispute Resolution provisions of these Terms.

If the parties validly enter a later agreement that expressly states that it supersedes a specifically identified Dispute Resolution provision, the effect of that later agreement will be determined in accordance with its terms and applicable law.

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

These Terms become binding upon a person when that person affirmatively accepts them or otherwise assents to them in a manner recognized by applicable law on or after the Effective Date stated above.

If you previously validly agreed to an earlier version of Eco Terra's terms, that earlier agreement is not extinguished merely because these revised Terms are published. The earlier agreement will continue to govern transactions, rights, obligations, and Disputes to the extent that agreement remains applicable and enforceable.

Upon your valid acceptance of these revised Terms, these Terms will govern your subsequent relationship and interactions with Eco Terra and, to the fullest extent permitted by applicable 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 for a Dispute of which either party had provided written notice to the other before your acceptance of these revised Terms unless the parties separately agree otherwise.

If a court or arbitrator determines that these revised Terms cannot lawfully govern a particular prior transaction or Dispute, the version of the agreement that otherwise validly governed that transaction or Dispute will continue to apply to the fullest extent permitted by law.

Nothing in these Terms retroactively eliminates, releases, or waives a substantive right or claim 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 will 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 the substantive rights or obligations applicable to a Dispute of which either party had written notice before the modification's effective date.

Material changes to the Dispute Resolution, Arbitration, Class/Collective/Representative Action Waiver, or Jury Trial Waiver provisions will apply only to the extent permitted by applicable law and will not be imposed through an illusory or unrestricted unilateral-modification mechanism. Where affirmative assent is required, we will obtain such assent.

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

Eco Terra may retain archived versions of these Terms showing their applicable effective dates.

5. PRODUCT INFORMATION, SPECIFICATIONS, AND MANUFACTURING VARIATIONS

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

Because mattresses, toppers, pillows, bedding, foundations, bed frames, adjustable bases, and related products may contain flexible, quilted, compressed, foam, latex, textile, wool, cotton, 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, aroma associated with natural materials, and individual component measurements that fall within applicable manufacturing tolerances and do not materially alter the advertised construction, material composition, safety characteristics, or intended function of the product will not constitute a product defect or material nonconformity.

Eco Terra products may be manufactured, assembled, or supplied by Eco Terra, an affiliated company, or third-party manufacturers or suppliers working to Eco Terra's specifications and quality standards.

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

Natural and other materials can be affected by agricultural conditions, transportation constraints, certification availability, supplier interruptions, and other supply-chain events. To maintain product availability, Eco Terra may change the supplier, source, mill, processor, or other non-material aspect of a product component. To the fullest extent permitted by applicable law, Eco Terra may make such changes without prior notice when the resulting product remains materially consistent with the specifications, characteristics, quality, safety, performance, and other representations applicable to the product at the time of sale.

Eco Terra may also substitute a component with a materially equivalent or superior component where the substitution does not materially change the nature, construction, represented attributes, or intended performance of the product or render any material representation made to the purchaser inaccurate.

This provision does not authorize a material departure from an express product representation or specification. Any unintended manufacturing error or material nonconformity will instead be addressed under the applicable warranty, inspection, correction, and dispute-resolution provisions of these Terms and applicable law.

For purposes of evaluating whether a product materially conforms to an advertised specification, the relevant specifications, representations, and approved manufacturing requirements are those applicable to the product model and production version identified by reasonably available manufacturing, order, lot, date-code, sourcing, or quality-control records as applicable to the purchaser's unit. Eco Terra may maintain and rely upon such records to identify the applicable production version. Nothing in this paragraph authorizes a material substitution, undisclosed material change, or inaccurate advertising representation.

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 promptly refund amounts paid.

6. REFERENCE PRICES

Eco Terra may display a crossed-out, comparison, suggested retail, comparable-value, former, regular, or other reference price ("Reference Price") as a pricing benchmark.

The type and meaning of a Reference Price are determined by the benchmark identified in or immediately associated with the applicable offer, product page, or readily accessible Pricing Details 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 and is subject to any qualification presented with that comparison.

A Reference Price is not intended to communicate a different benchmark from the one identified with the applicable offer. Any stated dollar or percentage savings is measured against the identified Reference Price unless the applicable offer expressly states another basis.

Where Eco Terra uses the term "Comparable Value," "Total Value," or another expressly comparative benchmark based on other products or offerings, that benchmark means a good-faith comparative value derived using the methodology identified in, or made readily accessible from, the applicable offer or Pricing Details disclosure. The methodology may consider reasonably comparable products, relevant construction and product attributes, current or recent market prices, actual offered or selling prices, and other reasonably relevant market data.

If the applicable Pricing Details state that a comparative benchmark is based on a specified number of comparably built products, an average, median, or another identified methodology, that stated methodology controls. A savings amount or percentage calculated from a Comparable Value or Total Value is a comparison to that disclosed benchmark and is not a representation that Eco Terra previously or regularly sold the Eco Terra product at that benchmark unless the applicable offer expressly states otherwise.

Comparable products, market prices, attributes, data sources, and methodologies may change as products and market conditions change. Eco Terra may periodically update a comparative benchmark or the products used to calculate it, provided the benchmark and any resulting savings claim are made in good faith, are reasonably substantiated when displayed, and otherwise comply with applicable law. Nothing in this paragraph authorizes an unrepresentative, fictitious, or misleading comparison.

Products may be offered at the same or lower selling price during subsequent promotional events, subject to applicable law.

Nothing in this Section alters the meaning reasonably conveyed by a particular advertisement, authorizes an inaccurate or fictitious benchmark, or permits a price comparison or savings representation that applicable law prohibits. Where applicable law requires a particular basis, price history, disclosure, or substantiation for a price comparison, the applicable legal requirement controls.

7. PROMOTIONS AND PROMOTIONAL PRICING

From time to time, Eco Terra may offer promotional pricing, discounts, promotional codes, gifts, bundles, free items, financing offers, contests, sweepstakes, or other promotional benefits ("Promotions").

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

Subject to applicable law and any promotion-specific terms, Eco Terra may modify, suspend, terminate, replace, or, where truthfully disclosed, extend a Promotion.

A Promotion may end and another Promotion may begin immediately afterward. A subsequent Promotion may offer the same, greater, or lesser savings or benefits, and the existence of a subsequent Promotion does not by itself mean that the preceding Promotion did not end according to its terms.

A stated expiration date or time refers to the specific Promotion identified in the applicable communication. Any extension or modification will be communicated in a manner consistent with applicable law and will not retroactively change the meaning of a representation previously made to a consumer.

The conclusion of one Promotion is not a representation that Eco Terra will refrain from offering a later promotion, including one involving the same product or a similar price or benefit.

Nothing in these Terms authorizes a representation that an offer is a consumer's "last chance," "final opportunity," lowest available price, uniquely expiring savings opportunity, or otherwise unavailable after a stated deadline unless the representation is truthful and substantiated when made.

Unless the applicable offer expressly states otherwise, Promotional Codes are non-transferable, limited to the use or uses stated in the offer, not redeemable for cash or cash equivalents, not valid toward taxes, and may be subject to minimum-purchase requirements, product exclusions, financing restrictions, or limits on combination with other offers. Only Promotional Codes issued by Eco Terra or an authorized Eco Terra partner and used in accordance with their stated terms will be honored.

Eco Terra is not responsible for lost, stolen, corrupted, or unauthorized Promotional Codes. To the fullest extent permitted by law, a Promotional Code may be rejected if copied, sold, exchanged, transferred contrary to its terms, expired, invalid, improperly obtained, or prohibited by law. Unless the applicable offer states otherwise or applicable law requires otherwise, the value of a Promotional Code is not refundable or recredited when a product is returned.

Eco Terra may discontinue acceptance of a Promotional Code or end a code-based promotion only in a manner consistent with the promotion provisions of this Section and applicable law.

Nothing in this Section permits a false or misleading representation concerning a Promotion, including a false or misleading statement of urgency, finality, duration, scarcity, price, or savings, and nothing limits any non-waivable consumer right.

8. ORDER ACCEPTANCE

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

We may, subject to applicable law, request additional verification, limit quantities, refuse orders reasonably suspected of fraud, resale, diversion, or abuse, correct bona fide pricing or product-information errors, or cancel an order 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 you provide is accurate, and you authorize applicable charges for your order, including disclosed taxes, shipping, delivery, and services.

Purchases made through third-party financing or payment providers may also be subject to that provider's terms.

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

10. SHIPPING, DELIVERY, CANCELLATION, AND WHITE GLOVE SERVICES

Shipping, delivery, cancellation after shipment, and White Glove Services are governed by the policies and terms presented on the Site and applicable to the transaction.

Free shipping or delivery applies only where expressly offered and subject to applicable geographic, product, and service limitations.

White Glove or in-home delivery services may involve independent service providers. Unless the applicable delivery instructions expressly provide otherwise, an adult age 18 or older must be available at the delivery address at the scheduled time, customers must provide safe and reasonable access to the delivery location, and any mattress or other product accepted for removal must be in sanitary and reasonably safe-to-handle condition.

Except where nonperformance is caused by Eco Terra or the applicable delivery provider, or where applicable law requires otherwise, White Glove Service fees become non-refundable once the applicable product has been tendered or shipped to the White Glove provider or the provider has begun service-specific work.

If, after shipment, dispatch, or tender to a carrier or delivery provider, a customer cancels or refuses delivery, is unavailable, fails to provide required access, or delays or reschedules delivery beyond the provider's permitted scheduling window, the customer may be responsible for disclosed and legally permitted actual shipping, storage, redelivery, handling, return-transportation, or similar charges. This paragraph does not impose charges for nonperformance caused by Eco Terra or the carrier or delivery provider, or where applicable law prohibits such charges.

Additional scheduling, access, cancellation, refusal, return-to-sender, or delivery requirements disclosed in the applicable Shipping or Delivery Policy are incorporated into these Terms for the transaction.

11. SLEEP TRIALS, RETURNS, EXCHANGES, AND MARKETPLACE PURCHASES

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

The current applicable terms are contained in our Sleep Trial and Return Policy and any product-specific or transaction-specific terms presented at or before purchase.

For a mattress purchase through EcoTerraBeds.com for which the Site states that a 90-night sleep trial applies, that trial is governed by the 90-night terms applicable to that transaction. If a different trial period is expressly disclosed at or before purchase, the disclosed period controls.

Nothing in these Terms grants a 90-night trial to a topper, pillow, foundation, bed frame, adjustable base, bedding product, clearance product, or other product for which a different trial or return rule is disclosed.

Applicable return or exchange terms may include a minimum adjustment period, condition requirements, sanitation requirements, limitations on the number of exchanges, household, customer, or delivery-address limitations, return-shipping requirements, concierge-removal or pickup options, convenience fees, non-refundable shipping or delivery upgrades, or other disclosed conditions, subject to applicable law.

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

Purchases made through Amazon or another third-party marketplace, retailer, or authorized seller may be subject to that seller's or marketplace's own trial, return, exchange, cancellation, and refund policies and may have different time periods or requirements from purchases made directly through EcoTerraBeds.com. Unless expressly stated otherwise for the applicable purchase, a trial or return benefit offered specifically for direct purchases through EcoTerraBeds.com does not apply to a third-party marketplace or retailer purchase.

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

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

To the fullest extent permitted by applicable law, a purchaser asserting such a claim must provide information reasonably sufficient for us to evaluate it, which may include the purchaser name, order number, product, description of the claimed defect or nonconformity, requested relief, photographs or video where reasonably available, and other relevant information reasonably necessary to evaluate the issue.

To the extent reasonably practicable, you agree to preserve the product in its then-current condition and provide Eco Terra a reasonable opportunity to inspect, measure, photograph, test, or otherwise evaluate the product before it is materially altered, destroyed, discarded, or made unavailable for inspection.

To the fullest extent permitted by law, before initiating a formal proceeding concerning an alleged product defect, construction problem, manufacturing issue, or material nonconformity, you agree to provide Eco Terra a reasonable opportunity to address the issue. Depending on the circumstances and applicable warranty, Eco Terra may elect to inspect, repair, rework, replace a component, replace the product, refund an appropriate amount, or provide another legally appropriate remedy.

Where permitted by law, completion of this reasonable notice, inspection, and cure process is a condition precedent to formal dispute resolution concerning the claimed product issue. A product-claim notice that also contains the information required by Section 30 will satisfy the Notice of Dispute requirement for the same claim; the claimant is not required to submit duplicative notices.

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

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 is reversed and an amount remains lawfully due, Eco Terra may pursue lawful collection remedies. To the extent permitted by applicable law, Eco Terra may also recover reasonable collection-agency fees, court costs, and attorneys' fees actually incurred in collecting amounts that are 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, CERTIFICATIONS, AND HEALTH INFORMATION

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

Product pages and advertising may contain claims concerning material composition, latex, cotton, wool or foam content, certifications, organic or natural attributes, environmental or sustainability attributes, country of origin, domestic manufacturing or assembly, emissions or VOC characteristics, chemical-related or "non-toxic" characteristics, fiberglass or fire-barrier construction, cooling, comfort, pressure relief, durability, support, or other product attributes. Such claims are governed by the specific wording and qualifications accompanying the claim and must be interpreted in accordance with applicable law.

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

Information provided on the Site concerning sleep, comfort, pressure relief, ergonomics, back, neck, hip, or other discomfort, wellness, or similar subjects is for general informational purposes and is not medical advice, diagnosis, or treatment. Nothing on the Site creates a physician-patient or other professional healthcare relationship.

15. ELECTRONIC COMMUNICATIONS

When you interact with us 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, SMS, or telephone marketing where separate consent is required by law.

16. EMAIL MARKETING

Where you affirmatively sign up for promotional email communications, you consent to receiving them subject to applicable law.

Where the signup interface states that by signing up you agree to these Terms, completing the signup constitutes your acceptance of these Terms as described in Section 1.

You may unsubscribe from promotional email at any time using the unsubscribe mechanism provided. Transactional, service-related, security, or legally required communications may continue where permitted.

Nothing in these Terms authorizes a commercial email, subject line, or promotional representation that is false, misleading, or otherwise prohibited by federal or state law.

17. SMS, TELEPHONE, AND MOBILE MESSAGING

Participation in Eco Terra SMS or mobile messaging programs is subject to applicable Messaging Terms and Privacy Notices 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 provided in the applicable Messaging Terms. State-specific restrictions may apply.

Nothing in these Terms limits any non-waivable consent, revocation, Do Not Call, or other right under applicable federal or state telephone, text-message, or mobile-marketing law.

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

Eco Terra may work with creators, influencers, affiliates, endorsers, ambassadors, referral partners, reviewers, publishers, spokespersons, and other promotional partners. These persons may receive compensation, commissions, free or discounted products, gifts, incentives, or other consideration from Eco Terra or parties acting on its behalf.

Eco Terra requires persons acting on its behalf to comply with applicable advertising and endorsement requirements, including requirements concerning clear and conspicuous disclosure of material relationships where required by law.

Third-party creators, affiliates, and endorsers are not authorized to make false or misleading representations, make claims inconsistent with Eco Terra-approved or substantiated information, make unauthorized medical or therapeutic claims, or conceal a material relationship where disclosure is legally required.

Reviews, testimonials, and creator statements reflect individual experiences unless expressly stated otherwise and are not guarantees that another customer will achieve the same experience or result.

19. CUSTOMER REVIEWS AND USER CONTENT

Certain areas of the Site or Eco Terra programs may permit you to submit a review, rating, photograph, video, testimonial, public comment, 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 solely 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 applicable law or a specific privacy notice provides otherwise, User Content intentionally submitted for public display is submitted voluntarily and is treated as non-confidential and non-proprietary.

By submitting User Content, you represent and warrant, to the extent applicable, that:

• the User Content 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;
• you have obtained any permissions reasonably necessary for names, images, voices, likenesses, or other third-party material appearing in it;
• the User Content does not infringe or violate intellectual-property, privacy, publicity, contractual, or other rights of any person;
• any license, clearance, or other fees legally required for the authorized use of the User Content have been or will be paid;
• the User Content is not knowingly false or misleading and does not contain unlawful threats, defamation, malicious code, unauthorized advertising, or confidential third-party information; and
• any material connection, compensation, incentive, free product, or other consideration associated with the User Content is clearly disclosed where required by law.

Eco Terra will not suppress a review merely because it expresses a negative opinion.

We may moderate, decline, restrict, or remove User Content for reasons including fraud, spam, irrelevance, unlawful content, confidential or personal information, threats, obscenity, intellectual-property violations, failure to disclose a legally required material connection, suspected bot or competitor activity, lack of a genuine product or service relationship where such relationship is represented, or other violations of our published review or content standards. Any moderation standards will be applied without regard to whether the review is favorable or unfavorable, except where applicable law permits otherwise.

By submitting User Content, you grant Sleep, Inc. d/b/a Eco Terra and its affiliates a worldwide, perpetual and, to the extent permitted by applicable 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 or exploit 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.

Eco Terra 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 applicable law, you waive and agree not to assert any moral rights or similar rights in User Content against the uses authorized by these Terms. Eco Terra 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 will survive 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 always to non-waivable privacy, deletion, and consumer rights.

20. PRIVACY, COOKIES, TRACKING TECHNOLOGIES, AI, 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, device-identification technologies, chat technologies, session-replay technologies, AI-enabled customer-service or recommendation technologies, and similar technologies operated by Eco Terra 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, artificial intelligence, automated processing, or similar terminology are intended to describe potential subject matter and scope 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

Eco Terra is committed to providing individuals with disabilities meaningful access to its goods and services.

If you experience difficulty accessing the Site, mobile content, electronic documents, checkout, forms, customer-service channels, communications, or other Eco Terra services because of a disability, please contact info@ecoterrabeds.com or 1-888-997-4009. 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 method of submitting a Notice of Dispute impracticable, contact us through the foregoing channels to request a reasonably accessible alternative method of submission. This accommodation does not waive the individualized-information requirements of Section 30 unless required by law.

Nothing in this Section limits any right or obligation under applicable disability-access law.

22. THIRD-PARTY SERVICES

The Site may contain links, integrations, marketplace functionality, financing or payment services, social-media features, embedded content, or other services operated by third parties. Their services may be subject to separate terms and privacy policies.

Except where Eco Terra is legally responsible for the conduct at issue, we do not control independent third-party websites or services and do not guarantee their availability, accuracy, security, or performance. A link, integration, or reference to a third-party service does not by itself constitute an endorsement. Your use of an independent third-party service is subject to that provider's own terms and privacy practices and is at your own risk, except to the extent Eco Terra is legally responsible for the conduct at issue.

23. PROHIBITED USES

You may not use the Site to violate law; infringe another person's rights; commit fraud; impersonate another person or misrepresent an affiliation; stalk, harass, or harm another person; interfere with or disrupt the Site, servers, or networks; introduce malicious code; obtain unauthorized access; defeat or circumvent access, security, or technical restrictions; use bots or automated systems to make unauthorized purchases or submissions; scrape, crawl, mine, harvest, or systematically extract data or content without authorization; or otherwise misuse the Site.

Except as expressly authorized by these Terms, by Eco Terra in writing, or by applicable law, you may not copy, modify, reproduce, republish, upload, transmit, distribute, publicly display, publicly perform, frame, mirror, create derivative works from, reverse engineer, decompile, disassemble, remove proprietary notices from, systematically download, commercially exploit, or otherwise use any portion of the Site, software, or content outside the limited rights granted by these Terms.

Nothing in this Section prohibits ordinary use of assistive technologies, accessibility tools, browser functions used for personal access, or conduct that applicable law expressly permits notwithstanding a contractual restriction.

24. INTELLECTUAL PROPERTY

The Site, product names, trademarks, service marks, logos, slogans, trade dress, content, photographs, designs, graphics, text, software, and other materials are owned by or licensed to Eco Terra and are protected by applicable intellectual-property laws.

Eco Terra, the Eco Terra name and logo, and related product and service names, logos, slogans, and trade dress are trademarks or service marks of Sleep, Inc. or its licensors. Nothing in these Terms grants any license or right to use any such mark without prior written permission from the applicable owner.

All third-party names, trademarks, service marks, and logos appearing on the Site are the property of their respective owners and are used only as permitted by applicable law or license.

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.

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 Eco Terra, its products, services, or Site ("Feedback"), the Feedback will be treated as non-confidential and non-proprietary unless Eco Terra expressly agrees 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 hereby assign to Sleep, Inc. all right, title, and interest you may have in the Feedback. To the extent any such rights cannot validly be assigned, you grant Sleep, Inc. d/b/a Eco Terra and its affiliates a perpetual, irrevocable to the extent permitted by law, worldwide, transferable, sublicensable, fully paid, and 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. Eco Terra has no obligation to use the Feedback or to provide attribution or compensation for it.

26. WEBSITE WARRANTY DISCLAIMER

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, DIGITAL SERVICES, AND GENERAL CONTENT ARE PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE," AND YOUR USE OF THEM IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ECO TERRA DISCLAIMS ALL 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.

WITHOUT LIMITING THE FOREGOING, ECO TERRA DOES NOT WARRANT THAT THE SITE OR DIGITAL SERVICES WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; BE FREE OF HARMFUL CODE; THAT DEFECTS WILL BE CORRECTED; OR THAT INFORMATION OR RESULTS OBTAINED THROUGH THE SITE WILL BE ACCURATE, COMPLETE, OR RELIABLE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE SITE OR FROM ECO TERRA OR ANY OF ITS AFFILIATES, AGENTS, OR SERVICE PROVIDERS CREATES A WARRANTY REGARDING THE SITE OR DIGITAL SERVICES EXCEPT WHERE AN AUTHORIZED EXPRESS WARRANTY IS PROVIDED IN WRITING OR APPLICABLE LAW PROVIDES OTHERWISE.

THIS SECTION APPLIES TO THE SITE, DIGITAL SERVICES, AND GENERAL CONTENT. IT DOES NOT ELIMINATE, REPLACE, OR LIMIT ANY EXPRESS PRODUCT WARRANTY, IMPLIED PRODUCT WARRANTY THAT CANNOT LAWFULLY BE DISCLAIMED OR LIMITED, OR OTHER NON-WAIVABLE WARRANTY OR CONSUMER RIGHT APPLICABLE TO A PRODUCT OR SERVICE PURCHASED FROM ECO TERRA.

27. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ECO TERRA 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, Eco Terra's aggregate monetary liability under these Terms will not exceed the amount actually paid to Eco Terra 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 applicable law, the foregoing limitation is intended to apply to all forms of monetary damages arising from a purchased product or service, regardless of how characterized, including direct, compensatory, general, special, incidental, consequential, emotional-distress, pain-and-suffering, personal-injury, bodily-injury, and property-damage claims. This limitation does not apply to the extent applicable law prohibits or renders unenforceable a limitation of liability for personal injury, bodily injury, property damage, fraud, willful misconduct, gross negligence, strict product liability, statutory remedies, or any other liability or remedy that cannot lawfully be limited or waived.

To the fullest extent permitted by applicable law, the purchased-product limitation in the preceding paragraph applies regardless of the legal theory asserted to claims seeking monetary recovery because a product allegedly failed to conform to an advertisement, description, specification, material or component representation, certification, organic or natural attribute, environmental attribute, country-of-origin or manufacturing representation, construction or thickness representation, fiberglass or fire-barrier representation, emissions or chemical-related representation, performance attribute, warranty representation, or other product claim, including economic-loss, overpayment, benefit-of-the-bargain, restitutionary, or similar monetary theories. This paragraph does not limit any remedy or liability that applicable law makes non-waivable or that an applicable written Product Warranty expressly provides and that cannot lawfully be limited by these Terms.

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

Nothing in these Terms limits any damages, statutory remedy, injunctive relief, or other 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 Eco Terra 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.

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

DISPUTE RESOLUTION

29. BROAD DEFINITION OF "DISPUTE" AND COVERED PARTIES

For purposes of Sections 29 through 37, "Dispute" is intended to have 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; product design, construction, manufacturing, materials, components, composition, or specifications; warranties; country-of-origin, domestic-manufacturing, or assembly representations; organic, natural, environmental, sustainability, certification, chemical/VOC, emissions, "non-toxic," fiberglass, fire-barrier, safety, or other objective product claims; advertising; pricing; Reference Prices; Promotions; promotional emails; commercial-email laws; SMS, telephone calls, prerecorded or artificial-voice messages, automated or mass messaging, Do Not Call obligations, consent, or revocation; affiliate marketing; creator or influencer content; endorsements or testimonials; privacy; confidentiality; communications; cookies; pixels; tracking; analytics; advertising technologies; identity resolution; session replay; chat or messaging technologies; AI-enabled or automated technologies; device or browser identifiers; IP addresses; geolocation; collection, recording, receipt, processing, use, disclosure, or transmission of information; the Privacy Policy; accessibility of websites, mobile content, digital content, electronic documents, forms, checkout, customer-service channels, communications, products, services, or any physical location operated by a Covered Party; shipping, delivery, cancellations, returns, trials, exchanges, refunds, or marketplace-related transactions; 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.

Without limiting the foregoing, a Dispute includes claims arising under or relating to federal, state, or local laws regulating commercial email, commercial text messages, telephone calls or solicitation, automated or mass messaging, prerecorded or artificial voices, sender or transmission information, email subject lines, marketing consent, revocation of consent, Do Not Call practices, or other electronic-marketing practices, whether the communication allegedly occurred before or after a transaction or acceptance of these Terms, to the fullest extent such scope is enforceable.

Without limiting the foregoing, a Dispute includes claims concerning whether an advertised certification, environmental attribute, health or wellness attribute, material composition, fiberglass or fire-barrier composition, emissions or chemical-related attribute, country-of-origin representation, domestic-manufacturing representation, or similar product representation applied to the relevant product, component, production version, or manufacturing lot.

A Dispute includes, to the fullest extent permitted by applicable law, claims arising from or relating to advertising, marketing, promotions, endorsements, testimonials, reviews, influencer or creator content, affiliate or referral marketing, or other communications that you encountered or allegedly relied upon before, during, or after entering into a transaction with Eco Terra or accepting these Terms, including claims concerning the existence, adequacy, placement, or omission of disclosures regarding compensation, commissions, free products, incentives, sponsorships, affiliations, or other material connections.

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

For purposes of these Dispute Resolution provisions, "Covered Parties" include Sleep, Inc. d/b/a Eco Terra and, where legally permitted, its predecessors, successors, assigns, parents, subsidiaries, affiliated companies and brands, officers, directors, employees, agents, contractors, manufacturers, suppliers, marketing providers, advertising and public-relations agencies, creators, influencers, endorsers, ambassadors, affiliate publishers, referral partners, media partners, affiliate networks, technology providers, analytics providers, advertising-technology providers, consent-management providers, identity-resolution providers, AI providers, chat providers, session-replay providers, data providers, payment providers, financing providers, fulfillment and delivery providers, marketplace partners, service providers, and other persons or entities whose conduct is asserted together with or arises from their relationship with Eco Terra.

Each Covered Party is an intended third-party beneficiary of Sections 29 through 37 with respect to a Dispute arising from or relating to that Covered Party's relationship with, services for, or activities undertaken in connection with Eco Terra, and may seek to enforce those provisions directly to the fullest extent permitted by applicable law, whether or not Eco Terra is separately named as a party.

30. 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's Notice must be personally signed by handwritten signature or valid electronic signature and submitted either: (a) by mail to Sleep, Inc. d/b/a Eco Terra, Attn: Legal Department - Notice of Dispute, 3233 Mission Oaks Blvd., Building C, Camarillo, CA 93012; or (b) through any secure Legal Notice submission process expressly designated by Eco Terra for Notices of Dispute, if such a process is made available.

Regardless of delivery method, every Notice must be individualized. A law firm, claims aggregator, automated system, or other representative may assist a claimant, but may not substitute one claimant's signature, factual allegations, or requested relief for another claimant's individualized submission.

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

The Notice must provide:

1. the claimant's full name;
2. residential address;
3. telephone number;
4. email address associated with the relevant account, transaction, or communication, if any;
5. applicable order number, 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 the claimant is represented, the Notice should also identify the claimant's counsel or representative and provide current contact information for that representative. If the claimant is represented by counsel, the Notice must still be personally signed by the claimant.

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 an Eco Terra representative must personally participate, and 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 Eco Terra receives 20 or more substantially similar Notices of Dispute within a rolling 180-day period that are brought by or with the assistance of the same or coordinated law firms, organizations, or counsel, Eco Terra 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 of a court or arbitration administrator.

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 claims properly brought in small claims court, claims that cannot lawfully be subjected to pre-dispute arbitration, and other expressly stated exceptions, all Disputes shall be resolved by final and binding individual arbitration under the Federal Arbitration Act ("FAA").

The arbitration will be administered by the American Arbitration Association ("AAA") under its applicable Consumer Arbitration Rules and, where applicable, its 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, including NAM where appropriate. If they cannot agree, either party may ask a court of competent jurisdiction to appoint an administrator or arbitrator under applicable law. Eco Terra may not unilaterally substitute an administrator after a Dispute arises.

The arbitration will be conducted before one neutral arbitrator unless applicable AAA rules provide otherwise. Either party may elect small claims court for a qualifying individual claim before an arbitrator is appointed.

Unless applicable law or the administrator's rules require otherwise, hearings may be conducted by video, telephone, or document submission where appropriate.

The arbitrator may award any individual relief available under applicable substantive law, subject to the individual-only requirements of these Terms and any 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 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 shall have exclusive authority to determine disputes concerning the interpretation, applicability, scope, enforceability, or arbitrability of this Arbitration Agreement, including whether a particular Dispute is subject to arbitration.

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.

32. ARBITRATION FEES AND COSTS

The party initiating arbitration will be responsible for the maximum filing or administrative fee that applicable law and the arbitration administrator's applicable consumer rules permit to be charged to that initiating 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 will otherwise bear its own attorneys' fees, experts' fees, and other litigation or arbitration costs unless applicable law or another enforceable provision of these Terms permits or requires fee shifting or recovery of those amounts.

Eco Terra will be responsible only for arbitration administrative or arbitrator fees that the governing arbitration rules or applicable law require Eco Terra 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 determined to have been frivolous, asserted in bad faith, brought for harassment, or otherwise subject to sanctions or statutory fee shifting.

Nothing requires Eco Terra 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 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 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 ECO TERRA 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.

Nothing in this Section 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. 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 ECO TERRA KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO HAVE A DISPUTE DECIDED BY A JURY, WHETHER THE DISPUTE IS SUBJECT TO ARBITRATION OR IS 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 Eco Terra, Attn: Legal Department - Arbitration Opt-Out, 3233 Mission Oaks Blvd., Building C, Camarillo, CA 93012.

Opting out of this version's arbitration requirement will not affect your purchase or relationship with Eco Terra.

Unless prohibited by applicable 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 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.

37. CHANGES TO DISPUTE RESOLUTION PROVISIONS

Notwithstanding any general right to revise these Terms, Eco Terra will not apply a material modification of Sections 29 through 37 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 Eco Terra, 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.

The dispute-resolution terms governing a transaction or affirmative acceptance will remain available in archived versions of our Terms.

38. 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.

39. FORCE MAJEURE

Eco Terra 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, carrier failure, utility or communications failure, or similar events, subject to applicable law.

40. ASSIGNMENT

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

Eco Terra 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 any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.

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

Nothing in these Terms eliminates a non-waivable statutory consumer right.

42. NO WAIVER

A party's failure to enforce a provision on one occasion is not a waiver of that provision or any other provision on another occasion.

43. SURVIVAL

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

44. ENTIRE AGREEMENT

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

Nothing in this Section is intended to extinguish a prior arbitration agreement, class waiver, warranty, or other right that Section 3 preserves, or to alter the contract-hierarchy rules in Section 2 governing the relationship between these Terms and transaction-, promotion-, product-, warranty-, service-, marketplace-, or program-specific terms.

45. CALIFORNIA CONSUMER NOTICE

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

Complaints regarding the Site may be directed to: Sleep, Inc. d/b/a Eco Terra, 3233 Mission Oaks Blvd., Building C, Camarillo, CA 93012; info@ecoterrabeds.com; 1-888-997-4009.

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 about these Terms may be directed to:

Sleep, Inc. d/b/a Eco Terra
Attn: Legal Department
3233 Mission Oaks Blvd., Building C
Camarillo, CA 93012
Email: info@ecoterrabeds.com
Telephone: 1-888-997-4009