SLEEP NUMBER RETURN POLICY & TERMS AND CONDITIONS

Information on Returns, Exchanges, Warranties and various Policies.

TERMS AND CONDITIONS OF SALE

Shipping and Delivery: Shipping and delivery fees are non-refundable and do not include any return shipping/pick-up service. You are responsible for any return shipping fees. For the return of items that required Doorstep, Premium, or Ultimate delivery, you are responsible for the $250 return pick-up fee.

In-Home Trial Policy: Only the following products are covered by a 100-night In-Home Trial Period that begins the day your product is delivered:

Sleep Number® smart beds (i.e., c1, c2, c4, p5, p6, m7, i8, i10, Limited Edition, Special Edition mattresses);
Integrated bases (i.e., non-adjustable) and Bunkie Boards;
Climate360® beds (includes mattress and smart adjustable base, collectively, “Climate360^® smart bed”);
ClimateCool^™ smart bed mattresses with integrated bases;
ClimateCool^™ smart bed mattresses only when paired with FlexFit™ 2 smart adjustable bases (Note: FlexFit^™ 2 smart adjustable bases are excluded from the In-Home Trial Policy);
Sleep Number^® remote control purchased with a Sleep Number^® smart bed, Climate360® smart bed or ClimateCool^™ smart bed; or
Bedding Collection items (including bedding, pillows, DualTemp^® layers, and other sleep solutions, collectively, “Bedding Collection items”)

If, after a full 30-night period, you are not completely satisfied sleeping on your new Sleep Number^® smart bed, integrated base, Bunkie Board, Climate360^® smart bed, or ClimateCool^™ smart bed mattress for a full 30-night period, you may contact us starting on day 31 but before the end of the 100-night In-Home Trial Period to arrange for the return or one-time exchange of your purchase. You are responsible for the $250 return or exchange fee. Bedding Collection items and Sleep Number^® remote controls can be returned or exchanged one time at any time during the 100-night In-Home Trial Period.

Products received pursuant to an exchange at any time under the In-Home Trial Policy do not qualify for a new In-Home Trial Period and are final sale and cannot be returned or exchanged.

Exclusions to In-Home Trial Policy: Except for purchases made in or delivered to New Jersey, New York, or Maryland where delivery is delayed beyond the specific date previously identified, the following products are excluded from the In-Home Trial Policy:

FlexFit^TM smart adjustable bases, including any FlexFit™ 2 smart adjustable base sold with the ClimateCool™ smart mattress, upholstered furniture, upholstered furniture accessories, and clearance/closeout or display products are final sale and cannot be returned or exchanged. Orders of upholstered furniture and upholstered furniture accessories also cannot be canceled or changed after purchase.

Returns/Exchanges:

Only Bedding Collection items can be returned to our retail stores.
For all other returns or to return Bedding Collection items by mail, contact our Customer Service Center at (800) 472-7185 to obtain a Return Service Order (RSO) number and instructions on how to make a return.

No unauthorized returns are allowed. Refunds are issued to the original method of payment within approximately 21 days, unless otherwise required by law, or, in the event the original method of payment is unavailable, refund may be by check. Unauthorized returns will be destroyed with no refund or credit given.

Restocking fees may be required.

Limited Warranty: Nothing in these Terms and Conditions of Sale is intended to alter or modify the terms of any warranty that may accompany your purchase. Refer to the applicable full or limited warranty available at www.sleepnumber.com/warranty for complete details.

Protection Plan by Extend: If you purchased a Protection Plan by Extend, refer to www.extend.com/sleepnumber for complete details. Nothing in these Terms and Conditions of Sale is intended to alter or modify those terms.

SleepIQ^®Technology: Use of the Sleep Number® smart bed system is governed by the terms of the Sleep Number Smart Sleeper User Agreement, which will be presented electronically when the SleepIQ® service is activated, and which is available at www.sleepnumber.com/pages/smartsleeper-user-agreement.

Mattress/Bed and Base Recycling Fees or Stewardship Assessments: Certain states require retailers to collect and remit to the state a fee or stewardship assessment per component for each mattress/bed and each base sold in or delivered to those states. Such fees or stewardship assessments charged- include, but may not be limited to: CT - $16 per component; CA - $16 per component; RI - $16 per component; and OR - stewardship assessment of $22.50 per component.

Mattress Disposal Service Fees: Each disposal service fee charged includes removal of up to: (i) one mattress and (ii) one box spring, Sleep Number® adjustable base, Sleep Number^® integrated base or Bunkie Board. The disposal service fee does not include non-Sleep Number branded adjustable or non-adjustable bases, headboards, sideboards, metal bed frames, other types of bedroom furniture, waterbeds or other bedding components or accessories. Sleep Number reserves the right to refuse removal or disposal of any items deemed unsanitary or hazardous. For each mattress purchase made in or delivered to California, you may arrange for complimentary disposal of one mattress at the delivery address.

For Upholstered Furniture Only: NOTICE that some furniture products can expose you to chemicals which are known by the State of California to cause cancer or birth defects or other reproductive harm. Please check on-product label for warning information.

Credit Card Payment: Your credit card is charged at the time of purchase.

Important Information for Promotional/Financed Purchases: Payment terms on purchases financed through Synchrony Financial or Vive Financial are governed by your agreement with them as the card issuer. Available promotional financing plans change over time. If you are financing your purchase, details of the plan you selected are listed in the documents provided at the point of sale and are also available from the card issuer.

Sleep Number^® Rewards ProgramTerms of Use

Sleep Number Corporation, owner of the Sleep Number® retail stores through its affiliate, Select Comfort Retail Corporation, (“Company”) is offering you (“you” or “Smart Sleeper”) the opportunity to earn program reward points (“Points”) through the Sleep Number^® Rewards Program (“Program”) offered on the Program’s website located at www.sleepnumber.com/rewards (“Site”).

Binding Terms of Use.

Company’s current terms for the administration and operation of this Program are set forth in these Terms of Use (“Terms”). The Program is provided only to the Site users who become Smart Sleeper as that term is defined below. These Terms do not amend, cancel, modify, supersede, terminate, or otherwise alter any other agreements that you have with Company.
By using the Site or participating in the Program, you are bound by these Terms and indicate your agreement to them. All of Company’s decisions are final and binding. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THIS AGREEMENT, THEN DO NOT ACCESS, REGISTER FOR, OR USE THE PROGRAM. COMPLETING THE REGISTRATION PROCESS OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE PROGRAM WILL CONSTITUTE ACCEPTANCE AND WILL CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THESE TERMS, WITHOUT MODIFICATION.

Privacy. Company’s collection and use of your personal information is governed and limited by Company’s Privacy Policy, found at www.sleepnumber.com/privacy-policy (“our Privacy Policy"), and your privacy rights which are detailed in the Privacy Policy. As detailed in the Privacy Policy, the Company shares personal information it collects through the Program with trusted vendors that assist the Company in facilitating the Program. The Company does not share the personal information it collects through the Program with data brokers. Additionally, the Company does not sell any of the personal information it collects through the Program or use it for targeted advertising.
Copyright. You hereby grant the Company and its successors, assigns, affiliates, agents, and licensees a perpetual, irrevocable, transferable, sublicense-able, worldwide, fully paid-up, royalty-free right and non-exclusive license to use, incorporate, reproduce, distribute, publicly display, modify, and promote and create derivative works of your content.
Eligibility.

Your purchase of a Sleep Number^® mattress or mattress set from a Sleep Number^® store, its website, live chat, or phone qualifies you for the Program. Sleep Number^® Rewards members are known as “Smart Sleepers.”
To access and use the Program, Smart Sleepers must register and create an account on the Site in accordance with Section 5.
You must be at or over the age of majority in your jurisdiction of residence to register for, access, and use the Program. Access and use of the Program is intended for residents of the United States and is not intended to be used by anyone residing outside of the United States.
If you do not meet the eligibility criteria in Sections 4.1, 4.2, and 4.3, then you are prohibited from accessing, using, and registering for the Program.
Company may change its eligibility criteria for the Program participation at any time and at its sole discretion without notice.
You may be eligible to receive Sleep Number^®Rewards benefits offered by Company notwithstanding your registration of and participation in the Program.
Sleep Number team members (for clarity, Sleep Number employees) may sign up for the Program by using the email address listed in their employee records. Team members may complete Activities and earn Points, but their Points cannot be redeemed for Rewards. Team members are not eligible to enter any of the Program sweepstakes.

Registration.

To enroll in the Program, you must:

Register for an account (“Program Account”) on the Site by providing Company with your name and email address. Limit one (1) Program Account per household. You shall not create additional Program Accounts by means of registering separate email addresses. Company may refuse to accept your registration at its sole discretion; and
Accept and agree to participate in the Program and use the Site in accordance with these Terms.

If Company accepts your registration, Company will provide you access credentials for the Site. You are solely responsible for maintaining the confidentiality of your access credentials and accuracy of your Program Account information. You are solely responsible for any and all activities under your Program Account.

Program Points and Rewards.

Company establishes, at its sole discretion, the activities through which you earn Points, the number of Points you earn through such activities, the respective Point tier levels, the number of Points required to attain each tier, and the reward available for redemption at each respective tier (“Rewards”).
You earn Points by completing activities set forth on the Site by Company, including but not limited to completing surveys, reading blog posts, submitting product reviews, making referrals, (through unique referral links or any other specifically-designated means established by the Company), store visits, and other activities (“Activity" or "Activities"). Company may change the type, Point value, and duration of Activities at its sole discretion and without notice to you. For a complete list of Activities and the corresponding number of Points you can earn for each Activity, please visit the Site.
Points will be credited to your Program Account after you complete an Activity. You may log into your Program Account at any time to review your Points balance.
There are six (6) tiers within the Program, which you attain by earning the Company-designated number of Points required for each respective tier. The six tiers in increasing rank order include: Blue Circle, Bronze Circle, Silver Circle, Gold Circle, Platinum Circle, and Diamond Circle, respectively. Once you reach a specific tier within the Program, you are eligible to redeem Rewards exclusive to Insiders who have attained that tier if you redeem your Points for a Reward, as further described in Section 6.6. Company may change the respective tiers and the Points required to attain each tier at its sole discretion and without notice to you.
Restrictions. You acknowledge and agree that:

Your Points do not have any cash value and may only be used to qualify for Rewards made available upon attaining a respective tier;
The provision of Company products as Rewards may be time-limited or available in limited qualities;
Your Points cannot be redeemed by or sold, assigned, bequeathed, or otherwise transferred to any other Smart Sleeper registered in the Program or to any other natural person, trust, for-profit or non-profit entity or organization, or other third party through any means, including, but not limited to, distributing, posting, sharing, uploading or otherwise transmitting Points in any way (or facilitating the distribution, posting, sharing, uploading, or transmission of Points) on any website, platform, or other digital, electronic, or social media service (e.g., illustrative purposes only, Reddit, Facebook Marketplace, X [formerly known as Twitter]), etc.);
All of your Points expire to the extent permitted by law upon the termination of your Program Account for any reason under these Terms;
Company’s ability to credit Points to your Program Account based on completing Activities at social media sites may be restricted by the terms, conditions, or functions of such sites;
You must earn Points by completing Activities in accordance with these Terms. Any Points you obtain or attempt to obtain by any means that simulates earning Points in accordance with these Terms and Company’s operation of the Program are invalid;
Company’s good faith determination of the number of Points in your Program Account is final and binding; and
You cannot distribute, post, share, upload, or otherwise transmit any unique referral link in any way to any third party or facilitate the distribution, posting, sharing, uploading, or transmission of any unique referral link in any way to any third party on or through any website, platform, or other digital, electronic, or social media service or site (e.g., for illustrative purposes only, Reddit, Facebook Marketplace, etc.). For clarity, you may publish a general promotional message on digital, electronic, or social media services or sites to refer third parties to Company as an Activity set forth in these Terms without violating the prohibitions set forth in this Section 6.5.8 (e.g., for illustrative purposes only, you could post on your personal Facebook page about Company’s Program and the opportunity to refer your friends to Company and encourage your friends to contact you for a unique referral link, which you could provide through the process established by Company. Including the unique referral link in your post would violate the prohibitions set forth in this Section 6.5.8, however, at which time Company could terminate your account in accordance with Section 7.2).

Rewards.

Company shall display its current list of Rewards offered for each tier on the Site. Rewards offered may include but are not limited to Reward Certificates, automatic entry into a sweepstakes, products, or other prizes that Company may select at its sole discretion. Rewards provided at each tier are solely determined by Company.
You shall review your Program Account’s Points balance when you attain a tier and redeem the Reward(s) set forth for such tier within 14 business days of attainment.
Company shall conduct any and all Program sweepstakes in accordance with applicable official sweepstakes rules. You are solely responsible for reviewing such rules for any and all sweepstakes into which you are entered.
Your Points shall continue to accrue even after you have redeemed any Rewards available in a respective tier.
Your redemption and receipt of any Reward is final and cannot be cancelled or refunded.
Additional terms and conditions may apply to Rewards and will be set forth on the Site. Any products provided by Company as Rewards will be provided “as is” with no warranty or guarantee, either express or implied by Company.
You acknowledge and agree that you shall not transfer, substitute, or redeem Points for cash. You are responsible for all federal, state, and local taxes as well as any other costs or expenses associated with a Reward not specified in these Terms or on the Site as being provided. Rewards provided in the form of Rewards Certificates or product or any product awarded in connection with a sweepstakes are considered taxable income and are subject to federal, state, and local taxes. Company will issue you an IRS 1099 tax form for tax purposes if the value of the Rewards you have received in a calendar year is $600 or more.
Company will send any tangible Rewards you redeem to you at the mailing or service address you provided in your Program Account. You acknowledge and agree that you may be charged shipping and handling fees set forth on the Site for any Rewards mailed to you unless a shipping promotion applies, if any. Any Rewards that can be delivered electronically shall be sent by Company to you at the email address you provided in your Program Account within five (5) business days from the date you redeem such a Reward. No Rewards will be sent to any physical or email address outside of the United States.
Company’s officers, directors, employees, agents, shareholders, successors, assigns, affiliates, and third-party service providers, including but not limited to CrowdTwist, Inc., shall not be liable for any damages, losses, or delays in connection with any shipments.
Points Expiration. Once you register for the Program, you must complete at least one (1) Activity every 12 months to retain your earned but unused Points in your Program Account. To the extent permitted by law, Company will close your Program Account and clear your Points balance if you do not complete at least one (1) Activity within 365 calendar days from the date of your last Activity. Company may, at its discretion and upon a frequency established by Company, but is not obligated to, send you written notice to remind you that your Points expire after 12 months of inactivity. You are solely responsible for monitoring your Program Account, Point balance, and Activity completion.

Account Termination.

Except as otherwise provided in these Terms, you may close your Program Account at any time in accordance with the Site’s procedure for closing your Program Account.
Company may terminate your Program Account at any time and at its discretion should Company deem your use of the Program to fail or appear to fail to comply with any provision of these Terms or any federal, state, and local law, statute, ordinance, or regulation. All your Points expire to the extent permitted by law upon the termination of your Program Account for any reason.

Account Reactivation. You may reactivate your Program Account if it was closed or terminated in accordance with Sections 6.6.10 or 7.1. Your reactivation of your Program Account does not restore your Points balance from your closed or terminated Program Account.
User Rules and Conduct.

The Program is provided to you only for your personal, non-commercial use. Any unauthorized use of the Program and the Site is expressly prohibited. You are solely responsible for all acts or omissions that occur under your Program Account, username, or password, including any and all social media or product review content posted or submitted in connection with the Program.
You acknowledge and agree that you will not use the Program and the Site for any purpose that is unlawful, commercial in nature, capital, or any partisan or political advocacy activities, or prohibited by the Terms or any other agreement you have with Company.
You acknowledge and agree to use the Program in compliance with all federal, state, and local laws, statutes, ordinances, or regulations.
You acknowledge and agree that any product reviews you submit in connection with the Program comply with the Federal Trade Commission’s Guides Concerning Use of Endorsements and Testimonials in Advertising and its Trade Regulation Rule on the Use of Consumer Reviews and Testimonials.
You acknowledge and agree that you will not take any action or upload, post, submit, or otherwise distribute or facilitate the distribution of any content in connection with the Program through the Site, social media platform, product review portal, or any other electronic or digital communication platform in any manner that:

Is unlawful, deceptive, misleading, fraudulent, threatening, abusive, harassing, libelous, invasive of another’s privacy, tortious, obscene, profane, or which otherwise violates these Terms;
Infringes any copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity or privacy of another natural person, entity or organization, or other third party;
Makes any reference to another natural person by their full name or by including any information about such natural person that they could be identified by name, entity or organization, or other third party (including Company competitors), including their website, mailing or service address, email address, or phone number;
Company deems as or that it may reasonably consider to be defamatory, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any natural person, entity or organization, or other third party;
Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail distribution such as spamming, chain letters, or any form of lottery or gambling;
Imposes an unreasonable or disproportionately large load on Company’s computing, storage, or communications infrastructure, or that attempts to gain unauthorized access to the Program, other Program Accounts, computer systems, or networks connected to the Program, through password mining or otherwise;
Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or network system or to damage or obtain unauthorized access to any system, data, or other information of Company or any third party;
Creates Smart Sleeper accounts by any automated means or under false or misleading pretenses;
Harvests, scrapes, or collects any information from the Program or the Site;
Disguises the source of your content posted by you; or
Impersonates any person or entity, including any employee or representative of Company.

You acknowledge and agree that you have not received compensation or any consideration from another natural person, entity or organization, or other third party (including Company competitors) for any and all content or product reviews posted or submitted in connection with the Program.
You acknowledge and agree that Company may immediately suspend or terminate your access to the Program at its sole discretion should Company deem your use of the Program to fail or appear to fail to comply with any provision of these Terms.

Liability. YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY NOR ANY OF COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUCCESSORS, ASSIGNS, AFFILIATES, OR THIRD-PARTY SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO CROWDTWIST, INC., SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release, and hold harmless Company, Company’s officers, directors, employees, agents, shareholders, successors, assigns, affiliates, and its third-party service providers, including but not limited to CrowdTwist, Inc. Company, Company’s officers, directors, employees, agents, shareholders, successors, assigns, affiliates, and third-party service providers, including but not limited to CrowdTwist, Inc., are not responsible for delayed, late, lost, incomplete, inaccurate, or undelivered Rewards, or any other problems of any kind relating to or in connection with the Program. A Smart Sleeper found tampering with or abusing any aspect of the Program or the Site, acting in a disruptive manner, or who is otherwise not in compliance with these Terms as solely determined by Company may be removed from the Program and all such Smart Sleeper’s Points and Rewards will be void. Company, Company’s officers, directors, employees, agents, shareholders, successors, assigns, affiliates, and third-party service providers, including but not limited to CrowdTwist, Inc., are not responsible for injury or damage to your computer or any mobile device or any other person’s computer or mobile device related to or resulting from your participation in the Program or downloading materials from or use of the Site. You acknowledge and agree that you are solely responsible for any and all internet access costs, service charges, and any other fees incurred by your use of the internet or any wireless communications networks on any computer, mobile device, or any other device in connection with the Program.
Disclaimer of Warranties. THE PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE." THE PROGRAM IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, SUCCESSORS, ASSIGNS, AFFILIATES, AND ITS THIRD-PARTY SUPPLIERS, INCLUDING BUT NOT LIMITED TO CROWDTWIST, INC., DO NOT WARRANT THAT: (A) ANY INFORMATION WILL BE TIMELY, ACCURATE, RELIABLE OR CORRECT; (B) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR PLACE; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) ANY RESULT OR OUTCOME CAN BE ACHIEVED. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.
Sign-In Credentials. You are responsible for maintaining the confidentiality of your sign-in credentials for your Program Account and are fully responsible for all activities that occur through the use of them. You agree that Company will not be liable for any loss or damage arising from unauthorized use of your credentials.
Cancellation, Modification, or Termination of Terms. Company reserves the right to amend any of these Terms at any time and at its sole discretion without prior written notice at any time. All changes are effective upon Company’s posting of the updated Terms on the Site. YOUR CONTINUED USE OF THE SITE AFTER THE POSTING OF ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST DISCONTINUE USING THE SITE AND TERMINATE YOUR PROGRAM ACCOUNT.
Alternative Dispute Resolution. Company hopes to never have a dispute with you. In the unlikely event of a dispute with respect to the Program or its validity or enforceability or any other dispute, action or controversy between Company and you that relates to the Program, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis (a “Dispute”), you and Company agree that such Dispute shall be resolved according to these alternative dispute resolution (“ADR”) provisions.

Trial by Jury and Class Action Waiver. By participating in the Program, you understand and agree that except as provided herein, you have waived your right to have your Dispute with Company resolved by either a jury or bench trial. Company and you have waived any right to a jury or bench trial as well. You also understand and agree that you have waived your right to participate in any litigation related to your Dispute on a class basis or as a class member.
Fundamental Fairness. Company supports the proposition that all parties to a Dispute subject to these ADR provisions are entitled to a fundamentally fair process and hearing. Toward that end, Company intends these ADR provisions to fully support the Consumer Due Process Protocol as published by the American Arbitration Association (“AAA”). Each party shall be given adequate notice of hearings and an opportunity to be heard and to present relevant evidence.
ADR Administrator and Rules. Unless both Company and you otherwise agree in writing, any mediation or arbitration under these ADR provisions of these Terms shall be administered by and pursuant to the non-binding mediation or binding arbitration rules of the AAA concerning consumer-related disputes in effect at the time a case is filed. Information on these rules can be found on the AAA website (www.adr.org).
ADR Process. Except in the case of a Small Claim, as defined below, you agree that any and all Disputes between Company and you shall be submitted first to non-binding mediation. If the Dispute is not resolved through mediation, you may then submit the Dispute for binding arbitration. You agree that the arbitrator has been delegated the authority to determine any questions of arbitrability. Further information on the ADR process may found on the AAA website (www.adr.org).
Restrictions on Arbitration. Disputes shall be arbitrated on an individual basis. You have no right to or authority for any Dispute to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator’s authority to resolve disputes and to make awards is limited to Disputes between you and Company alone. Furthermore, disputes brought by either you or Company against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party unless agreed to in writing by all parties. No arbitration award or decision on any Dispute shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. Should any portion of this Section 14 be stricken from these Terms or deemed otherwise unenforceable, then this entire ADR Section 14 shall be stricken.
Small Claims. If your Dispute is for damages of less than the jurisdictional limit for claims made in small claims court where you live (a “Small Claim”), you may elect to file your Small Claim on a non-class/non-consolidated/non-representative basis in such small claims court instead of submitting your Small Claim to the AAA for mediation or arbitration as required by these Terms. If your Small Claim is unsuccessful in small claims court and you wish to further pursue your Small Claim, you agree to submit your Small Claim to the AAA as a Dispute for binding arbitration but not mediation under these Terms.
Costs and Fees Imposed by AAA. You may be required to pay a filing fee when you file your Dispute with the AAA. There is generally no fee to file a request to mediate with the AAA. There is generally a filing fee required to file an arbitration request. You should contact the AAA to determine what the filing fee is. The AAA also charges certain administrative costs and expenses related to a mediation or arbitration. For example, the mediator or arbitrator selected by the parties will need to be paid for their time and related travel expenses (if any). Except in cases where the mediator or arbitrator determines that your Dispute is baseless, frivolous or was filed with the principal purpose of being vexatious or to annoy, Company will be responsible for paying all other fees or expenses related to the mediation or arbitration as imposed by the AAA above and beyond the filing fees imposed on you by the AAA. You are responsible for paying your own attorney’s fees if you choose to be represented by an attorney.
Right to Representation. During the ADR process (either mediation or arbitration) you have the right, at your own expense, to be represented by an attorney. The choice of whether to retain an attorney and the costs and expenses of such attorney are entirely yours.
Initiating the Dispute Resolution Process. Please contact your local small claims court clerk for instructions on submitting your Small Claim to the small claims court. To submit your Dispute to mediation (initial claims) or arbitration (appeals), please contact the AAA.
Selection of Neutrals. Any mediation or arbitration filed with the AAA will be heard by an independent and neutral third party (“Neutral”). As part of the ADR process, all parties are entitled to a Neutral who is independent and impartial. Toward that end and pursuant to the AAA rules for the selection of a Neutral, each party will be provided with a list of available Neutrals by the AAA. Each party will be entitled to strike those Neutrals the party deems unacceptable. The parties shall then rank the Neutrals remaining on their list. The AAA will select the Neutral from the names remaining on the list starting with the highest mutually ranked Neutral.
Location of Mediation or Arbitration. In the case of face-to-face proceedings, such proceedings will be conducted at a locale that is reasonably convenient to each party with due consideration of each party’s ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the Neutral.
Nature of Hearing. In some cases, the Neutral may find it more expeditious and/or less costly to render an opinion based on written submissions only (no hearing) or based on a hearing conducted telephonically. The Neutral shall always have discretionary authority as to whether to require a face-to-face hearing at the request of either party.
Remedies and Awards. The Neutral shall be empowered to grant whatever relief would be available in court or in equity. In the case of arbitration, the decision of the Neutral and any award granted to either party shall be final and binding but subject to review in accordance with applicable statutes governing arbitration awards. In making the award, the Neutral should apply any identified, pertinent contract terms, statutes and legal precedents. The Neutral shall also provide a brief written explanation of the basis for any award at the time it is made.