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THIS LIMITED WARRANTY CONTAINS A BINDING JAMS ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS BELOW, WHICH ALSO DESCRIBE YOUR RIGHT TO OPT-OUT.

Your purchase of a Stearns & Foster® mattress or non-adjustable foundation indicates acceptance of these terms. All parts of this Limited Warranty apply to the maximum extent permitted by law unless prohibited by law. This Limited Warranty gives the purchaser (“Purchaser”) specific legal rights, and the Purchaser may also have other rights, which may vary from state to state.

What Should I Do If A Problem Occurs?

First, contact the retailer where you purchased your sleep set. If you cannot reach the retailer, or if you have moved, contact our Customer Service line at 1-866-783-2767.

WARRANTY DESCRIPTION

All Stearns & Foster® mattresses and non-adjustable foundations are covered by the terms of this Limited Warranty. For purposes of this Limited Warranty, the term “product” means any Stearns & Foster non-adjustable foundation and any mattress manufactured by or for Sealy Mattress Manufacturing Company, LLC (“Sealy”). Sealy warrants that it will, at Sealy’s option, replace Purchaser’s Stearns & Foster product sold in the U.S. by an authorized retailer if that product is defective due to faulty workmanship or materials, subject to the limitations described in this Limited Warranty. Sealy undertakes no responsibility for the quality of the products except as provided in this Limited Warranty, and there are no warranties that extend beyond the description provided herein. SEALY LIMITS THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. This Limited Warranty is valid only in connection with the original purchase of new products from authorized retailers and extends from the original purchase date of the original product. An “original purchaser,” for the purposes of this Limited Warranty, is an individual or entity who purchases the product directly from Sealy or an authorized retailer of Sealy with the intent to use the product for personal consumer use and not for commercial or industrial use and not with the intent to resell the product. An “authorized retailer,” for purposes of this Limited Warranty, is an individual or entity authorized by Sealy to sell product directly to original Purchasers. An individual or entity that purchases the product from whatever source with the intent to resell the product is an “unauthorized reseller.”

This Limited Warranty does not apply to floor models or demonstration samples or to products sold by unauthorized resellers, including, without limitation, unauthorized resellers on third-party websites. Unauthorized resellers are not “original purchasers” for the purpose of this Limited Warranty. If Purchaser is not the original purchaser of this product, Purchaser takes the product “AS IS,” “with all faults” and without warranty. If the purchase of this product was not directly from Sealy, proof of purchase will be required to demonstrate that the product was purchased from an authorized retailer and Purchaser is eligible to make a valid claim under this limited warranty.

MATTRESSES

Stearns & Foster mattresses are designed to work on a firm solid-surface, non-spring foundation or adjustable bed base that is structurally capable of supporting the weight of Purchaser’s Stearns & Foster mattress and user(s). This Limited Warranty and other performance warranties are based on tests conducted on “sets” that consist of our mattresses and our foundations/adjustable bed bases. This Limited Warranty only covers manufacturing defects in a mattress or foundation when the set is subject to proper handling and normal use in conjunction with a bed frame that provides Continuous Support. To provide Continuous Support, a Queen or King frame must have a rigid bridge bar with at least 5 support legs, or 5 equally spaced hardwood cross-slats with a supporting center leg. The cross slats must be at least 3 inches wide and no more than 4 inches apart. Sealy may require Purchaser to provide proof of the quality of the foundation, adjustable bed base, or bed frame used in conjunction with the mattress if Purchaser makes a claim under this Limited Warranty. Sealy makes no representations whatsoever as to the structural integrity or rated load for any frame, foundation, or adjustable base not manufactured by or for Sealy. Coverage under this Limited Warranty is excluded if the foundation, base, or frame is determined, in Sealy’s reasonable discretion, to be inadequate, or if the mattress is found to be in an unsanitary condition. Inadequate bases include, but are not limited to plywood, bunkie boards, and plastic liners.

How long will the warranty last? What is the amount of the deductible?

The length and terms of this warranty may be determined from information contained on the law tag attached to the mattress.

On your mattress law tag, find the “Warranty” field. The Warranty field contains a Warranty Code and a 12-digit Serial Number.

Example:

Warranty Code: 10/10

SN 340500XXXXXX

The number left of the slash mark is the period (in years) during which warrantable repairs or mattress replacement is provided without a deductible. The number to the right of the slash mark is the total warranty period in years. If the number to the left of the slash is the same as the number to the right of the slash, this means your mattress warranty has no deductible. For example, if the Warranty Code is 10/10, your mattress has a 10-year limited warranty with any warrantable repairs or replacement during the 10-year period being provided without a deductible.

Example:

Warranty Code: 5/10

SN 340500XXXXXX

If the number to the left of the slash is less than the number to the right of the slash, this means your mattress warranty has a deductible for any warrantable repairs or replacement. For example, if the Warranty Code is 5/10, your mattress comes with a 10-year limited warranty and any warrantable repairs or replacement during the first 5 years of the warranty period are provided without a deductible. To calculate the applicable deductible for any warrantable repair or replacement after 5 years, use this simple formula: (Current Manufacturer's Suggested Retail Price for the Mattress) multiplied by (Number of Years from the Purchase Date of Your Mattress) divided by the Number to the Right of the Slash Mark. For example, if the Current Manufacturer's Suggested Retail Price for your mattress is $500 and the Warranty Code on the law tag of your mattress is 5/10, for any warrantable repairs or replacement in year 8 of ownership, the deductible will be (500 x 8)/10, or $400.

If your mattress is discontinued, Sealy has sole discretion to select a comparable mattress model that will be used to determine the deductible per the formula above. Your purchase date is established from the date of your sales receipt.

Regardless of whether there is any deductible, the Purchaser is responsible for paying any applicable transportation fees and inspection costs.

For additional information, contact your retailer.

What is and is not covered by the warranty?

Sealy warrants that it will, at Sealy’s option, replace Purchaser’s Stearns & Foster mattress sold in the U.S. by an authorized retailer if that product is defective due to faulty workmanship or materials, subject to the limitations described in this Limited Warranty.

THIS LIMITED WARRANTY DOES NOT COVER:

  1. Comfort preference.
  2. Cover pilling associated with normal wear and use.
  3. Physical abuse or damage to the structure and/or cover material, including but not limited to: burns, cuts, tears, liquid damage, or stains.
  4. Damage associated with an improper bed frame, foundation, or adjustable base. See above description of a proper bed frame.
  5. Replacement of another piece in the Stearns & Foster sleep system (e.g., mattress, adjustable base, pillows, etc.) unless the other piece is also defective.
  6. Floor models or demonstration samples.
  7. Product sold by unauthorized resellers.
  8. Product sold “as-is,” “preconditioned,” “reconditioned,” “used,” “comfort return,” “returned,” “previously owned,” or any other similar wording indicating that the product is not “new” or of “first quality,” or has previously been purchased or used by another consumer.
  9. Normal indentations or sagging of less than 1 ½″ for quilted or tufted top mattresses, or less than ¾” for flat top panel mattresses without any quilting or tufting. If it is determined that an indentation is caused by misuse, abuse or factors other than a product defect, this warranty will not cover that condition.
  10. Odors.
  11. Mildew or mold occurring after use of the mattress, unless discovered within 30 days of purchase of the mattress.
  12. Damage caused by other actions or events beyond Sealy’s reasonable control.

FLAT, NON-ADJUSTABLE STEARNS & FOSTER FOUNDATIONS

Stearns & Foster foundations are designed to work with a bed frame capable of supporting the load of the foundation and an approved mattress. This Limited Warranty and other performance warranties are based on tests conducted on “sets” that consist of our mattresses and our foundations. Sealy may require Purchaser to provide proof of the quality of the bed frame or mattresses used in conjunction with the foundation if Purchaser makes a claim under this limited warranty. Sealy makes no representations whatsoever as to the structural integrity or rated load for any frame not manufactured by or for Sealy. Coverage under this Limited Warranty is excluded if the frame is determined, in Sealy’s reasonable discretion, to be inadequate or if the foundation is found to be in an unsanitary condition.

THIS LIMITED WARRANTY COVERS THE FOLLOWING ITEMS DURING NORMAL WEAR:

  1. Structural damage or broken components.
  2. Squeaks or rattles originating from the foundation.
  3. Sagging that is not associated with use of an improper bed frame and does not result from physical abuse or damage to the foundation, or other misuse of the foundation.

THIS LIMITED WARRANTY DOES NOT COVER:

  1. Structural damage from using an improper bed frame.
  2. Physical abuse or damage to the structure and/or cover material of the foundation, including but not limited to, burns, cuts, tears, or liquid damage.
  3. Replacement of another piece in the Stearns & Foster sleep system (e.g., mattress, adjustable base, pillows, etc.) unless the other piece is also defective.
  4. Floor models or demonstration samples.
  5. Product sold by unauthorized resellers.
  6. Product sold “as-is,” “preconditioned,” “reconditioned,” “used,” “comfort return,” “returned,” “previously owned,” or any other similar wording indicating that the product is not “new” or of “first quality,” or has previously been purchased or used by another consumer.
  7. Mildew or mold occurring after use of the mattress, unless discovered within 30 days of purchase of the mattress.
  8. Damage caused by other actions or events beyond Sealy’s reasonable control.

PRODUCT REPLACEMENT TERMS

Except as otherwise provided herein, Sealy will not charge Purchaser to replace Purchaser’s mattress or flat foundation with the same or current comparable model if it is deemed defective during the length of this Limited Warranty, but any inspection or transportation costs associated with replacements are Purchaser’s responsibility (except to the extent applicable law requires Sealy to pay such costs). In no event, however, will the transportation costs exceed Sealy’s then-standard freight charges. No new warranty is provided with a replacement product. The warranty for the replacement product runs from the date of original purchase of the replaced product.

Sealy reserves the right to inspect the Product(s) prior to any authorization of any remedy under this Limited Warranty and may investigate and/or deny warranty claims that it determines are not covered for any reason under the terms and conditions of this Limited Warranty, or that it determines are false, noncompliant, duplicate, fraudulent, or suspicious, or otherwise problematic. Failure to provide requested information in support of your claim may result in denial of your claim. Repetitive warranty claims will not be honored. If Sealy requires an inspector visit, the Purchaser will be responsible for paying the inspection fee up front. If the damage is found to be covered under the warranty, Sealy will reimburse the Purchaser for that amount. If the damage is not covered under the warranty, Purchaser will be responsible for that fee.

In connection with the replacement of a product in compliance with the terms of this Limited Warranty, if a Purchaser elects to upgrade to a more expensive product, they may do so by paying any required deductibles plus the difference between the cost of the original product being replaced and the cost of the upgraded product. The cost of any related additional sleep system pieces not being replaced as part of the warranty exchange is separate. In the event of an upgrade as described in this paragraph, a new warranty will be provided for the upgraded pieces only.

EASE Adjustable Base: 25-Year Limited Warranty

SEALY MATTRESS MANUFACTURING COMPANY, LLC. OR TEMPUR-PEDIC NORTH AMERICA, LLC (“TEMPUR SEALY®”) WARRANTS

THAT IT WILL, AT TEMPUR SEALY’S OPTION, REPLACE OR REPAIR PURCHASER’S EASE® MODEL IF IT IS DEFECTIVE DUE TO FAULTY WORKMANSHIP OR MATERIALS, SUBJECT TO THE LIMITATIONS DESCRIBED IN THIS WARRANTY.

TEMPUR SEALY® UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE GOODS EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE THEREOF.

THIS WARRANTY APPLIES ONLY TO EASE® MODEL. THIS MODEL MAY BE IDENTIFIED BY REFERENCE TO THE SERIAL NUMBER ON THE PRODUCT.

YEARS 1 THROUGH 3: FULL COVERAGE OF PARTS AND LABOR EASE® is warranted against defects in the workmanship or materials for a period of three (3) years from the warranty commencement date. During these first three years of the warranty, the entire product is so covered, including factory supplied electronics, electrical components, drive motors and power supply components. Upon notice during the first through third year from the warranty commencement date, Tempur Sealy® will send replacement parts to the purchaser, at no cost, in order to replace any such defective part. In addition, Tempur Sealy® will pay all authorized labor and transportation costs associated with the repair or replacement of any parts which Tempur Sealy® determines to be defective. This three (3) year warranty shall not apply if the purchaser does not return any and all defective parts to Tempur Sealy® within 15 days of purchaser’s receipt of such replacement parts furnished. Return of the frame, however, should it need to be replaced, is not required.

In no instance will this warranty cover any damage attributable to misuse or to normal wear and tear or to excessive weight placed upon the product. Nor will this warranty cover any purchaser other than

the original purchaser nor will it cover product purchased from an unauthorized third party. If you are not the original purchaser of this product, you take “as is” and “with all faults.” If you did not purchase this EASE® we will require proof of purchase from you demonstrating that you are the original purchaser and are eligible to make a valid claim under this Warranty.

YEARS 4 THOUGH 5: FULL COVERAGE OF PARTS ONLY

Upon notice during the years four (4) and five (5) from the warranty commencement date, Tempur Sealy® will offer replacement parts for any defective parts to the purchaser. Factory supplied electronics, electrical components, drive motors and power supply components are included. This two (2) year Warranty shall not apply if purchaser does not return any and all defective parts to Tempur Sealy® within 15 days of purchaser’s receipt of replacement part. Purchaser shall bear all service, transportation, labor and shipping costs related to the delivery and/or replacement of the defective part.

FRAME ONLY - YEARS 1 THROUGH 25 WARRANTY

Notwithstanding the above, Tempur Sealy® extends a 25 Year Warranty on the frame itself used in this product. Specifically, Tempur Sealy® warrants that for a full 25 years, any defect in the workmanship or the materials used in the frame itself shall be covered. In the event of a frame defect, full product replacement will be offered. For purposes of this 25 Year Warranty, the frame consists of the metal structure of the base and specifically excludes its cover, its side rails, decking and legs, actuator lift motors, control box, remote controls, power supply, and any power supply cords.

ADDITIONAL TERMS AND CONDITIONS

In no instance will this warranty cover any damage attributable to misuse or to normal wear and tear or to excessive weight placed upon the product. Nor will this warranty cover any purchaser other than

the original purchaser nor will it cover product purchased from an unauthorized third party. If you are not the original purchaser of this product, you take “as is” and “with all faults.” If you did not purchase this EASE® directly from Tempur Sealy® we will require proof of purchase from you demonstrating that you are the original purchaser and eligible to make a valid claim under this Warranty.

This Warranty does not include coverage for damage caused by the purchasers or by other users if the product has been used in a manner inconsistent with the operation and maintenance procedures outlined in the Complete Reference Guide, this Warranty, or any other applicable document published or approved by Tempur Sealy®. Nor does it include coverage if the product has been repaired or modified by the purchaser or by an unauthorized third party or if the product has been damaged in transit. This Warranty does not apply to damage to mattresses, fabric, cables, electrical cords or items supplied by Resellers, as defined below. Contact the Reseller or other appropriate party for warranty information on these items. Nor does this Warranty apply to any unnecessary service calls, including costs for in home service calls solely for the purpose of educating the consumer about the unit or finding an unsatisfactory power connection. In addition, if the recommended weight restrictions are not followed (Twin, Twin Long, Double, Queen, King, CA King and Split/Dual CA King bases - up to 650 lbs. each) this Warranty is void.

Replacement parts may be new or reconditioned at Tempur Sealy®’s discretion.

Except for the 25 Year Warranty provided for the frame of this product, there is no warranty at all after five years, dating from commencement of this Limited Warranty.

ADDITIONAL LIMITATIONS ON WARRANTY COVERAGE

In the event a warranty claim is filed and a warranty replacement is deemed necessary, purchaser will be required to surrender the original product, including any components, to Tempur Sealy® at the time of the replacement. Return of the frame, however, should it need to be replaced, is not required.

Repairs to or replacement of the EASE® model or its components under the terms of this Limited Warranty will apply to the original warranty period and will not serve to extend such period. This Warranty begins on the "warranty commencement date" which is the date of purchase for new unused products.

If you did not purchase this EASE® model directly from Tempur

Sealy®, proof of purchase will be required to demonstrate that you are the original purchaser and eligible to make a valid claim under this Warranty.

If original proof of purchase is not provided by the purchaser, Tempur Sealy® reserves the right to determine if the unit is covered, or is not covered, by this Warranty and may use the manufacturing date as the warranty commencement date.

The decision to repair or to replace defective parts under this Limited Warranty shall be made by Tempur Sealy® at its option and at its

sole discretion. Except for the Warranty provided for the frame of

this product, there is no warranty at all after five years, dating from commencement of this Limited Warranty.

TEMPUR SEALY® SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS WARRANTY. THE EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE REPLACEMENT OR CREDIT TOWARDS REPLACEMENT AS SET FORTH HEREIN. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THE WARRANTY DESCRIBED ON THE FACE OF THIS LIMITED WARRANTY.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to every purchaser. This Warranty gives the purchaser specific legal rights, and the purchaser may also have other legal rights, which may vary from state to state.

If you the purchaser experience any problem with your EASE® during the warranty period, please consult the troubleshooting section of your Reference Guide. If the problem persists, please contact Tempur Sealy®’s Customer Service Department by calling toll-free 1-800-499-1965 or in Canada 1-800-268-4414.

PLEASE RETAIN THIS WARRANTY PAPERWORK AND ORIGINAL SALES RECEIPT FOR EASY FUTURE REFERENCE AND DOCUMENTATION.

This Warranty is valid in all 50 states, Puerto Rico, Mexico and Canada.

ADDITIONAL LIMITATIONS ON WARRANTY COVERAGE

In the event a warranty claim is filed, and a warranty replacement is deemed necessary, Purchaser will be required to surrender the original product to Sealy at the time of replacement unless local disposal is allowed by Sealy. If you do not surrender the original product, then you will be charged the full price of your replacement product.

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND SEALY’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. SEALY’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY PURCHASER FOR THE DEFECTIVE PRODUCT.

SEALY EXPRESSLY DISCLAIMS, AND SHALL NOT BE LIABLE FOR, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATING TO, OR RESULTING FROM USE OF THE PRODUCTS, OR ARISING OUT OF ANY NEGLIGENCE OR BREACH OF THIS WARRANTY. THE EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY SHALL BE REPLACEMENT OR CREDIT TOWARDS REPLACEMENT AS SET FORTH HEREIN.

SEALY IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS, LOST SAVINGS, INCIDENTAL DAMAGES, OR CONSEQUENTIAL DAMAGES. SEALY IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.

THIS LIMITATION APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION CANNOT BE WAIVED OR AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF SEALY OR AN AUTHORIZED REPRESENTATIVE OF SEALY HAS BEEN ADVISED BY YOU OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

All parts of this Limited Warranty apply to the maximum extent permitted by law unless prohibited by law.

This Limited Warranty gives the Purchaser specific legal rights, and the Purchaser may also have other rights, which may vary from state to state.

BINDING JAMS ARBITRATION AND CLASS ACTION WAIVER FOR U.S. RESIDENTS

A. YOU AND SEALY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. ALL DISPUTES COVERED BY THIS AGREEMENT WILL BE DECIDED BY A SINGLE ARBITRATOR THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION AND NOT BY WAY OF COURT OR JURY TRIAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

This section applies to any dispute other than a dispute relating to the enforcement or validity of your, Sealy’s, or any of our licensors’ intellectual property rights. “Dispute” means any dispute, action, or other controversy between you and Sealy arising out of or related to your Stearns & Foster® mattress or flat foundation or this warranty, or our relationship otherwise, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

B. In the event of a Dispute, please contact your retailer. If you cannot reach the retailer, contact our Customer Service line at 1-866-783-2767.

C. If your retailer and Sealy’s customer service department are not able to resolve the Dispute, either you or Sealy must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Sealy, Inc., ATTN: Office of General Counsel, 1000 Tempur Way, Lexington, KY 40511. Sealy will send any Notice of Dispute to you by U.S. Mail to your address if we have it or to your e-mail address if we have it. If no such information exists or if such information is not current, then Sealy has no notification or delay obligations under this section. You and Sealy will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or Sealy may commence arbitration.

D. Unless you give us notice of opt-out within thirty (30) days of your purchase of Stearns & Foster® products, addressed to: Sealy, Inc., 1000 Tempur Way, Lexington, KY 40511, (Attn: Office of General Counsel - Arbitration), all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000, or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, before a single arbitrator. The matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. JAMS’ Rules are available at www.jamsadr.com. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter has been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek injunctive relief (subject to the provisions of this Limited Warranty waiving or limiting that relief) in a court of competent jurisdiction in Lexington, Kentucky or, if sought by Sealy, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to a court of competent jurisdiction, which may be made ex parte, for confirmation and enforcement of the award.

E. You and Sealy shall follow the JAMS Rules applicable to initial filing fees, but in no event will you be responsible for any portion of those fees in excess of the filing or initial appearance fees applicable to state or federal court actions in the jurisdiction where the arbitration will be conducted.

The location of the arbitration proceeding shall be in the county and state of your residence, unless each party to the arbitration agrees in writing otherwise or agrees to conduct the arbitration strictly on written submissions or remotely.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision is void, voidable or otherwise invalid. However, as stated in subparagraph (G) below, the preceding sentence does not apply to the class and collective action waivers. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

F. You may elect to pursue your claim in small claims court solely on an individual basis rather than arbitration. The arbitration or small claims court proceeding will be limited solely to your individual dispute or controversy.

G. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SEALY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR OTHER ENTITIES IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

There will be no right or authority for any dispute to be brought, heard, or arbitrated as a class or collective action and the arbitrator will have no authority to hear or preside over any such claim. This class and collective action waiver shall be severable if there is a final judicial determination that the waiver is invalid, unenforceable, unconscionable, void or voidable. In such instances, the class or collective action must be litigated in a civil court of competent jurisdiction—not in arbitration.

Regardless of anything else in this section and/or the JAMS Rules, or any amendments and/or modifications to those rules, any challenge to the class and collective action waiver, including, but not limited to, any claim that all or part of the waiver is invalid, unenforceable, unconscionable, void or voidable, may be determined only by a court of competent jurisdiction and not by an arbitrator.

H. To the extent permitted by law, any claim or dispute under this Limited Warranty must be filed within one year in small claims court or an arbitration proceeding, if so permitted herein. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

I. If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

J. This arbitration agreement and any arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended, to the exclusion of state law inconsistent therewith. The laws of the Commonwealth of Kentucky, without regard to its choice of law principles, will exclusively govern substantive law.

K. Notwithstanding anything to the contrary herein, and only to the extent a court of competent jurisdiction determines that California law applies to our relationship with a California customer in contravention of this agreement providing that Kentucky law shall exclusively apply, then (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Kentucky on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.

L. This provision survives termination of your account or relationship with us, bankruptcy, assignment, or transfer.

M. YOU UNDERSTAND THAT, BUT FOR THE TERMS OF THIS WARRANTY, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

N. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE A PRODUCT BY WRITING TO US AT SEALY, INC., 1000 TEMPUR WAY, LEXINGTON, KY 40511, (ATTN: OFFICE OF GENERAL COUNSEL - ARBITRATION). FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING THE PRODUCT(S) YOU PURCHASED WITHIN THE 30 DAYS AND THE DATE YOU PURCHASED THE PRODUCT(S). IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

ADDITIONAL WARRANTY INFORMATION

You may contact Stearns & Foster’s Customer Service Department by calling toll-free 1-866-783-2767 or by emailing consumersupport@stearnsandfoster.com.

Please retain this Limited Warranty and original proof of purchase for at least 10 years from your date of purchase.

File a Claim

You may check the status of a current claim, or begin a new one, by using the form below.

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