Warranty Policy

Effective Date of Current Policy: August 30, 2023

Mattress Warranty
Pillows Warranty
Bedding Warranty

Sonu Sleep 10 Year Limited Mattress Warranty

When you buy a new Sonu Sleep mattress (“Mattress”) from Sonu Sleep Corporation (“Sonu Sleep”, “us” we” or “our”), your Mattress is covered by the terms of this 10 year limited mattress warranty (the “Mattress Warranty”). This limited Mattress Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

I. Products Covered by this Limited Mattress Warranty

This limited Mattress Warranty is only valid in connection with the original purchase of Mattresses directly from Sonu Sleep, or an authorized retailer, for personal consumer use by original purchasers located in the United States (not including US territories). Sonu Sleep does not authorize any third party to sell our Mattresses, and this limited Mattress Warranty does not cover Mattresses purchased from any unauthorized third party. Additionally, Sonu Sleep product purchased from resellers are not authorized by Sonu Sleep, therefore are not covered by our warranty terms.

Warranty coverage will be voided if the product leaves the permitted shipping zones, since we do not ship outside of these locations.

Mattresses are designed to work on a firm, solid surface, on a bed base that is structurally capable of supporting the weight of the Mattress and user(s), with the head of the Mattress (i.e., the end closest to the negative space on the top of the Mattress) placed directly against a sturdy vertical surface, such as a wall or headboard.

This limited Mattress Warranty does not cover your Mattress if you use it in a manner incompatible with this intended design, or if you use the Mattress in a manner inconsistent with any of the terms and conditions of this limited Mattress Warranty. Additionally, please note that this Mattress Warranty does not cover the channel pillows sold with the Mattress which are designed to occupy the negative space in the Mattress.

Sonu Sleep’s Mattresses are NOT designed to be lifted, moved or handled by holding or grabbing the negative space near the end of the Mattress. Additionally, our Mattresses are NOT designed for consumers to lay down or place any excessive weight or load on or in the negative space. Accordingly, this limited Mattress Warranty does NOT cover repairs or replacements of Mattresses that Sonu Sleep determines, in its sole discretion, are damaged or defective as a result of lying in, placing undue weight or loads in or on, or improper handling or use of the negative space in the Mattress.

II. Eligibility

This limited Mattress Warranty in only valid for the original purchaser of a Mattress who is located in the United States (not including U.S. territories).

All Sonu Sleep warranties, including any implied warranties, are valid only for the period of time the Mattress is owned by the original purchaser of the Mattress, subject to the other limitations set forth in this limited Mattress Warranty. The “original purchaser,” for the purposes of this Mattress Warranty, is the first purchaser of the Mattress who purchased the Mattress directly from Sonu Sleep, or an authorized retailer, for personal consumer use and specifically excludes any Mattress used for a medical patient.

Please retain a copy of your receipt as proof of purchase, which you will need to provide to Sonu Sleep to make a warranty claim. All Sonu Sleep limited warranties, including this limited Mattress Warranty, are non-transferable. Any attempt to sell, assign or transfer this limited Mattress Warranty will be null and void.

This limited Mattress Warranty does NOT cover any Mattresses that have been purchased by a purchaser located outside of the United States or a purchaser located in in any US territories, or any Mattresses purchased from any unauthorized third party. Additionally, Sonu Sleep product purchased from resellers are not authorized by Sonu Sleep, therefore are not covered by our warranty terms.

Warranty coverage will be voided if the product leaves the permitted shipping zones, since we do not ship outside of these locations.

III. Sonu Sleep's Limited Mattress Warranty and Our Responsibilities

This limited Mattress Warranty covers manufacturing defects in the material and workmanship of the Mattress described in Section IV below (“Defects”, and individually, a “Defect”), for any new Mattress that is sold directly to you in its original packaging by Sonu Sleep, or an authorized retailer, for a period of ten (10) years from the original date of the purchase of your Mattress (the “Warranty Period”), subject to the conditions that the Mattress is used normally for its intended personal consumer use in the home, on a firm, flat, solid-surface, non-spring foundation (whether non-moving type or adjustable type) sufficiently strong to remain flat and firm under the weight of the Mattress and user(s), from the date of delivery onward to the date of the warranty claim without interruption; otherwise the warranty is void. Other placement (whether long or short term) of the Mattress, including but not limited to foundations of other description, a storage facility in any orientation, or use of a non-sufficient frame beneath the foundation, voids this warranty. A sufficient frame on which the foundation rests must provide sturdy support for both the Mattress and foundation and in the case of a queen or larger must have 5 or more legs including a center support. Sonu Sleep may require purchaser to provide proof of the sufficiency of the foundation and frame and of the constancy since purchase of the support of the Mattress and foundation thereon before this warranty will apply. This warranty shall not apply if Sonu Sleep determines in its reasonable discretion that the Mattress or foundation has been damaged, abused, or neglected. Additionally, the head of the Mattress must be placed against a firm, sturdy vertical surface always. ISSUE In addition to the head of the Mattress placed against a firm, sturdy vertical surface, and the other terms, conditions and limitations set forth herein.

Subject to the terms and limitations described in this limited Mattress Warranty, Sonu Sleep warrants that during the ten-year Warranty Period, Sonu Sleep will, at Sonu Sleep’s option, replace or repair a Mattress with any Defects. Any repaired or replacement Mattress will not include a new warranty. Rather, the repaired or replacement Mattress will be covered by the limited Mattress Warranty provided by Sonu Sleep on the date of your original purchase of your Mattress until the completion of the remaining Warranty Period.

IV. Defects Covered by this Limited Mattress Warranty

This limited Mattress Warranty covers the following Defects:

Any manufacturing Defect resulting in deterioration causing the Mattress to have a visible indentation greater than one & a half-inches (1.5) inches that is not associated with an indentation or sag that is not a result of improper use or handling, an improper bed, bed base, foundation, frame, or improper placement of the Mattress.
Any manufacturing Defect in the Mattress that causes the foam material to split or crack, despite normal usage and proper handling in a manner consistent with the terms of this limited Mattress Warranty.

Without limiting the foregoing, this limited Mattress Warranty does not cover any of the following:

A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress.
Personal opinions or preferences regarding the softness, firmness or attributes of the Mattress.
Physical abuse or damage to the Mattress, including but not limited to, burns, cuts, tears, damage from liquids or gels or blood or bodily fluids or other fluids, footprints, folds, signs of jumping on the Mattress, insect damage or other infestation, rodents, stains, mold, mildrew growth or damage from weather or sun exposure.
Normal wear and tear.
Removal of the mattress cover will automatically void the limited Mattress Warranty.
Tearing or damage to any area immediately surrounding the negative space in the Mattress. Any damage or tearing of any area immediately surrounding the negative space of the Mattress will automatically void this limited Mattress Warranty.
Channel pillows designed to occupy the negative space of the Mattress.
Repair or replacement of any non-defective components of the Mattress (for example, if you purchase a Mattress with multiple components and only one component has a manufacturing Defect, then we will only replace the defective component).
Any Mattress purchased from any third party.
Any Mattress purchased by any individual or entity outside of the United States, or any individual or entity in the United States territories.
Mattresses sold as “final sale” or has previously been purchased or used by another consumer.
Delamination of any and/or all internal foam layers.
Allergies or sensitivities to fabrics or materials incorporated into the Mattress.

In the event of a Defect covered under this limited Mattress Warranty, Sonu Sleep’s sole and exclusive liability and your sole remedy under this limited Mattress Warranty will be, at Sonu Sleep’s option, to provide a repaired or replacement Mattress, subject to your fulfillment of “Purchaser Responsibilities” below and the other terms and conditions set forth in this limited Mattress Warranty.

V. Purchaser Responsibilities

In the event of a Defect in your Mattress, and in order to get the benefit of this limited Mattress Warranty, you must return your defective Mattress to Sonu Sleep, or an authorized retailer, and provide Sonu Sleep with original proof of purchase (including date) by the original purchaser, the law tags from the Mattress, and this warranty document. Any transportation or shipping costs associated with a repair or replacements are the purchaser’s responsibility.

A brief description of the Defect and photographs and other evidence of the Defect covered must be sent to the address set forth in Section VII of this limited Mattress Warranty.

Once we receive your Mattress and confirm that it is covered by our limited Mattress Warranty, Sonu Sleep will repair or replace (as applicable) and ship your repaired or replacement Mattress. Any to-or-from transportation handling and costs and inspection costs associated with repairs or replacements are the responsibility of the purchaser. Replaced or repaired Mattresses are subject to the same limited Mattress Warranty as the original Mattress. If you obtain a replaced or repaired Mattress, the Warranty Period of the replaced or repaired Mattress begins from the date of purchase of the original Mattress.

VI. Disclaimer of Warranties; Limitation of Sonu Sleep’s Liability

EXCEPT AS OTHERWISE PROVIDED IN THIS MATTRESS WARRANTY, AND TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS IS PROVIDED “AS IS” AND WITHOUT ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AND THIS LIMITED MATTRESS WARRANTY PROVIDES OUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THE WARRANTY DESCRIBED IN THIS LIMITED MATTRESS WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED MATTRESS WARRANTY, IN NO EVENT WILL SONU SLEEP OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE MATTRESS OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF SONU SLEEP HAS BEEN ADVISED OF SUCH DAMAGES IN ADVANCE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THIS LIMITED MATTRESS WARRANTY IS A REPAIR OR REPLACEMENT OF THE MATTRESS AS SET FORTH HEREIN. SONU SLEEP’S MAXIMUM TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE MATTRESS GIVING RISE TO SUCH LIABILITY.

WITHOUT LIMITING ANYTHING CONTAINED IN THIS LIMITED MATTRESS WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SONU SLEEP OR ITS SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY REPAIRS OR REPLACEMENTS OF ANY MATTRESS OR ANY OTHER DAMAGES OR LIABILITIES IN CONNECTION WITH ANY IMPROPER USE OR HANDLING OF THE MATTRESS OR ANY COMPONENT THEREOF, INCLUDING BUT NOT LIMITED TO USE OF THE MATTRESS WITH IMPROPER BED FRAMES, IMPROPER PLACEMENT OF THE MATTRESS WITHOUT ADEQUATE SUPPORT AGAINST THE HEAD OF THE MATTRESS, AND IMPROPER HANDLING OR USE OF THE NEGATIVE SPACE OF THE MATTRESS. ANY SUCH IMPROPER USE OR HANDLING OF THE MATTRESS WILL AUTOMATICALLY VOID THIS LIMITED MATTRESS WARRANTY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IF YOUR PURCHASE OF THE MATTRESS WAS NOT DIRECTLY FROM SONU SLEEP, OR IF YOU PURCHASED THE MATTRESS FROM ANY UNITED STATES TERRITORIES OR ANYWHERE OUTSIDE OF THE UNITED STATES, THEN YOU TAKE SUCH PURCHASE “AS IS” AND SUCH PURCHASE WILL AUTOMATICALLY VOID THIS LIMITED MATTRESS WARRANTY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHANNEL PILLOWS ARE PROVIDED “AS IS” AND WITHOUT ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED.

VII. How to Submit a Claim under this Limited Mattress Warranty

To submit a claim under this limited Mattress Warranty, please email the following to warranty@SonuSleep.com:

A brief description of the alleged Defect.
Original proof of purchase (including date) by the original purchaser
Photo(s) documenting the alleged Defect
Photo of the law tags from the Mattress. In addition, the original law tags must be physically mailed to Sonu Sleep.
This warranty document

We may, in our sole discretion, also require you to provide proof of your proper use and handling of the Mattress, including photos or evidence, adequately demonstrating that your use and handling of the Mattress was proper, such as photos of the bed frame used in connection with the Mattress, photos displaying the negative space in good condition, and photos displaying the placement of the Mattress against a steady vertical surface.

Following our receipt of your warranty claim, you will receive a response from us within 10-14 business days.

VIII. Dispute Resolution

8.1 Generally. As used in this Section VIII, the term “Dispute” means any dispute, disagreement, or other controversy between you and Sonu Sleep concerning your Mattress or this limited Mattress Warranty. In the interest of resolving Disputes between you and Sonu Sleep in the most expedient and cost-effective manner, you and Sonu Sleep agree that any Disputes between you and Sonu Sleep arising out of or in any way related to this limited Mattress Warranty or your use of the Mattress will be resolved by binding arbitration (“Arbitration”) in accordance with the terms of this Section VIII. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all Disputes arising out of or in any way related to this limited Mattress Warranty or your use of the Mattress, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a Dispute arises during or after the end of the Warranty Period for your Mattress. YOU UNDERSTAND AND AGREE THAT YOU AND SONU SLEEP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

8.2 Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this limited Mattress Warranty will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

8.3 Arbitrator. Any Arbitration between you and Sonu Sleep will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Sonu Sleep. The arbitrator has exclusive authority to resolve any Disputes relating to the interpretation, applicability, or enforceability of the binding arbitration agreement set forth in this limited Mattress Warranty.

8.4 Notice; Process. A party who intends to seek Arbitration must first send a written notice of the Dispute to the other party by U.S. Mail or electronic mail (“Notice”). Sonu Sleep’s address for Notice is: 8033 W Sunset Blvd #963, Los Angeles, CA 90046, or legal@SonuSleep.com. The Notice must: (a) describe the nature and basis of the Dispute; and (b) set forth the specific relief sought (“Demand”). You and Sonu Sleep will make good faith efforts to resolve the Dispute directly, but if you and Sonu Sleep do not reach an agreement to do so within 30 days after the Notice is received, you or Sonu Sleep may commence a small claims proceeding in Los Angeles County, California, USA, subject to the jurisdiction of the small claims court. If you and Sonu Sleep do not resolve the Dispute through good faith efforts or a small claims action, you agree that the Dispute will be resolved exclusively in an Arbitration proceeding. During the Arbitration, the amount of any settlement offer made by you or Sonu Sleep must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the Dispute is finally resolved through Arbitration in your favor, Sonu Sleep will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Sonu Sleep in settlement of the Dispute prior to the arbitrator’s award; or (iii) $1,000.

8.5 Procedures; Fees. Except as otherwise set forth in this limited Mattress Warranty, if you commence Arbitration in accordance with the terms of this limited Mattress Warranty, Sonu Sleep will reimburse you for your payment of the filing fee, unless your Demand is for more than $10,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, USA, but if the Demand is for $10,000 or less, you may choose whether the Arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; or (b) through a non-appearance based telephone hearing. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Sonu Sleep for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the Arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

8.6 Arbitration. Any Arbitration proceeding shall be initiated and administered in Los Angeles County, California, USA (unless you and Sonu Sleep mutually agree to have such Arbitration proceeding in some other locale) by AAA and in accordance with the then current AAA Rules. The Arbitration shall be administered by one (1) arbitrator selected in accordance with the then current AAA Rules, and the arbitrator shall determine the exact time and location of the Arbitration. The arbitrator shall apply Delaware substantive law, or federal substantive law where state law is preempted. Subject to the terms and conditions of this limited Mattress Warranty, the arbitrator shall have the power to award damages to you individually, and may award equitable or injunctive relief to you individually. The arbitrator shall prepare in writing and provide to the parties an award including factual findings and the legal reasons on which the award is based, which may be entered in any court of competent jurisdiction. If Sonu Sleep is the prevailing party in any Arbitration hereunder, we shall seek an award of our reasonable attorneys’ fees, costs and any other expenses incurred directly or indirectly in connection with the Arbitration, including without limitation the fees and expenses of the arbitrator.

8.7 No Class Actions. YOU AND SONU SLEEP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sonu Sleep agree otherwise, the arbitrator may not consolidate more than one person’s claims, Demands or Disputes, and may not otherwise preside over any form of a representative or class proceeding.

8.8 Modifications to Arbitration Provision. If Sonu Sleep makes any future change to the Arbitration provisions set forth above in this limited Mattress Warranty, other than a change to Sonu Sleep’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Sonu Sleep’s address for Notice, in which case this Section VIII, as in effect immediately prior to the changes you rejected, will continue to govern any Disputes between you and Sonu Sleep.

8.9 Enforceability. If Section 8.7 (No Class Actions) is found to be unenforceable, then such Section 8.7 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below in Section 8.10 (Choice of Law; Venue) will govern any action arising out of or related to this limited Mattress Warranty or your use of the Mattress.

8.10 Choice of Law; Venue. This limited Mattress Warranty will be governed and construed in accordance with the laws of the State of Delaware. In the event of any Dispute arising out of or in connection with this limited Mattress Warranty or your use of the Mattress which is submitted to court, then you and Sonu Sleep agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Los Angeles County, California, USA. You agree to waive and hereby do waive any objections and defenses you may have to such jurisdiction and venue.

8.11 Statute of Limitations. To the fullest extent permitted by applicable law, any claim or Dispute under this limited Mattress Warranty must be filed during the Warranty Period and within one (1) year of the event giving rise to the claim or Dispute in small claims court, an Arbitration proceeding, or in court, to the extent such claim or Dispute is permitted hereunder. This one-year period commences on the earliest date the claim could be filed under applicable law. If a claim or Dispute is not filed within such one-year period, it is permanently barred to the maximum extent permitted by applicable law.

Sonu Sleep Limited Bedding Warranty

When you buy new Sonu Sleep Bedding (including the sheet set, support pillowcases, mattress protector, comforter, duvet cover and blankets, herein “Bedding”) from Sonu Sleep Corporation (“Sonu Sleep”, “us” we” or “our”), your Bedding are covered by the terms of this limited Bedding warranty (the "Bedding Warranty"). The term of the Bedding Warranty is 1 year for the sheet set, support pillowcases and mattress protector, 3 years for the honeycomb blanket, and 5 years for the comforter, duvet set and muslin blanket. This limited Bedding Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

I. Products Covered by this Limited Bedding Warranty

This limited Bedding Warranty is only valid in connection with the original purchase of Bedding directly from Sonu Sleep, or an authorized retailer, for personal consumer use by original purchasers located in the United States (not including US territories). This limited Bedding Warranty does not cover Bedding purchased from any authorized third party.

Bedding are custom designed to fit Sonu Sleep’s Mattress and to work on a firm, solid surface, on a bed base that is structurally capable of supporting the weight of the Mattress, Bedding and user(s). This Bedding Warranty does not cover your Bedding if you use them in a manner incompatible with that intended design, including any use in connection with a different type of mattress. Any such use of the Bedding that is incompatible with the intended design of the Bedding, including use of the Bedding with a mattress sold by any unauthorized third party, will automatically void this limited Bedding Warranty.

II. Eligibility

This limited Bedding Warranty is only valid for the original purchaser of any Bedding who is located in the United States (not including US territories).

All Sonu Sleep warranties, including any implied warranties, are valid only for the period of time the Bedding is owned by the original purchaser of the Bedding, subject to the other limitations set forth in this limited Bedding Warranty. The “original purchaser,” for the purposes of this Bedding Warranty, is the first purchaser who purchased the Bedding directly from Sonu Sleep, or an authorized retailer, for personal consumer use.

Please retain a copy of your receipt as proof of purchase, which you will need to provide to Sonu Sleep to make a warranty claim. All Sonu Sleep limited warranties are non-transferable. Any attempt to sell, assign or transfer this limited Bedding Warranty will be null and void.

Sonu Sleep product purchased from resellers are not authorized by Sonu Sleep, therefore are not covered by our warranty terms.

Warranty coverage will be voided if the product leaves the permitted shipping zones, since we do not ship outside of these locations.

III. Sonu Sleep's Limited Bedding Warranty and Our Responsibilities

This limited Bedding Warranty covers manufacturing defects in the material and workmanship of the Bedding described in Section IV below (“Defects”, and individually, a “Defect”), for any new Bedding that are sold directly to you in their original packaging by Sonu Sleep, or an authorized retailer, for a period of one (1) year from the original date of the purchase of your Bedding (the “Warranty Period”), subject to the conditions that the Bedding is used properly and normally for its intended personal consumer use and the other limitations set forth herein.

Subject to the terms and limitations described in this limited Bedding Warranty, Sonu Sleep warrants that during the one-year Warranty Period, Sonu Sleep will, at Sonu Sleep’s option, replace or repair any Bedding with any covered manufacturing Defects. Any repaired or replacement Bedding will not include a new warranty. Rather, the repaired or replacement Bedding will be covered by the limited Bedding Warranty provided by Sonu Sleep on the date of your original purchase of the Bedding until the completion of the remaining Warranty Period.

IV. Defects Covered by this Limited Bedding Warranty

This limited Bedding Warranty covers manufacturing Defects due to faulty workmanship or materials in the Bedding, subject to the limitations described in this limited Bedding Warranty.

Without limiting the foregoing, this limited Bedding Warranty does not cover any of the following:

Personal opinions or preferences regarding the softness, firmness or attributes of the Bedding.
Physical abuse or damage of the Bedding, including but not limited to, burns, cuts, tears, liquid damage, stains, mold or mildrew growth.
Normal wear and tear.
Any Bedding purchased from any third party.
Any Bedding purchased by any individual or entity outside of the United States, or any individual or entity in the United States territories.
Bedding sold as “final sale” or has previously been purchased or used by another consumer.
Allergies or sensitivities to fabrics or materials incorporated into the Bedding.

In the event of a Defect covered under this limited Bedding Warranty, Sonu Sleep’s sole and exclusive liability and your sole remedy under this limited Bedding Warranty will be, at Sonu Sleep’s option, to provide a repaired set of Bedding or replacement Bedding, subject to your fulfillment of “Purchaser Responsibilities” below and the other terms and conditions set forth in this limited Bedding Warranty.

V. Purchaser Responsibilities

In the event of a Defect in your Bedding, and in order to get the benefit of this limited Bedding Warranty, you must return your Bedding to Sonu Sleep, or an authorized retailer, and provide Sonu Sleep with proof of the original date of purchase. Should shipping costs be required to return your Bedding, you will not be responsible for those costs so long as Sonu Sleep approves your shipping method in writing in advance of your return of the Bedding.

A brief description of the Defect and photos or other evidence of the Defect and any claims must be sent to the address set forth in Section VII of this limited Bedding Warranty.

Once we receive your Bedding and confirm that they are covered by our limited Bedding Warranty, Sonu Sleep will replace (as applicable) and ship your repaired or replacement Bedding at no additional cost to you. Replaced Bedding are subject to the same limited Bedding Warranty as the original Bedding. If you obtain replaced or repaired Bedding, the warranty term of the replaced or repaired Bedding begins from the date of purchase of the original Bedding.

VI. Disclaimer of Warranties; Limitation of Sonu Sleep’s Liability

EXCEPT AS OTHERWISE PROVIDED IN THIS Bedding WARRANTY, AND TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THE Bedding ARE PROVIDED “AS IS” AND WITHOUT ANY OTHER REPRESENTATIONS OR WARRNATIES, EXPRESS OR IMPLIED, AND THIS LIMITED Bedding WARRANTY PROVIDES OUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THE WARRANTY DESCRIBED IN THIS LIMITED Bedding WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED Bedding WARRANTY, IN NO EVENT WILL SONU SLEEP OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE Bedding OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF SONU SLEEP HAS BEEN ADVISED OF SUCH DAMAGES IN ADVANCE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SONU SLEEP’S MAXIMUM TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE Bedding GIVING RISE TO SUCH LIABILITY AND ANY APPLICABLE SHIPPING OR TRANSPORATION COSTS.

WITHOUT LIMITING ANYTHING CONTAINED IN THIS LIMITED Bedding WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SONU SLEEP OR ITS SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY REPAIRS OR REPLACEMENTS OF ANY Bedding OR ANY OTHER DAMAGES OR LIABILITIES IN CONNECTION WITH ANY IMPROPER USE OR HANDLING OF THE Bedding, INCLUDING WITHOUT LIMITATION ANY USE OF SONU SLEEP’S Bedding IN CONNECTION WITH MATTRESS PRODUCTS SOLD BY ANY THIRD PARTY OR ANY OTHER PRODUCTS SOLD BY ANY THIRD PARTY. ANY SUCH IMPROPER USE OR HANDLING OF THE Bedding WILL AUTOMATICALLY VOID THIS LIMITED Bedding WARRANTY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IF YOUR PURCHASE OF THE Bedding WAS NOT DIRECTLY FROM SONU SLEEP, OR IF YOU PURCHASED THE Bedding FROM ANY UNITED STATES TERRITORIES OR ANYWHERE OUTSIDE OF THE UNITED STATES, THEN YOU TAKE SUCH PURCHASE “AS IS” AND SUCH PURCHASE WILL AUTOMATICALLY VOID THIS LIMITED Bedding WARRANTY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

VII. How to Submit a Claim under this Limited Bedding Warranty

To submit a claim under this limited Bedding Warranty, please email the following to warranty@SonuSleep.com:

A brief description of the alleged Defect.
Proof of your original purchase.
Photo(s) documenting the alleged Defect

Following our receipt of your warranty claim, you will receive a response from us within 10-14 business days.

VIII. Dispute Resolution

8.1 Generally. As used in this Section VIII, the term “Dispute” means any dispute, disagreement, or other controversy between you and Sonu Sleep concerning your Bedding or this limited Bedding Warranty. In the interest of resolving Disputes between you and Sonu Sleep in the most expedient and cost-effective manner, you and Sonu Sleep agree that any Disputes between you and Sonu Sleep arising out of or in any way related to this limited Bedding Warranty or your use of the Bedding will be resolved by binding arbitration (“Arbitration”) in accordance with the terms of this Section VIII. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all Disputes arising out of or in any way related to this limited Bedding Warranty or your use of the Bedding, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a Dispute arises during or after the end of the Warranty Period for your Bedding. YOU UNDERSTAND AND AGREE THAT YOU AND SONU SLEEP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

8.2 Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this limited Bedding Warranty will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

8.3 Arbitrator. Any Arbitration between you and Sonu Sleep will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Sonu Sleep. The arbitrator has exclusive authority to resolve any Disputes relating to the interpretation, applicability, or enforceability of the binding arbitration agreement set forth in this limited Bedding Warranty.

8.4 Notice; Process. A party who intends to seek Arbitration must first send a written notice of the Dispute to the other party by U.S. Mail or electronic mail (“Notice”). Sonu Sleep’s address for Notice is: 8033 W Sunset Blvd #963, Los Angeles, CA 90046, or legal@SonuSleep.com. The Notice must: (a) describe the nature and basis of the Dispute; and (b) set forth the specific relief sought (“Demand”). You and Sonu Sleep will make good faith efforts to resolve the Dispute directly, but if you and Sonu Sleep do not reach an agreement to do so within 30 days after the Notice is received, you or Sonu Sleep may commence a small claims proceeding in Los Angeles County, California, USA subject to the jurisdiction of the small claims court. If you and Sonu Sleep do not resolve the Dispute through good faith efforts or a small claims action, you agree that the Dispute will be resolved exclusively in an Arbitration proceeding. During the Arbitration, the amount of any settlement offer made by you or Sonu Sleep must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the Dispute is finally resolved through Arbitration in your favor, Sonu Sleep will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Sonu Sleep in settlement of the Dispute prior to the arbitrator’s award; or (iii) $1,000.

8.5 Procedures; Fees. Except as otherwise set forth in this limited Bedding Warranty, if you commence Arbitration in accordance with the terms of this limited Bedding Warranty, Sonu Sleep will reimburse you for your payment of the filing fee, unless your Demand is for more than $10,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, USA, but if the Demand is for $10,000 or less, you may choose whether the Arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; or (b) through a non-appearance based telephone hearing. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Sonu Sleep for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the Arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

8.6 Arbitration. Any Arbitration proceeding shall be initiated and administered in Los Angeles County, California, USA (unless you and Sonu Sleep mutually agree to have such Arbitration proceeding in some other locale) by AAA and in accordance with the then current AAA Rules. The Arbitration shall be administered by one (1) arbitrator selected in accordance with the then current AAA Rules, and the arbitrator shall determine the exact time and location of the Arbitration. The arbitrator shall apply Delaware substantive law, or federal substantive law where state law is preempted. Subject to the terms and conditions of this limited Bedding Warranty, the arbitrator shall have the power to award damages to you individually, and may award equitable or injunctive relief to you individually. The arbitrator shall prepare in writing and provide to the parties an award including factual findings and the legal reasons on which the award is based, which may be entered in any court of competent jurisdiction. If Sonu Sleep is the prevailing party in any Arbitration hereunder, we shall seek an award of our reasonable attorneys’ fees, costs and any other expenses incurred directly or indirectly in connection with the Arbitration, including without limitation the fees and expenses of the arbitrator.

8.8 Modifications to Arbitration Provision. If Sonu Sleep makes any future change to the Arbitration provisions set forth above in this limited Bedding Warranty, other than a change to Sonu Sleep’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Sonu Sleep’s address for Notice, in which case this Section VIII, as in effect immediately prior to the changes you rejected, will continue to govern any Disputes between you and Sonu Sleep.

8.9 Enforceability. If Section 8.7 (No Class Actions) is found to be unenforceable, then such Section 8.7 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below in Section 8.10 (Choice of Law; Venue) will govern any action arising out of or related to this limited Bedding Warranty or your use of the Bedding.

8.10 Choice of Law; Venue. This limited Bedding Warranty will be governed and construed in accordance with the laws of the State of Delaware. In the event of any Dispute arising out of or in connection with this limited Bedding Warranty or your use of the Bedding that is submitted to court, then you and Sonu Sleep agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Los Angeles County, California, USA. You agree to waive and hereby do waive any objections and defenses you may have to such jurisdiction and venue.

8.11 Statute of Limitations. To the fullest extent permitted by applicable law, any claim or Dispute under this limited Bedding Warranty must be filed during the Warranty Period and within one (1) year of the event giving rise to the claim or Dispute in small claims court, an Arbitration proceeding, or in court, to the extent such claim or Dispute is permitted hereunder. This one-year period commences on the earliest date the claim could be filed under applicable law. If a claim or Dispute is not filed within such one-year period, it is permanently barred to the maximum extent permitted by applicable law.

Sonu Sleep 1 Year Limited Pillow Warranty

When you buy a new Sonu Sleep pillow (including the top pillow, top pillow deluxe and comfort insert, herein “Pillow” and collectively, “Pillows”) Sonu Sleep Corporation (“Sonu Sleep”, “us” we” or “our”), your Pillow is covered by the terms of this 1 year limited pillow warranty (the “Pillow Warranty”). This limited Pillow Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

I. Products Covered by this Limited Pillow Warranty

This limited Pillow Warranty is only valid in connection with the original purchase of Pillows directly from Sonu Sleep, or an authorized retailer, for personal consumer use by original purchasers located in the United States (not including U.S. territories). This limited Pillow Warranty does not cover Pillows purchased from any unauthorized third party.

Our Pillows are custom designed for use with Sonu Sleep’s Mattress. This limited Pillow Warranty does not cover your Pillow if you use it in a manner incompatible with that intended design. Additionally, please note that this limited Pillow Warranty does not cover any channel pillows that fill the negative space in Sonu Sleep’s Mattress.

II. Eligibility

This limited Pillow Warranty is only valid for the original purchaser of any support Pillow who is located in the United States (not including US territories).

Sonu Sleep product purchased from resellers are not authorized by Sonu Sleep, therefore are not covered by our warranty terms.

Warranty coverage will be voided if the product leaves the permitted shipping zones, since we do not ship outside of these locations.

III. Sonu Sleep's Limited Pillow Warranty and Our Responsibilities

This limited Pillow Warranty covers manufacturing defects in the material and workmanship of the Pillow described in Section IV below (“Defects”, and individually, a “Defect”), for any new support Pillow that is sold directly to you in its original packaging by Sonu Sleep, or an authorized retailer, for a period of one (1) year from the original date of the purchase of your support Pillow (the “Warranty Period”), subject to the conditions that the support Pillow is used properly and normally for its intended personal consumer use and the other terms, conditions and limitations set forth herein.

Subject to the terms and limitations described in this limited Bedding Warranty, Sonu Sleep warrants that during the one-year Warranty Period, Sonu Sleep will, at Sonu Sleep’s option, replace or repair any support Pillow with any covered manufacturing Defect. Any repaired or replacement support Pillow will not include a new warranty. Rather, the repaired or replacement Pillow will be covered by the limited Pillow Warranty provided by Sonu Sleep on the date of your original purchase of the Pillow until the completion of the remaining Warranty Period.

IV. Defects Covered by this Limited Pillow Warranty

This limited Pillow Warranty covers Defects due to faulty workmanship or materials in the Pillow, subject to the terms, conditions and limitations described in this limited Pillow Warranty.

Without limiting the foregoing, this limited Pillow Warranty does not cover any of the following:

Personal opinions or preferences regarding the softness, firmness or attributes of a Pillow.
Physical abuse or damage of the Pillow, including but not limited to, burns, cuts, tears, damage from liquids or gels or blood or bodily fluids or other fluids, insect damage or other infestation, rodents, stains, mold, mildrew growth or damage from weather or sun exposure.
Channel pillows designed to occupy the negative space in Sonu Sleep’s Mattresses.
Normal increases in softening and settling of materials, or any other normal wear and tear
Any Pillow purchased from any third party.
Any Pillow purchased by any individual or entity outside of the United States, or any individual or entity in the United States territories.
Pillow sold as “final sale” or has previously been purchased or used by another consumer.
Allergies or sensitivities to fabrics or materials incorporated into the Pillow.

In the event of a Defect covered under this limited Pillow Warranty, Sonu Sleep’s sole and exclusive liability and your sole remedy under this limited Pillow Warranty will be, at Sonu Sleep’s option, to provide a repaired or replacement Pillow, subject to your fulfillment of “Purchaser Responsibilities” below and the other terms and conditions set forth in this limited Pillow Warranty.

V. Purchaser Responsibilities

In the event of a Defect in your Pillow, and in order to get the benefit of this limited Pillow Warranty, you must return your Pillow to Sonu Sleep, or an authorized retailer, and provide Sonu Sleep with proof of the original date of purchase. Any transportation or shipping costs associated with a repair or replacements are the purchaser’s responsibility.

A brief description of the Defect and photos or other evidence of the Defect and any claims must be sent to the address set forth in Section VII of this limited Pillow Warranty.

Once we receive your Pillow and confirm that they are covered by our limited Pillow Warranty, Sonu Sleep will repair or replace (as applicable) and ship your repaired or replacement Pillow. Any to-or-from transportation handling and costs and inspection costs associated with repairs or replacements are the responsibility of the purchaser. Replaced or repaired Pillows are subject to the same limited Pillow Warranty as the original Pillows. If you obtain a replaced or repaired Pillow, the warranty term of the replaced or repaired Pillow begins from the date of purchase of the original Pillow.

VI. Disclaimer of Warranties; Limitation of Sonu Sleep’s Liability

EXCEPT AS OTHERWISE PROVIDED IN THIS PILLOW WARRANTY, AND TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SUPPORT PILLOW IS PROVIDED “AS IS” AND WITHOUT ANY OTHER REPRESENTATIONS OR WARRNATIES, EXPRESS OR IMPLIED, AND THIS LIMITED Bedding WARRANTY PROVIDES OUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THE WARRANTY DESCRIBED IN THIS LIMITED PILLOW WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED PILLOW WARRANTY, IN NO EVENT WILL SONU SLEEP OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE SUPPORT PILLOWS OR THE USE OR HANDLING OF THE SUPPORT PILLOWS BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF SONU SLEEP HAS BEEN ADVISED OF SUCH DAMAGES IN ADVANCE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THIS LIMITED PILLOW WARRANTY IS A REPAIR OR REPLACEMENT OF THE PILLOW AS SET FORTH HEREIN. SONU SLEEP’S MAXIMUM TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PILLOW GIVING RISE TO SUCH LIABILITY.

WITHOUT LIMITING ANYTHING CONTAINED IN THIS LIMITED PILLOW WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SONU SLEEP OR ITS SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY REPAIRS OR REPLACEMENTS OF ANY PILLOWS OR ANY OTHER DAMAGES OR LIABILITIES IN CONNECTION WITH ANY IMPROPER USE OR HANDLING OF THE PILLOWS OR ANY OTHER DAMAGES OR LIABILITIES IN CONNECTION WITH ANY CHANNEL PILLOWS. ANY SUCH IMPROPER USE OR HANDLING OF THE SUPPORT PILLOWS WILL AUTOMATICALLY VOID THIS LIMITED PILLOW WARRANTY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IF YOUR PURCHASE OF THE SUPPORT PILLOW WAS NOT DIRECTLY FROM SONU SLEEP, OR IF YOU PURCHASED THE PILLOW FROM ANY UNITED STATES TERRITORIES OR ANYWHERE OUTSIDE OF THE UNITED STATES, THEN YOU TAKE SUCH PURCHASE “AS IS” AND SUCH PURCHASE WILL AUTOMATICALLY VOID THIS LIMITED PILLOW WARRANTY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHANNEL PILLOWS ARE PROVIDED “AS IS” AND WITHOUT ANY OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED.

VII. How to Submit a Claim under this Limited Pillow Warranty

To submit a claim under this limited Pillow Warranty, please email the following to warranty@SonuSleep.com:

A brief description of the alleged Defect.
Original proof of purchase (including date) by the original purchaser
Photo(s) documenting the alleged Defect
This warranty document

Following our receipt of your warranty claim, you will receive a response from us within 10-14 business days.

VIII. Dispute Resolution

8.1 Generally. As used in this Section VIII, the term “Dispute” means any dispute, disagreement, or other controversy between you and Sonu Sleep concerning your Pillows or this limited Pillow Warranty. In the interest of resolving Disputes between you and Sonu Sleep in the most expedient and cost-effective manner, you and Sonu Sleep agree that any Disputes between you and Sonu Sleep arising out of or in any way related to this limited Pillow Warranty or your use of the Pillows will be resolved by binding arbitration (“Arbitration”) in accordance with the terms of this Section VIII. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all Disputes arising out of or in any way related to this limited Pillow Warranty or your use of the Pillow, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a Dispute arises during or after the end of the Warranty Period for your Pillows. YOU UNDERSTAND AND AGREE THAT YOU AND SONU SLEEP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

8.2 Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in this limited Pillow Warranty will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

8.3 Arbitrator. Any Arbitration between you and Sonu Sleep will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Sonu Sleep. The arbitrator has exclusive authority to resolve any Disputes relating to the interpretation, applicability, or enforceability of the binding arbitration agreement set forth in this limited Pillow Warranty.

8.4 Notice; Process. A party who intends to seek Arbitration must first send a written notice of the Dispute to the other party by U.S. Mail or electronic mail (“Notice”). Sonu Sleep’s address for Notice is: 8033 W Sunset Blvd #963, Los Angeles, CA 90046, or legal@SonuSleep.com. The Notice must: (a) describe the nature and basis of the Dispute; and (b) set forth the specific relief sought (“Demand”). You and Sonu Sleep will make good faith efforts to resolve the Dispute directly, but if you and Sonu Sleep do not reach an agreement to do so within 30 days after the Notice is received, you or Sonu Sleep may commence a small claims proceeding in Los Angeles County, California, USA, subject to the jurisdiction of the small claims court. If you and Sonu Sleep do not resolve the Dispute through good faith efforts or a small claims action, you agree that the Dispute will be resolved exclusively in an Arbitration proceeding. During the Arbitration, the amount of any settlement offer made by you or Sonu Sleep must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the Dispute is finally resolved through Arbitration in your favor, Sonu Sleep will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Sonu Sleep in settlement of the Dispute prior to the arbitrator’s award; or (iii) $1,000.

8.5 Procedures; Fees. Except as otherwise set forth in this limited Pillow Warranty, if you commence Arbitration in accordance with the terms of this limited Pillow Warranty, Sonu Sleep will reimburse you for your payment of the filing fee, unless your Demand is for more than $10,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles, California, USA, but if the Demand is for $10,000 or less, you may choose whether the Arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; or (b) through a non-appearance based telephone hearing. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Sonu Sleep for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the Arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

8.6 Arbitration. Any Arbitration proceeding shall be initiated and administered in Los Angeles County, California, USA (unless you and Sonu Sleep mutually agree to have such Arbitration proceeding in some other locale) by AAA and in accordance with the then current AAA Rules. The Arbitration shall be administered by one (1) arbitrator selected in accordance with the then current AAA Rules, and the arbitrator shall determine the exact time and location of the Arbitration. The arbitrator shall apply Delaware substantive law, or federal substantive law where state law is preempted. Subject to the terms and conditions of this limited Pillow Warranty, the arbitrator shall have the power to award damages to you individually, and may award equitable or injunctive relief to you individually. The arbitrator shall prepare in writing and provide to the parties an award including factual findings and the legal reasons on which the award is based, which may be entered in any court of competent jurisdiction. If Sonu Sleep is the prevailing party in any Arbitration hereunder, we shall seek an award of our reasonable attorneys’ fees, costs and any other expenses incurred directly or indirectly in connection with the Arbitration, including without limitation the fees and expenses of the arbitrator.

8.8 Modifications to Arbitration Provision. If Sonu Sleep makes any future change to the Arbitration provisions set forth above in this limited Pillow Warranty, other than a change to Sonu Sleep’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Sonu Sleep’s address for Notice, in which case this Section VIII, as in effect immediately prior to the changes you rejected, will continue to govern any Disputes between you and Sonu Sleep.

8.9 Enforceability. If Section 8.7 (No Class Actions) is found to be unenforceable, then such Section 8.7 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly below in Section 8.10 (Choice of Law; Venue) will govern any action arising out of or related to this limited Pillow Warranty or your use of the Pillows.

8.10 Choice of Law; Venue. This limited Pillow Warranty will be governed and construed in accordance with the laws of the State of Delaware. In the event of any Dispute arising out of or in connection with this limited Pillow Warranty or your use of the Pillows that is submitted to court, then you and Sonu Sleep agree to submit to the personal and exclusive jurisdiction and venue of the state and federal courts located within Los Angeles County, California, USA. You agree to waive and hereby do waive any objections and defenses you may have to such jurisdiction and venue.

8.11 Statute of Limitations. To the fullest extent permitted by applicable law, any claim or Dispute under this limited Pillow Warranty must be filed during the Warranty Period and within one (1) year of the event giving rise to the claim or Dispute in small claims court, an Arbitration proceeding, or in court, to the extent such claim or Dispute is permitted hereunder. This one-year period commences on the earliest date the claim could be filed under applicable law. If a claim or Dispute is not filed within such one-year period, it is permanently barred to the maximum extent permitted by applicable law.

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