By participating in Mattress Firm alerts or otherwise providing your mobile telephone number to Mattress Firm to receive any promotional, marketing, or advertising text/SMS messaging, you are agreeing to receive recurring, autodialed marketing, advertising and promotional text/SMS messages from Mattress Firm, Inc. (the “Company”) and from its affiliates and service providers, on the Company’s behalf, at the mobile number provided at opt-in. Consent is not a condition of purchase. Message and data rates may apply. If you would like to be removed from the Mattress Firm promotional alert list, you must text STOP to 766693 to opt-out. This is the exclusive method for opting out. After texting STOP to 766693 you will receive one additional message confirming that your request has been processed. Text HELP to 766693 for help.
By providing your mobile phone number to Mattress Firm in connection with any purchase of products or services from Mattress Firm, you expressly consent to receive recurring automated text messages from the Company and from its affiliates and service providers, on the Company’s behalf, to the phone number that you provided; such text messages may contain pre-recorded messages for transactional or informational purposes including confirming your order, providing you with order updates, delivery tracking and related updates, and surveying your guest experience. Such messages are solely for non-promotional/non-advertising related contact. Standard message and data rates may apply and message frequency may vary. Text STOP to 63476 stop or reply HELP for help.
You may receive several messages per month; however you understand that frequency of messages may vary and that the Company may alter message frequency at any time.
View our privacy policy by visiting: https://www.mattressfirm.com/privacy-policy.html
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights.
Any dispute or claim relating in any way to your participation regarding Mattress Firm’s promotional text alerts or other text messaging will be resolved by binding arbitration, rather than court.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and BRAND hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and the Company agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award are final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND THE COMPANY ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND BRAND AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and the Company are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
Changes to Additional Contract Terms
Limitation of Liability
The Company is not responsible, and will not be liable, for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees arising out of or relating to your participation in Mattress Firm’s marketing SMS/test messaging service.
Applicable Law
Except as otherwise provided herein, your use of text messages from or on behalf of the Company under this Agreement is governed by the laws of the State of Texas.
Severability
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
Changes to Terms
The Company may make changes to these terms and conditions at any time without notice.
By providing your mobile phone number to Mattress Firm in connection with any purchase of products or services from Mattress Firm, you expressly consent to receive recurring automated text messages from the Company and from its affiliates and service providers, on the Company’s behalf, to the phone number that you provided; such text messages may contain pre-recorded messages for transactional or informational purposes including confirming your order, providing you with order updates, delivery tracking and related updates, and surveying your guest experience. Such messages are solely for non-promotional/non-advertising related contact. Standard message and data rates may apply and message frequency may vary. Text STOP to 63476 stop or reply HELP for help.
You may receive several messages per month; however you understand that frequency of messages may vary and that the Company may alter message frequency at any time.
View our privacy policy by visiting: https://www.mattressfirm.com/privacy-policy.html
Arbitration and Class Action Waiver
Please read this carefully. It affects your rights.
Any dispute or claim relating in any way to your participation regarding Mattress Firm’s promotional text alerts or other text messaging will be resolved by binding arbitration, rather than court.
If any term of this Section (Arbitration and Class Action Waiver) is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and BRAND hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and the Company agree otherwise in writing, arbitration shall be administered by the American Arbitration Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration (the “AAA’s Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this Agreement, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the AAA’s Rules. The arbitration decision and award are final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND THE COMPANY ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND BRAND AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and the Company are each responsible for our respective costs relating to counsel, experts, and witnesses, as well as any other costs relating to the arbitration.
This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
Changes to Additional Contract Terms
Limitation of Liability
The Company is not responsible, and will not be liable, for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees arising out of or relating to your participation in Mattress Firm’s marketing SMS/test messaging service.
Applicable Law
Except as otherwise provided herein, your use of text messages from or on behalf of the Company under this Agreement is governed by the laws of the State of Texas.
Severability
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
Changes to Terms
The Company may make changes to these terms and conditions at any time without notice.