Terms of Service

TERMS OF SERVICE OVERVIEW

Last reviewed January 22, 2026
Please read these Terms of Service (the “Terms” or “Agreement”) carefully before accessing or using www.nestbedding.com (the “Site”), which is owned and operated by Nest Bedding (“Nest Bedding,” “we,” “us,” or “our”).
These Terms govern your access to and use of the Site, including any content, functionality, products, services, and features offered through the Site.
By accessing, browsing, or using the Site in any manner, including without limitation visiting, viewing content, or making a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must not access or use the Site.
Capitalized terms used but not otherwise defined in these Terms have the meanings assigned to them within this Agreement.

WEB ACCESSIBILITY STATEMENT

Nest Bedding is committed to making our website's content accessible and user-friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at 888-992-2001 or email our team at customerservice@nestbedding.com with “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement.  We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user-friendly. Click or navigate here to access Nest Bedding's Web Accessibility Disclosure. Nest Bedding is continually working to improve the accessibility of its website and to conform with applicable accessibility standards.

PRICING TRANSPARENCY

Nest Bedding is committed to transparency in its pricing and promotional practices. Prices displayed on product pages represent our current pricing and may or may not reflect past pricing for the same product. We do not guarantee that any “compare at” or “reference” prices (if displayed) reflect a former price at which the product was offered within a specific timeframe.

STRIKE-THROUGH PRICING DISCLAIMER: Where a strikethrough price or reference price is displayed alongside a discounted or promotional price, the strikethrough amount represents a manufacturer's suggested retail price (MSRP) or an estimated value based on comparable market offerings. It does not necessarily indicate a former price at which the item was sold, nor does it imply that the product was offered at that price within the preceding 90 days unless explicitly stated. Reference prices are provided for comparative and marketing purposes only. Nest Bedding maintains reasonable documentation supporting the basis for any reference price displayed, which may include MSRP information from the manufacturer, or substantiation for any estimated comparative value based on comparable products available in the market at the time the reference price is displayed.
PROMOTIONAL DISCOUNTS AND CODES: From time to time, Nest Bedding may offer promotional pricing or discount codes that are redeemable at checkout. These codes are valid only during the promotion period stated and are subject to change or cancellation at Nest Bedding’s sole discretion. Only one code may be used per order unless otherwise stated. Promotional pricing may vary across products, timeframes, and sales channels and may not be available in all stores or regions.
LIMITATIONS OF PROMOTIONS: Nest Bedding reserves the right to limit promotional pricing, offers, and discounts to specific items, quantities, or customers. We also reserve the right to end or modify any promotion without prior notice. Offers cannot be applied retroactively to past purchases.

INTELLECTUAL PROPERTY

The website, including all original content, features, functionality, designs, text, graphics, images, videos, software, and other materials made available through the Site, is owned by or licensed to Nest Bedding and is protected by applicable United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws.
Nothing in these Terms grants you any right, title, or interest in or to any intellectual property owned or controlled by Nest Bedding, except for the limited license expressly granted to use the Site in accordance with these Terms.
All rights not expressly granted are reserved by Nest Bedding.

TERMINATION

Nest Bedding reserves the right, in its sole discretion, to suspend or terminate your access to the Site at any time, with or without notice, for any reason, including for violation of these Terms.
Termination of access may result in the loss of access to any information or content associated with your use of the Site. Nest Bedding shall not be liable for any such loss.

SURVIVAL

All provisions of these Terms that, by their nature, should survive termination shall survive, including but not limited to provisions relating to intellectual property, warranty disclaimers, limitation of liability, indemnification, governing law, arbitration, class action waiver, and any other provisions intended to survive termination.

CANCELLATIONS

To request cancellation of a Nest Bedding order, customers must contact Nest Bedding Customer Service within twenty-four (24) hours of placing the order. Cancellation requests submitted after this timeframe may not be eligible for cancellation, as the order may have already entered processing or shipment.

Cancellation requests may be submitted by:

• Emailing customerservice@nestbedding.com, or
  
• Contacting the Nest Bedding retail store where the purchase was made, if applicable.

Shipped or In-Transit Orders

Orders that have already shipped or are in transit at the time a cancellation request is received may be subject to return-to-sender fees, which will be deducted from the refund once the returned item is received and processed.

Applicable return-to-sender fees include:

• $100 for mattresses and furniture
  
• $10 for non-mattress, non-furniture, or smaller goods

Additional return-to-sender fees may apply for orders shipped to Alaska, Hawaii, or Canada, depending on carrier and shipping requirements.
Refunds, if applicable, will be issued after the returned product is received and inspected in accordance with Nest Bedding’s return and refund policies.

Unless otherwise expressly stated in writing, title and risk of loss pass to the customer when the product is delivered to the carrier at the applicable ship-from location, including Nest Bedding’s warehouse or an approved third-party manufacturer, vendor, or logistics partner.

REFUNDS

Once a returned product has been received, inspected, and evaluated by Nest Bedding, and confirmed to be eligible for return under these Terms, Nest Bedding will determine whether a refund is approved.
Approval of a refund is conditioned upon Nest Bedding’s verification that the returned product:

• Is undamaged, sanitary, and free from contamination, including but not limited to stains, odors, bodily fluids, pests, or unsanitary conditions (including but not limited to bodily fluids, pest exposure, mold, or strong odors)
  
• Is in substantially the same condition in which it was originally shipped, excluding normal packaging wear; and
  
• Fully complies with all applicable return eligibility requirements set forth in these Terms, including condition standards, timeframes, support requirements (where applicable), and any disclosed exclusions.

Approved refunds are issued only to the original form of payment used at the time of purchase and are subject to applicable non-refundable fees, return shipping charges, disposal costs, promotional adjustments, or other deductions as disclosed in these Terms.
Disposal and recycling costs may vary based on geographic location, service availability, and third-party provider pricing.
Nest Bedding does not issue refunds in the form of cash or store credit.
If the original payment method is no longer valid, unavailable, or has been closed (for example, a canceled credit card), Nest Bedding may require reasonable verification of such closure for fraud-prevention purposes prior to issuing any refund.
Upon verification, Nest Bedding will issue the refund using an alternative electronic or check-based refund method, selected by Nest Bedding in a commercially reasonable manner, which may include electronic payment where available, or a refund check mailed to the verified billing address.
Approved refunds are typically processed within five (5) to ten (10) business days after approval. Actual posting times may vary depending on the customer’s financial institution. Timeframes for alternative refund methods may vary and will be communicated during the refund process.

RETURNS AND EXCHANGES

Mattress Returns

Nest Bedding mattresses are eligible for return for comfort-related reasons only, subject to the following conditions and limitations.

Eligibility Requirements

• A mandatory thirty (30) night adjustment period is required before a return request may be initiated.
  
• Return requests must be submitted within three hundred sixty-five (365) nights from the mattress delivery date.
  
• The 365-night sleep trial applies once per mattress per calendar year and may not be extended, paused, restarted, or transferred.
  
• Mattresses returned after being opened and used within the initial 30-night period may be subject to deduction of the actual, reasonable disposal or recycling costs incurred by Nest Bedding or its service partners, which will be deducted from any approved refund.

Mattress Condition & Support Requirements

To be eligible for return, the mattress must, at Nest Bedding’s determination:
Be in donatable condition, free from stains, rips, tears, odors, contamination, or unsanitary conditions;
Have all law labels intact, legible, and affixed to the mattress; and
Have been used continuously with a compliant support system throughout the trial period.

Where applicable, Nest Bedding may deny a return, exchange, or warranty claim if the support system used is improper or non-compliant and is determined to have caused or contributed to the reported issue, including sagging, structural deformation, or performance concerns. Use of any of the following voids all return, exchange, and warranty privileges:

• Flexible foundations or adjustable systems not designed or rated for mattress use
  
• Bowed, sprung, curved, or flexing slats, including so-called “euro slats”
  
• Traditional box springs or foundations that do not provide rigid, flat support
  
• Slatted foundations with slat spacing greater than four (4) inches

Nest Bedding reserves the right to request photographic documentation of:

• The mattress (top and bottom)
  
• Both sides of the law label
  
• The mattress support system

Return eligibility may be denied or deferred until compliance with support requirements is verified.

Mattress Return Process

Once a return is approved, Nest Bedding will arrange for donation, disposal, or pickup, depending on service availability in the customer’s area. Available return methods may vary and may be subject to additional fees.
A valid donation or disposal receipt must be submitted to Nest Bedding before any refund is issued.

In-home removal and pickup services are not guaranteed in all geographic areas. Service availability may vary based on location, access, and logistics. Where in-home removal is unavailable or commercially unreasonable, Nest Bedding may fulfill its obligations by providing customers with access to approved local recycling or disposal options. Optional in-home removal services, where available, may be offered for an additional fee.

Exterior Damage Policy

Any exterior damage to the mattress, including but not limited to stains, rips, tears, pest or bedbug presence, or other contamination, voids all return privileges. These conditions are considered unrelated to comfort and are not eligible for return consideration.

Mattresses Excluded from the 365-Night Sleep Trial

The following mattresses are not eligible for the 365-Night Sleep Trial and must be returned within thirty (30) days of delivery to qualify for a return:
Puffin mattress (formerly BKB)
Lark mattress

Kid’s & Baby Mattresses

Kid’s and baby mattresses, including the Puffin and Lark models, are not eligible for extended sleep trials.
Returns for these products must be requested within thirty (30) days of delivery to be eligible for return consideration. All return requests are subject to Nest Bedding’s return approval process and applicable condition, hygiene, and support requirements set forth in these Terms.
Products that are damaged, unsanitary, or otherwise fail to meet return eligibility requirements are not eligible for return or refund.

Mattress Exchanges

Subject to these Terms, Nest Bedding offers a Comfort Exchange for eligible mattresses within three hundred sixty-five (365) days after delivery, provided that at least thirty (30) days have passed since delivery to allow for an adjustment period.

Only one (1) exchange is permitted per mattress. Any exchange does not restart, extend, or otherwise modify the original three hundred sixty-five (365)-night trial period. 

If the mattress includes a zippered comfort layer, the exchange itself is provided at no additional charge; however, any shipping charges, where applicable, are non-refundable. Nest Bedding may deny an exchange request for any mattress that is damaged, abused, stained, or otherwise deemed destroyed.

To begin an exchange, you must contact customerservice@nestbedding.com. If an exchange request is not completed within thirty (30) days after it is initiated, a new request may be required. Once the replacement mattress or layer has been received, the original item may be returned for a refund of the original purchase price, subject to these Terms. Customers are responsible for applicable shipping charges for exchanges involving Alaska, Hawaii, and Canada.

The Comfort Exchange does not apply to Puffin, Lark, or Stork mattresses, or to promotional giveaway items.

Lifetime Renewal Exchange

Effective October 21, 2021, Nest Bedding offers a Lifetime Renewal Exchange (“LRE”) for the Sparrow Signature Hybrid, Owl Natural Latex Hybrid, and Finch All Latex mattresses. The LRE allows for a one-time replacement of the Firm, Medium, or Soft Plush comfort layer contained within the mattress’s zippered top. The LRE is available only for qualifying mattress purchases made on or after October 21, 2021, is limited to one (1) use per qualifying mattress, and is non-transferable.

If you exchange your mattress for the same or a different model during the original three hundred sixty-five (365)-day trial period, that exchange will count as your use of the LRE. No additional LRE will apply to the replacement mattress, and you will not be eligible for another LRE with respect to that replacement mattress.

Pillow Returns

Nest Bedding pillows may be returned within thirty (30) nights of delivery, subject to return approval and the conditions outlined below.

To be eligible for return, pillows must:

• Be returned in original Nest Bedding packaging; and
  
• Meet all applicable condition and hygiene requirements set forth in these Terms.

Pillow Exchanges

One (1) pillow exchange per order is provided at no cost. Nest Bedding may, at its discretion, offer additional fill, removal guidance, or adjustment support prior to approving an exchange or return in an effort to improve comfort and fit.

Pillow Refunds

Approved pillow returns for refund are subject to a $10 return shipping fee, which will be deducted from the refund amount.
The return shipping fee is waived for pillows that are determined by Nest Bedding to be damaged or defective upon arrival.

Bedding Returns

(Sheet Sets, Mattress Protectors, Duvet Covers, Comforters, Blankets)
Bedding products may be returned within thirty (30) days of delivery, subject to return approval and compliance with the conditions outlined below.

To be eligible for return, bedding items must:

• Be returned in original Nest Bedding packaging; and
  
• Meet all applicable condition, hygiene, and care requirements set forth in these Terms.
  

Bedding Exchanges

One (1) exchange per order is provided at no cost.

Bedding Refunds

Approved bedding returns for refund are subject to a $10 return shipping fee, which will be deducted from the refund amount.
The return shipping fee is waived for items determined by Nest Bedding to be damaged or defective upon arrival.

Sleep Accessories Returns

(Including sleep masks, aromatherapy products, laundry care items, apparel, and similar goods)
Sleep Accessories may be returned within thirty (30) days of delivery, subject to return approval and compliance with the conditions outlined below.

To be eligible for return, Sleep Accessories must:

• Be unused; and
  
• Be returned in original Nest Bedding packaging.

Sleep Accessories Exchanges

One (1) exchange per order is provided at no cost.

Sleep Accessories Refunds

Approved Sleep Accessories returns for refund are subject to a $10 return shipping fee, which will be deducted from the refund amount.
The return shipping fee is waived for items determined by Nest Bedding to be damaged or defective upon arrival.

Pet Bed Returns

Pet Beds may be returned within thirty (30) days of delivery, subject to return approval and the conditions outlined below.

To be eligible for return, Pet Beds must:

• Be unused and unlaundered; and
  
• Be returned in original Nest Bedding packaging.

Pet Bed Exchanges

One (1) Pet Bed exchange is provided at no cost.

Pet Bed Refunds

Approved Pet Bed returns for refund are subject to a $10 return shipping fee, which will be deducted from the refund amount.
The return shipping fee is waived for Pet Beds determined by Nest Bedding to be damaged or defective upon arrival.

Furniture Returns & Delivery Damage Claims

All furniture items, including but not limited to bed frames, foundations, adjustable bases, nightstands, dressers, and chests, are final sale and are not eligible for return once delivered or received.
Customers are required to inspect all furniture items upon delivery. Any visible damage, missing components, or delivery-related issues must be reported to Nest Bedding within five (5) business days of delivery, or within five (5) business days of discovery during reasonable unpacking and inspection, whichever occurs first, and in all cases no later than ten (10) business days after delivery.
Failure to notify Nest Bedding of delivery-related damage within this five (5) business day period will result in the order being deemed accepted as delivered, and the sale will be treated as final, with no eligibility for return, replacement, repair, or refund.
Damage resulting from use, assembly, installation, or handling after delivery, or damage reported outside the required notification period, is not considered shipping damage and is not eligible for return, refund, or exchange.
Nest Bedding reserves the right to request photographic documentation of the product, packaging, and delivery condition to evaluate damage claims and coordinate with the carrier or manufacturer where applicable.

Refund Processing

Once return eligibility has been confirmed and all required documentation has been received, refunds are processed in accordance with the Refunds section of these Terms.
Approved refunds are typically issued within five (5) to ten (10) business days after approval and are applied to the original payment method, where applicable. Actual posting times may vary depending on the customer’s financial institution.

MATTRESS LIMITED LIFETIME WARRANTY

Mattress Warranty Overview

Nest Bedding (“Nest Bedding,” “we,” “us”) provides the original purchaser (“you”) with a Limited Lifetime Warranty against certain manufacturing defects for as long as the original purchaser owns the mattress, under normal residential use and conditions.
This warranty is intended to cover manufacturing defects in materials and workmanship, and does not cover changes resulting from extended use, normal material softening, or natural material fatigue.
In the event a covered defect is confirmed, Nest Bedding will, at its option, repair or replace the mattress with a current comparable model and size.

Mattress Warranty Eligibility

This Limited Lifetime Warranty applies only to the original purchaser of a Nest Bedding mattress purchased directly from Nest Bedding or from an Authorized Retailer.
For purposes of this warranty, an “Authorized Retailer” means a third party that has been expressly approved by Nest Bedding to sell new, unused Nest Bedding mattresses through a sales transaction authorized and recognized by Nest Bedding, with Nest Bedding identified as the seller of record or otherwise expressly approving the transaction for warranty eligibility.
Mattresses displayed or demonstrated in physical locations, showrooms, or affiliate locations that route purchases through Nest Bedding’s website or checkout system are considered purchases made directly from Nest Bedding for warranty purposes.
This warranty is non-transferable, applies only to the original purchaser, and applies only to mattresses used for normal residential purposes.
Mattresses that are used primarily or regularly for commercial, institutional, rental, or hospitality purposes are not eligible for warranty coverage.

Proper Support Requirements (Required for Warranty Coverage)
To maintain warranty eligibility, the mattress must be continuously supported by a proper, structurally sound foundation or base from the date of delivery through the submission and evaluation of any warranty claim.
A proper support system must be capable of maintaining the mattress in a flat, level position and preventing sagging, flexing, or deformation during normal residential use.
Approved support systems include:

• A solid platform foundation or slatted base with slats spaced no more than 4 inches apart
  
• For queen-size mattresses and larger, a bed frame with rigid center support that extends to and contacts the floor
  
• A structurally sound, adjustable base designed and rated for mattress use
  
• Placement directly on the floor, provided the surface is flat, level, dry, and structurally sound
  
  

The following support systems are considered improper and may result in the denial of warranty coverage:

• Bowed, flexing, sprung, or curved slats, including but not limited to so-called “euro slats.”
  
• Foundations, frames, or bases that allow the mattress to bend, hammock, dip, or sag
  
• Damaged, broken, unstable, or modified support systems
  
• Support systems that do not meet the spacing, rigidity, or center-support requirements outlined above

Damage, sagging, or indentations resulting from improper, inadequate, or non-compliant support systems are not manufacturing defects and are not covered under this Limited Lifetime Warranty.
Nest Bedding reserves the right to request photographs or other documentation of the mattress support system, including slat spacing and center support, as part of any warranty claim review.

What This Warranty Covers

This Limited Lifetime Warranty covers manufacturing defects in materials and workmanship that occur during normal residential use and conditions, including the following:

• Qualifying body impressions or sagging, as defined and evaluated under the Indentation & Sagging – Limited Lifetime Coverage section of this warranty.
  
• Manufacturing defects in the mattress cover or zipper, including zipper failure, fabric defects, or construction flaws, excluding damage caused by misuse, improper handling, improper care, forceful operation, or use inconsistent with product instructions.
  
• Physical flaws in materials or workmanship, such as seam unraveling, stitching defects, or fabric tearing, provided such issues are not the result of misuse, improper or inadequate support, external force, or normal wear and tear.
  
• Manufacturing defects in coil systems, including coils or wires that are loose, broken, detached, collapsed, or protruding through the mattress fabric, or other structural failures of the coil unit that occur during normal residential use and conditions.
  
• Exclusions related to coil feel or performance: Changes in feel, firmness, comfort, or support that occur without a clear structural or manufacturing failure of the coil system are not considered manufacturing defects and are not covered under this warranty.

Normal Wear & Tear (Not Covered)

All mattresses experience gradual changes over time as materials respond to regular use and normal loading. These changes are expected and do not constitute manufacturing defects.
The following conditions are considered normal wear and tear and are not covered under this Limited Lifetime Warranty:

• Changes in comfort preference or perceived firmness over time
  
• Minor or moderate body impressions that do not meet the warranty qualification thresholds
  
• Normal foam softening or compression resulting from regular use
  
• Material fatigue or performance changes that occur naturally with age and use

Normal wear and tear, as described above, is not covered under this warranty.

Indentation & Sagging – Limited Lifetime Coverage

Body impressions or sagging may be eligible for warranty review only when they are determined to be the result of a manufacturing defect in materials or workmanship, and not the result of normal wear and tear, improper use, or improper or inadequate support.
All mattresses naturally experience changes over time as materials respond to regular use, body weight, and normal loading patterns. As a result, indentation and sagging claims are evaluated based on the age of the mattress, compliance with support requirements, and the overall condition of the mattress.

Tiered Indentation Review Guidelines

Provided all other warranty conditions are met, indentations may qualify for warranty review as follows:

Years 1–5 from the delivery date

An indentation measuring greater than 2 inches may qualify for warranty review, subject to verification and evaluation under this warranty.

Years 6–10 from the delivery date

An indentation measuring greater than 2 inches may qualify for warranty review, but is subject to additional evaluation and determination by Nest Bedding. Review during this period takes into account expected material softening, usage history, and compliance with support system requirements.
As mattresses age, increasing degrees of material softening, contouring, and body impressions are expected and do not, by themselves, indicate a manufacturing defect. Indentations occurring after extended use are evaluated in the context of normal wear and tear, proper support, and overall structural integrity.

Exceeding 10 Years From Delivery

Mattresses that have been in use for more than 10 years are expected to exhibit significant material softening, compression, and performance changes as a result of normal aging and long-term use. These expected changes do not constitute manufacturing defects.
Warranty claims for mattresses exceeding 10 years from the delivery date are reviewed on a case-by-case basis and may be subject to heightened scrutiny. Eligibility for coverage is limited to clear, verifiable manufacturing defects in materials or workmanship and requires full compliance with all warranty conditions, including proper support and use.
The presence of sagging, body impressions, or comfort changes in a mattress exceeding 10 years of age does not, by itself, indicate a manufacturing defect or guarantee warranty coverage.

Important Notice

The presence of an indentation measuring 2 inches or greater, at any point during the life of the mattress, does not automatically constitute a manufacturing defect and does not guarantee warranty coverage, repair, or replacement. Meeting any measurement threshold qualifies the mattress for warranty review only.
Warranty claims involving indentation or sagging may require review and evaluation in coordination with Nest Bedding’s manufacturing partners. Certain defect determinations are subject to applicable manufacturer defect criteria, testing standards, and warranty guidelines. Nest Bedding reviews all claims in good faith based on the terms of this warranty, available documentation, and, where applicable, manufacturer input.
All warranty eligibility determinations and remedies are made based on compliance with all applicable warranty terms and conditions.

Indentation Measurement Standards

To be considered for warranty review, body impressions or sagging must be measured in accordance with the following conditions and procedures:

• All bedding, including mattress protectors, sheets, toppers, and pads, must be completely removed.
  
• The mattress must be fully unloaded, with no weight, pressure, or objects applied to the surface.
  
• The mattress must rest flat and undisturbed for a minimum of two (2) hours prior to measurement.
  
• A rigid, straight measuring device (such as a level or straightedge) must be placed horizontally across the surface of the mattress, spanning the area of the suspected indentation.
  
• The indentation measurement must be taken vertically from the bottom edge of the straightedge to the deepest point of the impression.

Nest Bedding may request photographic or video documentation to verify compliance with these measurement standards, including but not limited to:

• The measurement process and tools used, with both ends of the straightedge clearly visible within the image or video frame
  
• The mattress surface and visible impressions
  
• The mattress support system, including slat spacing and center support, where applicable

Failure to follow the required measurement procedures, provide clear documentation, or demonstrate compliance with support requirements may result in denial of the warranty claim.

Additional Clarifications

• Indentations or sagging resulting from improper, inadequate, or non-compliant support systems, including bowed or flexing slats (such as “euro slats”) or lack of required center support on queen-size mattresses or larger, are not covered under this warranty.
  
• Visible impressions or surface contouring alone do not indicate a manufacturing defect.
  
• Warranty eligibility, defect determination, and any applicable remedy are determined by Nest Bedding based on claim review, available documentation, manufacturer input where applicable, and compliance with all warranty terms and conditions.

Exclusions – Misuse & Improper Handling

This Limited Lifetime Warranty does not cover damage, defects, or conditions resulting from misuse, abuse, or improper handling of the mattress. Misuse or improper handling includes, but is not limited to, the following:

• Jumping on the mattress or subjecting it to sudden or excessive impact loading
  
• Standing on the mattress or applying concentrated body weight in a manner inconsistent with normal residential use
  
• Repeated or prolonged sitting on the mattress edge beyond the typical or intended use
  
• Use in commercial, institutional, rental, or hospitality environments
  
• Damage caused by pets, animals, rodents, or infestation
  
• Burns, cuts, stains, tears, liquid damage, or damage caused by prolonged exposure to body oils, perspiration, or other bodily fluids that compromise the mattress materials or structure
  
• Unsanitary conditions that adversely affect the mattress

Prolonged Compressed Storage

Nest Bedding mattresses are designed to be shipped in a compressed and packaged state for delivery purposes only and are not designed to be stored in a compressed or packaged condition for extended periods of time.
Failure to remove the mattress from its packaging and allow it to fully expand within 30 days of delivery may result in permanent material deformation, loss of structural integrity, or performance issues.
Damage, defects, or performance issues resulting from prolonged storage in a compressed or packaged state beyond 30 days from delivery are not manufacturing defects and are not covered under this Limited Lifetime Warranty.
Damage resulting from prolonged compressed storage is considered misuse or improper handling and is not covered under this warranty.

Zipper & Layer Access

Accessing the mattress layers through the zipper enclosure for adjustment, inspection, or comfort modification, when performed in accordance with product instructions, does not void this Limited Lifetime Warranty.
However, this warranty does not cover damage, defects, or conditions resulting from improper access, handling, or reassembly of mattress components, including but not limited to:

• Forceful or improper handling of internal components or materials
• Improper reassembly or incorrect placement of layers following access
• Removal, modification, or alteration of components not intended to be removed or adjusted by the customer
• Cleaning, care, or maintenance performed in a manner inconsistent with the provided product instructions

Damage resulting from improper access or handling, as described above, is not considered a manufacturing defect and is not covered under this warranty.

Warranty Remedy (Mattress)

If Nest Bedding determines that a mattress defect is covered under this Limited Lifetime Warranty, your sole and exclusive remedy is, at Nest Bedding’s option, the repair or replacement of the mattress with a current, comparable model and size.
If the original model or size is no longer available, Nest Bedding will provide the most comparable replacement product available at the time of approval.
Replacement mattresses do not include removal, setup, or disposal services. Unless otherwise required by applicable law, the customer is responsible for any costs associated with mattress removal or disposal. Any removal or disposal services, if offered, are subject to availability, location-based limitations, and additional fees.

Making a Warranty Claim – Mattresses

To initiate a mattress warranty claim, please contact Nest Bedding Customer Service and provide proof of purchase, including the order number or name of the original purchaser, and a detailed description of the issue being experienced. Clear photographs or video of the mattress, including:

• The mattress surface and any visible impressions or defects
  
• The law label attached to the mattress
  
• The mattress support system, including slat spacing and center support
  
• Indentation measurements performed in accordance with the Indentation
  Measurement Standards, where applicable

Upon receipt of the required information, Nest Bedding will review the submitted materials and may request additional documentation, clarification, or testing as part of the evaluation process.
Mattress warranty claims are reviewed and responded to within a reasonable timeframe, which may vary depending on the nature of the claim, the completeness of the information provided, the need for additional evaluation, and, where applicable, coordination with Nest Bedding’s manufacturing partners for defect determination.
Nest Bedding will communicate with the customer throughout the review process and provide updates or requests for additional information as needed to complete the claim evaluation.

Limitation of Liability

To the maximum extent permitted by applicable law, this Limited Lifetime Warranty is the sole and exclusive warranty provided by Nest Bedding with respect to the mattress. Except as expressly stated in this warranty, Nest Bedding makes no other warranties, express or implied.
Nest Bedding’s total liability under this Limited Lifetime Warranty shall not exceed the original purchase price paid for the mattress.
Some states do not allow limitations on the duration of implied warranties or the exclusion or limitation of incidental or consequential damages. Accordingly, certain limitations or exclusions set forth in this warranty may not apply to you, and you may have additional rights that vary from state to state.

TOP-OF-BED LIMITED WARRANTY

Top-of-Bed Warranty Overview

Nest Bedding (“Nest Bedding,” “we,” “us”) provides a Limited Warranty to the original purchaser (“you”) of select Top-of-Bed products purchased directly from Nest Bedding or an Authorized Retailer, when used under normal residential conditions and in accordance with product care instructions.
Warranty coverage periods are as follows:

• Pillows and Mattress Toppers: Two (2) years from the date of delivery
  
• Sheet Sets, Duvet Covers, Mattress Protectors, and Comforters: One (1) year from the date of delivery

This warranty is non-transferable and applies only to the original purchaser. Warranty replacements do not extend, restart, or renew any applicable sleep trial or warranty period.

Authorized Retailer

For purposes of this Top-of-Bed Limited Warranty, an “Authorized Retailer” means a third party expressly approved by Nest Bedding to sell new, unused Nest Bedding products through a transaction authorized and recognized by Nest Bedding.

What This Warranty Covers

This Limited Warranty covers manufacturing defects in materials and workmanship that occur during normal residential use and proper care, including the following, as applicable by product category.

Sheet Sets, Duvet Covers, and Mattress Protectors (1-Year Warranty)

• Defects in materials, including abnormal fraying or tearing under normal use
  
• Workmanship defects related to stitching, seams, or finishing
  
• Significant color fading when documented care and washing instructions are followed
  
• Failure of elastic components or button closures under normal residential use

Mattress Toppers (2-Year Warranty)

• Structural defects resulting in sagging or indentation greater than one (1) inch, when not caused by improper use or support
  
• Excessive foam crumbling or disintegration inconsistent with normal aging
  
• Manufacturing defects in zipper enclosures
  
• Failure of elastic corner straps under normal residential use

Pillows (2-Year Warranty)

• Manufacturing defects in zippers or zipper enclosures
  
• Defects in fill materials affecting the intended performance under normal use
  
• Stitching or seam defects not caused by misuse or improper care

Comforters (1-Year Warranty)

• Abnormal clumping or uneven fill distribution under normal residential use
  
• Material defects such as tearing or fraying not caused by misuse
  
• Stitching or seam defects under normal use

What Is Not Covered (Top-of-Bed Products)

This Limited Warranty does not cover damage, defects, or conditions resulting from normal wear and tear, misuse, abuse, improper handling, improper care, or conditions outside intended residential use. Exclusions include, but are not limited to:

• Unauthorized resale or purchases from non-authorized sellers
  
• Use of products in a manner inconsistent with their intended purpose
  
• Failure to follow care instructions, including washing, drying, and maintenance guidelines
  
• Alterations, modifications, or repairs not authorized by Nest Bedding
  
• Use in commercial, institutional, rental, or hospitality environments
  
• Burns, cuts, tears, liquid damage, or damage caused by prolonged exposure to body oils, perspiration, or other bodily fluids that compromise materials or performance
  
• Chemical damage from bleach, solvents, or cleaning agents not recommended by Nest Bedding
  
• Heat-related damage resulting from excessive washing or drying temperatures
  
• Mold, mildew, or odor resulting from improper storage or moisture exposure
  
• Pilling due to normal use.

Staining or discoloration alone does not constitute a manufacturing defect. Damage caused by staining or contamination that compromises the integrity, hygiene, or performance of the product is not covered.

Non–Nest Bedding Top-of-Bed Products

Certain Top-of-Bed products sold by Nest Bedding are manufactured by third-party brands and are not covered under Nest Bedding’s Top-of-Bed Limited Warranty.
These products are subject exclusively to the manufacturer’s warranty, which governs coverage terms, duration, exclusions, and remedies. Applicable manufacturer warranty details are disclosed on the corresponding product page at the time of purchase.
Depending on the product and manufacturer requirements, Nest Bedding may, at its discretion:

• Assist the customer in initiating or facilitating a warranty claim with the manufacturer, or
  
• Refer the customer directly to the manufacturer for claim submission and resolution

Nest Bedding does not control, modify, or extend third-party manufacturer warranties and is not responsible for warranty determinations made by the manufacturer.

Warranty Remedy (Top-of-Bed)

If Nest Bedding determines that a Top-of-Bed product defect is covered under the applicable Limited Warranty, the customer’s sole and exclusive remedy is, at Nest Bedding’s option, the repair or replacement of the defective product with a current, comparable model and size.
If the original product, model, color, or size is no longer available, Nest Bedding will provide the most comparable replacement product available at the time of approval.
Replacement Top-of-Bed products do not extend, restart, or renew any applicable sleep trial, return period, or warranty period.
Unless otherwise required by applicable law, replacement products do not include installation, setup, or removal services.

Making a Warranty Claim – Top-of-Bed Products

To initiate a Top-of-Bed product warranty claim, please contact Nest Bedding Customer Service and provide the following:

• Proof of purchase, including the order number or name of the original purchaser
  
• A description of the issue being experienced
  
• Supporting photographs or video documentation demonstrating the reported defect, where applicable

Depending on the product type and nature of the claim, Nest Bedding may request additional information related to product care, washing history, or use conditions to assist in the evaluation.
Top-of-Bed warranty claims are reviewed and responded to within a reasonable timeframe, which may vary based on the nature of the product, the information provided, and, where applicable, coordination with third-party manufacturers for non–Nest Bedding–branded products.
Nest Bedding will communicate with the customer throughout the review process and provide updates or requests for additional information as needed to complete the claim evaluation.

FURNITURE LIMITED WARRANTY

Furniture Warranty Overview

Nest Bedding (“Nest Bedding,” “we,” “us”) provides a Five (5) Year Limited Warranty to the original purchaser (“you”) of Nest Bedding–branded furniture products, including bed frames, platforms, foundations, and similar items, when used under normal residential conditions and in accordance with product instructions.
This warranty is non-transferable and applies only to the original purchaser.
Nest Bedding – Branded Furniture Warranty Coverage
This Five (5) Year Limited Warranty covers manufacturing defects in materials and workmanship in Nest Bedding–branded furniture products, including:

• Structural defects in frames, joints, or load-bearing components that result in instability, failure, or breakage under normal residential use
  
• Defects in materials, such as abnormal wood splitting or metal bending not caused by misuse or improper installation
  
• Workmanship defects, including improper assembly, fastening, stitching, seams, or finishing
  
• Defective hardware components, including bolts, screws, fasteners, or mechanical elements
  
• Upholstery defects such as tearing, fraying, or unraveling under normal residential use

Furniture Warranty Exclusions (Nest Bedding – Branded Products)

This Limited Warranty does not cover:

• Normal wear and tear, including cosmetic changes such as scratches, dents, or finish wear
  
• Unauthorized modifications, alterations, or repairs
  Improper use or use inconsistent with the intended function of the product
  
• Use in commercial, institutional, rental, or hospitality environments unless expressly authorized
  
• Damage caused by stains, spills, or bodily fluids resulting from misuse or neglect

Non-Nest Bedding Furniture Products

Certain furniture products sold by Nest Bedding, including but not limited to non-Nest Bedding–branded adjustable bases or accessories, are manufactured by third-party companies and are not covered under Nest Bedding’s Furniture Limited Warranty.
These products are subject exclusively to the manufacturer’s warranty, which governs coverage terms, duration, exclusions, and remedies. Applicable manufacturer warranty details are disclosed on the corresponding product page at the time of purchase.
Depending on the specific product and manufacturer requirements, Nest Bedding may, at its discretion:

• Assist the customer in initiating or facilitating a warranty claim with the manufacturer, or
  
• Refer the customer directly to the manufacturer for claim submission and resolution

Nest Bedding does not control, modify, or extend third-party manufacturer warranties and is not responsible for warranty determinations made by the manufacturer.

Warranty Remedy (Furniture)

For Nest Bedding–branded furniture products determined to have a covered defect under this Limited Warranty, the customer’s sole and exclusive remedy is, at Nest Bedding’s option, repair or replacement of the defective product with a current, comparable item.
If the original model is no longer available, Nest Bedding will provide the most comparable replacement product available at the time of approval.
Replacement products do not include removal, installation, or disposal services unless otherwise required by applicable law.

Making a Warranty Claim – Furniture

To initiate a furniture warranty claim, please contact Nest Bedding Customer Service and provide the following:

• Proof of purchase, including the order number or name of the original purchaser
  
• A detailed description of the issue being experienced
  
• Supporting photographs or video documentation of the product, including the affected area and overall condition

For Nest Bedding–branded furniture products, Nest Bedding will review the claim and determine eligibility under the applicable Limited Warranty.
For non–Nest Bedding–branded furniture products, warranty claims are subject to the manufacturer’s warranty terms. Depending on the product and manufacturer requirements, Nest Bedding may assist the customer in facilitating the claim or may refer the customer directly to the manufacturer for review and resolution.
Furniture warranty claims are reviewed and responded to within a reasonable timeframe, which may vary based on the nature of the product, the information provided, and, where applicable, coordination with third-party manufacturers.
Nest Bedding will communicate with the customer throughout the review process and provide updates or requests for additional information as needed to complete the claim evaluation.

AFFILIATE COMMISSION DISCLOSURE

Nest Bedding may receive a commission or other compensation when customers choose to dispose of a mattress, foundation, or furniture through an affiliate link made available on our website, order confirmation page, or order confirmation email.
Any such affiliate relationship does not affect the price paid by the customer or the services provided by the third-party disposal provider. Participation in affiliate disposal services is optional, and customers are not required to use any affiliated service.

CUSTOMER REFERRAL PROGRAM

The Nest Bedding Customer Referral Program (“Referral Program”) allows eligible existing customers (“Referrers”) to refer friends (“Referred Friends”) to Nest Bedding in exchange for promotional rewards, subject to the following terms and conditions.

Eligibility

The Referral Program is open to individuals who are existing Nest Bedding customers and who provide a valid first name, last name, and email address, and agree to these Terms.
Referred Friends must be new customers who have never previously made a purchase from Nest Bedding. The Referral Program is intended for personal, non-commercial use only. Referral links or codes may not be posted, distributed, or shared on coupon websites, deal aggregators, paid advertising platforms, or any third-party channels intended for mass or public distribution.
Nest Bedding reserves the right, in its sole discretion, to determine eligibility for participation in the Referral Program.

Referral Rewards

Eligible Referrers may share a unique referral link with Referred Friends. Referred Friends will receive 10% off their first purchase of $100 or more, before taxes and fees, when using the referral link at checkout.
After a Referred Friend completes their first qualifying purchase and the order is verified, the Referrer may receive a $25 promotional reward for use on a future Nest Bedding purchase of $100 or more, before taxes and fees. Referral rewards are subject to a minimum 14-day verification and hold period from the date of the Referred Friend’s completed purchase and are issued at Nest Bedding’s discretion.

Reward Redemption & Restrictions

Referral rewards:

• Have no cash value and may not be redeemed for cash or cash equivalents
  
• Are non-transferable and may not be sold, assigned, or shared
  
• May not be combined with other referral rewards, discounts, or promotional offers unless expressly stated

Referrers may earn multiple rewards; however, each Referred Friend must be a unique, first-time customer. If a Referred Friend cancels, returns, or receives a refund for their qualifying purchase, or if the transaction is later determined to be invalid, fraudulent, or abusive, the associated referral reward may be delayed, revoked, or voided.

Fraud Prevention & Abuse

Nest Bedding reserves the right, in its sole discretion, to investigate, disqualify, suspend, or terminate any Referrer or Referred Friend found to be participating in the Referral Program in a manner that violates these Terms or is deemed abusive, fraudulent, or unethical.
Prohibited activities include, but are not limited to:

• Self-referrals or attempts to refer oneself
  
• Creation or use of fake accounts, identities, or email addresses
  
• Spam distribution of referral links
  
• Posting referral links on prohibited third-party platforms
  
• Any activity intended to manipulate, exploit, or circumvent the Referral Program

Nest Bedding may withhold, cancel, or revoke referral rewards and may restrict future participation without prior notice where abuse or violation is suspected.

Program Changes & Termination

Nest Bedding reserves the right to modify, suspend, or terminate the Referral Program, in whole or in part, at any time and for any reason, without prior notice. Changes to the Referral Program or these Terms will be effective immediately upon posting on Nest Bedding’s website.
Participation in the Referral Program does not create any vested rights. If the Referral Program is modified or terminated, any unused, pending, or unverified referral rewards may be forfeited at Nest Bedding’s discretion.

Acceptance of Terms

By participating in the Nest Bedding Customer Referral Program, you acknowledge and agree to these Terms. For questions or assistance, please contact Nest Bedding Customer Service.

LINKS TO OTHER SITES

The Nest Bedding website may contain links to third-party websites or services that are not owned or controlled by Nest Bedding.
Nest Bedding does not control, endorse, or assume responsibility for the content, policies, products, services, or practices of any third-party websites or services. Access to or use of any third-party site is at your own risk.
We encourage you to review the applicable terms and conditions and privacy policies of any third-party websites you choose to visit.

LIMITED LICENSE

Subject to your compliance with these Terms, Nest Bedding grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Site for personal, non-commercial purposes.
This license does not permit you to copy, modify, distribute, sell, lease, sublicense, reverse engineer, or otherwise exploit any portion of the Site or its content except as expressly permitted by these Terms or with prior written consent from Nest Bedding.
All rights not expressly granted are reserved by Nest Bedding.

WEBSITE DISCLAIMER

Your use of the Nest Bedding website (the “Site”) is at your own risk. The Site and its content are provided on an “as is” and “as available” basis for general informational purposes only.
The Site may include information, statements, opinions, or content provided by Nest Bedding, third parties, or users. Nest Bedding does not warrant or guarantee the accuracy, completeness, reliability, or timeliness of any information made available on the Site.
To the maximum extent permitted by applicable law, Nest Bedding disclaims all warranties of any kind with respect to the Site and its content, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
This disclaimer applies solely to the Site and its content and does not modify or limit any express product warranties provided by Nest Bedding, which are governed exclusively by their respective warranty terms.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Nest Bedding and its subsidiaries, affiliates, officers, directors, employees, agents, representatives, and licensors shall not be liable to you or any third party for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to your access to, use of, or inability to access or use the website (the “Site”), including any content, materials, information, opinions, or third-party links made available through the Site.
This limitation of liability applies regardless of the legal theory asserted, whether based on contract, tort, negligence, strict liability, or otherwise, and even if Nest Bedding has been advised of the possibility of such damages.
In jurisdictions that do not permit the exclusion or limitation of certain damages, Nest Bedding’s liability shall be limited to the maximum extent permitted by law.
This limitation applies solely to claims arising from use of the Site and does not limit or alter any express product warranties or remedies provided by Nest Bedding, which are governed exclusively by their applicable warranty terms.

GOVERNING LAW AND CHOICE OF FORUM

These Terms, and any dispute, claim, or controversy arising out of or relating to the website (the “Site”), your access to or use of the Site, or these Terms, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles.
You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the state or federal courts located within the State of California, and you hereby consent to the personal jurisdiction and venue of such courts.
This Choice of Forum provision applies only to Disputes that are not subject to arbitration under the Agreement to Arbitrate section, including any permitted court actions expressly carved out in that section.

COMMUNICATIONS

Questions or comments regarding the Site or these Terms may be directed to customerservice@nestbedding.com.
Any communication or material transmitted to Nest Bedding through the Site or by email is transmitted on a non-confidential basis, unless expressly stated otherwise in writing. By submitting communications through the Site, you grant Nest Bedding the right to use such communications in accordance with applicable law and our Privacy Policy.

COPYRIGHTS AND TRADEMARKS

All content available on or through the Nest Bedding website (the “Site”), including but not limited to text, software, photographs, graphics, illustrations, artwork, videos, music, audio, designs, and the compilation thereof, as well as all names, logos, trademarks, service marks, trade dress, and other proprietary identifiers, are owned by or licensed to Nest Bedding, Inc. and are protected by applicable copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive license to access and use the Site and its content solely for personal, non-commercial purposes, subject to these Terms. Except as expressly permitted, you may not copy, modify, reproduce, republish, upload, post, transmit, distribute, sell, license, broadcast, or otherwise exploit any content from the Site without the prior written consent of Nest Bedding.
Any unauthorized use of the Site’s content or intellectual property may violate applicable laws and may result in civil or criminal liability.
Permission Requests
Requests for permission to use, reproduce, or distribute Site content must be submitted in writing to customerservice@nestbedding.com and must include:
Your name and contact information
A description of the content you wish to use
The intended purpose and manner of use
Permission, if granted, will be provided at Nest Bedding’s discretion and must be confirmed in writing.

AGREEMENT TO ARBITRATE

You and Nest Bedding agree that any dispute, claim, or controversy arising out of or relating to these Terms, the website, any products or services offered by Nest Bedding, or the relationship between you and Nest Bedding (collectively, “Disputes”) shall be resolved exclusively through final and binding individual arbitration, rather than in court, except as expressly provided in this section.

Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as in effect at the time the arbitration is initiated. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this arbitration agreement.

INFORMAL DISPUTE RESOLUTION REQUIRED BEFORE ARBITRATION

Before either party may initiate arbitration, the party seeking arbitration must first send the other party a written Notice of Dispute and participate in a good-faith informal dispute resolution process for at least sixty (60) days.

Any Notice of Dispute to Nest Bedding must be sent to legal@nestbedding.com. Nest Bedding may, upon request, designate an additional mailing address for legal notices.

The Notice of Dispute must include:

• the claimant’s full legal name, mailing address, email address, and telephone number;

• the order number, account information, or other information reasonably sufficient to identify the relevant transaction or relationship, if applicable;

• a description of the specific product, service, website activity, communication, or transaction at issue;

• a reasonably detailed description of the factual basis of the claim and the relief sought; and

• copies of documents or other evidence on which the claimant reasonably intends to rely, if available.

If either party believes that a Notice of Dispute is incomplete, that party must notify the other party in writing within ten (10) business days and describe the information needed. The parties shall then work in good faith to complete the notice. The sixty (60) day informal resolution period begins when a substantially complete Notice of Dispute is received.

Compliance with this informal dispute resolution process is a condition precedent to arbitration. The parties agree that a court may stay arbitration until this process has been completed.

SMALL CLAIMS COURT

Either party may elect to have an individual Dispute heard in small claims court if the claim qualifies and remains only in that court. If a Dispute is filed in arbitration and a party properly elects to proceed in small claims court, the arbitration shall be administratively closed or stayed, as appropriate, unless the small claims court determines that it lacks jurisdiction.

ARBITRATION PROCEDURE

Unless otherwise required by applicable law or the AAA rules, arbitration shall be conducted remotely by video conference, telephone, written submissions, or other reasonable remote means. If the AAA’s then-current rules provide for documents-only procedures for a particular Dispute, those procedures shall apply unless the arbitrator determines that a hearing is necessary for a fair resolution or the applicable rules provide otherwise.

The arbitrator shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or unenforceable, except that a court of competent jurisdiction shall decide any dispute regarding the enforceability or applicability of the class, collective, consolidated, private attorney general, or representative action waiver below.

The arbitrator may award any individual remedy or relief that would be available in court under applicable law.

FEES AND COSTS

Nest Bedding will pay AAA filing, administration, case-management, and arbitrator fees to the extent required by the AAA rules and applicable law, subject to any fee-shifting permitted by applicable law or the AAA rules.

You will not be required to pay arbitration fees that exceed the amount you would have paid to file a comparable action in a court of law, unless the arbitrator determines that a claim was frivolous or filed for an improper purpose, in which case the arbitrator may award fees or costs only to the extent permitted by applicable law and the AAA rules.

Each party shall bear its own attorneys’ fees and costs unless the arbitrator awards otherwise under applicable law.

MASS ARBITRATION

If twenty-five (25) or more substantially similar arbitration demands are asserted against Nest Bedding by or with the assistance of the same law firm, law firms acting in coordination, or other coordinated representatives, and the AAA determines that the demands qualify for mass arbitration treatment under its then-current rules, those demands shall be administered in accordance with the AAA’s applicable Mass Arbitration Supplementary Rules and fee schedules.

The parties shall cooperate in good faith with the AAA in implementing any procedures authorized by those rules.

WAIVER OF CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, AND REPRESENTATIVE ACTIONS

You and Nest Bedding agree that all Disputes must be brought in an individual capacity only, and not as a plaintiff, claimant, class member, or representative in any purported class, collective, consolidated, private attorney general, or representative proceeding.

The arbitrator may not consolidate the claims of more than one individual and may not preside over any form of class, collective, consolidated, private attorney general, or representative proceeding, except to the limited extent necessary to administer claims under the AAA’s applicable Mass Arbitration Supplementary Rules without altering the individual nature of each claim.

If this waiver is found unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and may proceed in a court of competent jurisdiction, while the remaining claims shall proceed in individual arbitration to the maximum extent permitted by law.

INJUNCTIVE AND INTELLECTUAL PROPERTY RELIEF

Notwithstanding the foregoing, either party may seek temporary, preliminary, or other provisional injunctive relief in a court of competent jurisdiction as necessary to preserve the status quo pending arbitration.

Either party may also seek injunctive or equitable relief in court for claims relating to intellectual property infringement, misuse, or misappropriation, without waiving the right to arbitrate any claim for damages or other relief.

Nothing in this arbitration agreement, including the waiver of class, collective, consolidated, private attorney general, or representative actions, shall be construed to waive or limit any right to seek public injunctive relief to the extent such a waiver is prohibited by applicable law. To the extent applicable law permits such relief to be sought or awarded in arbitration, the arbitrator may award it.

CONFIDENTIALITY

Unless prohibited by applicable law, the parties agree that the arbitration proceeding, any submissions made in the arbitration, discovery exchanged in the arbitration, settlement communications, and any award shall remain confidential, except as reasonably necessary to prepare for or conduct the arbitration, enforce or challenge an arbitration award, comply with legal or regulatory obligations, seek court relief permitted by this section, or as otherwise required by law.

AAA AVAILABILITY

If the AAA declines to administer a Dispute for reasons other than a party’s refusal to pay required fees, refusal to comply with the AAA rules, or other party-specific misconduct, the parties shall meet and confer in good faith regarding a substitute arbitration administrator. If the parties cannot agree on a substitute administrator within fourteen (14) days, either party may ask a court of competent jurisdiction to appoint an arbitration administrator or arbitrator, or to determine whether the Dispute may proceed in court.

RIGHT TO OPT OUT

You have the right to opt out of this arbitration agreement. To exercise this right, you must send written notice of your decision to opt out to legal@nestbedding.com no later than thirty (30) days after the date you first agree to these Terms. Your notice must include your name, mailing address, email address, and information reasonably sufficient for Nest Bedding to identify your account or transaction, if applicable, and must clearly state that you wish to opt out of this arbitration agreement.

If you timely opt out, you will not be bound by this arbitration agreement, but all other provisions of these Terms will remain in full force and effect. If you do not opt out within the required time, this arbitration agreement will apply to you.

SURVIVAL AND SEVERABILITY

This arbitration agreement shall survive the termination of your relationship with Nest Bedding and the termination of these Terms.

If any portion of this arbitration agreement is found to be unenforceable or unlawful, that portion shall be severed, and the remainder shall remain in full force and effect to the maximum extent permitted by law, except as expressly provided above with respect to the waiver of class, collective, consolidated, private attorney general, or representative actions.

CHANGES TO THESE TERMS

Nest Bedding reserves the right, in its sole discretion, to modify, update, or replace these Terms of Service at any time by posting the revised Terms on the website. Any changes will be effective immediately upon posting unless otherwise stated.
Your continued access to or use of the website after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the website.
We encourage you to review these Terms periodically to stay informed of any updates.

CONTACT US

If you have any questions, comments, or concerns regarding these Terms of Service, please contact Nest Bedding Customer Service.