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Warranty

Sleep Solutions Inc. is pleased to offer both a Sleep Trial Guarantee and certain express Limited Warranties and Limited Product Warranties to our customers, on the terms and subject to the exclusions, limitations, and conditions set forth below. As used herein, terms like “we”, “our”, “us” and the like refer to Sleep Solutions Inc., a company incorporated in the State of Delaware USA, with its principal office at 144 Talbert Pointe Dr., Suite 103, Mooresville, NC 28117. Our Sleep Trial Guarantee, Limited Warranties and Limited Product Warranties apply only to our products described below (each, a “Product” and collectively, the “Products”) and/or services described below, as applicable.

If you previously purchased an extended protection plan from Extend, please click here to view Extend's terms and conditions. If you previously purchased an extended protection plan from Clyde, click here to view Clyde's terms and conditions.

Repairs and diagnostics may also be purchased outside of the Sleep Trial Guarantee, Limited Warranties and Limited Product Warranties discussed below. For more details, please contact us at help@sleep.me

I. SLEEP TRIAL GUARANTEE POLICY

We’re confident that you will love your Product(s). If you are unsatisfied for any reason, however, you have 30 days from the date the Product was delivered to you to return the Product to us in exchange for a full refund of your purchase price. We refer to this guarantee as our “Sleep Trial Guarantee”. Before you return the Product to us under our Sleep Trial Guarantee, please check that your Product is eligible for our Sleep Trial Guarantee and please be sure to follow the proper procedures for returning your Product. These eligibility requirements and return procedures are detailed below in the Section titled “IV. ELIGIBILITY AND STEPS FOR RETURNING PRODUCT(S)”.

Sleep system purchases made November 10th through December 25th of any given year have an extended Sleep Trial Guarantee through January 25th of the following year.

No Sleep Solutions Inc. reseller, dealer, distributor, or agent is authorized to make any modification, extension, or addition to this Sleep Trial Guarantee. All refunds outside of this policy are discretionary as determined by Sleep Solutions Inc. The Sleep Trial Guarantee does not apply to any Digital Courses (as defined below). The warranty policy for Digital Courses is described in Section II(F) below.

II. LIMITED PRODUCT WARRANTIES

In addition to the Sleep Trial Guarantee, Sleep Solutions Inc. provides the following limited express warranties on the Products listed below during the time periods described below for each Product (each such period is referred to herein as the applicable “Warranty Period”), subject to the conditions, exclusions, and limitations described below for each Product (each referred to herein as the applicable “Limited Product Warranty” and collectively, the “Limited Product Warranties”).

A. THERMAL REGULATING CONTROL UNITS: 1-YEAR Chilipad OOLER or Chilipad CUBE or Chilipad DOCK PRO LIMITED PRODUCT WARRANTY

Sleep Solutions Inc. provides the following Limited Product Warranty on thermal regulating control units (“Thermal Regulating Control Units”), which covers any defects in materials or workmanship in such Thermal Regulating Control Units under normal use during the warranty period beginning on the date the Thermal Regulating Control Unit is delivered to you (the “Warranty Period” solely for the purposes of this Section II(A)), subject to the conditions, exclusions, and limitations described below.

The Warranty Period for new Thermal Regulating Control Units in the Chilipad OOLER, Chilipad Cube, or Chilipad Dock Pro product family is for 1 year.

Notwithstanding the foregoing, the Warranty Period for a refurbished Thermal Regulating Control Unit shall be one (1) year beginning on the date the refurbished Thermal Regulating Control Unit is delivered to you. Such one-year Warranty Period shall only apply to refurbished Thermal Regulating Control Units sold as original sales and shall not amend, modify or alter any Warranty Period or other conditions applicable to refurbished parts, or other products provided to replace other parts, or products on the conditions set forth herein.

1. WARRANTY COVERAGE

If you return a Thermal Regulating Control Unit that is eligible for a Limited Product Warranty, Sleep Solutions Inc. will, at its option in its sole discretion and to the extent permitted by law, either (1) repair the Thermal Regulating Control Unit at no charge, using new or refurbished replacement parts or (2) replace or substitute the Thermal Regulating Control Unit with a product of comparable quality and value if the warrantied Thermal Regulating Control Unit is no longer available. Unless otherwise mandated by applicable law, the remedy described in the foregoing sentence will be your sole and exclusive remedy for any defects covered by this Limited Product Warranty. Our Limited Product Warranty is available to you in addition to the rights that you already have under the laws that apply to your purchase.

2. EXCLUSIONS AND LIMITATIONS TO LIMITED PRODUCT WARRANTY

Sleep Solutions Inc. does not warrant that the operation of the Thermal Regulating Control Unit will be uninterrupted or error-free. This Limited Product Warranty covers only Thermal Regulating Control Unit hardware and does not cover software embedded in any Thermal Regulating Control Unit and related services provided by Sleep Solutions Inc. See the Sleep Solutions Inc. Terms and Conditions for details of your contractual rights with respect to the use of the software and related services.

This warranty does not apply to a Thermal Regulating Control Unit or part of a Thermal Regulating Control Unit that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Sleep Solutions Inc., nor does it apply to any cosmetic damage such as scratches and dents. Sleep Solutions Inc. reserves the right to inspect any Thermal Regulating Control Unit returned to it in accordance with this Limited Product Warranty. To the extent permitted by law, Sleep Solutions Inc. does not have any obligation to repair or replace any Thermal Regulating Control Unit otherwise eligible under this Limited Product Warranty if our inspection reveals that the Thermal Regulating Control Unit has been altered, modified, damaged, subject to or involved in an accident, disassembled, repaired or attempted to be repaired by someone other than us, or individuals we authorize, or if the Thermal Regulating Control Unit has otherwise been used in a manner inconsistent with its intended purpose. In addition, this Limited Product Warranty does not apply to damage or defects caused by (a) negligence, negligent use, accident, abuse, misuse, mishandling, improper storage, flood, fire, earthquake, electrical surge or other external causes; (b) operating or using the Thermal Regulating Control Unit (i) outside the permitted or intended uses described by Sleep Solutions Inc., (ii) other than in strict accordance with instructions provided by Sleep Solutions Inc., or (iii) with improper voltage or power supply; (c) normal wear and tear from intended; (d) using or cleaning the Thermal Regulating Control Unit in a manner inconsistent with applicable maintenance; or (e) commercial use including but not limited to use in a hotel or hospital. This Limited Product Warranty only applies to defective components within a Thermal Regulating Control Unit. For example, if you purchase a Thermal Regulating Control Unit with multiple components and only one component is defective, then we will only repair the defective component. In addition, this Limited Product Warranty does not cover replacement due to the customer’s comfort preference.

No Sleep Solutions Inc.reseller, dealer, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. Any repaired or replacement Thermal Regulating Control Unit will be warrantied for the remainder of the original Warranty Period or six (6) months from the date you receive such repaired or replacement Thermal Regulating Control Unit, whichever is longer, or for any additional period of time that may be required by applicable law. If we determine that the problem is not covered under this Limited Product Warranty, we will notify you and inform you of service or replacement alternatives that are available to you for an additional fee.

B. THERMAL REGULATING SLEEP PAD: 1-YEAR LIMITED PRODUCT WARRANTY

Sleep Solutions Inc. provides the following Limited Product Warranty on thermal regulating sleep pad (the “Thermal Regulating Sleep Pad”), such as the chiliPAD™, which covers any defects in materials or workmanship in the Thermal Regulating Sleep Pad under normal use during the one-year period beginning on the date the Thermal Regulating Sleep Pad is delivered to you (the “Warranty Period” solely for the purposes of this Section II(B)), subject to the conditions, exclusions, and limitations described below.

1. WARRANTY COVERAGE

If you return a Thermal Regulating Sleep Pad that is eligible for a Limited Product Warranty, Sleep Solutions Inc. will, at its option in its sole discretion and to the extent permitted by law, either (1) repair the Thermal Regulating Sleep Pad at no charge, using new or refurbished replacement parts or (2) replace or substitute the Thermal Regulating Sleep Pad with a product of comparable quality and value if the warrantied Thermal Regulating Sleep Pad is no longer available. Unless otherwise mandated by applicable law, the remedy described in the foregoing sentence will be your sole and exclusive remedy for any defects covered by this Limited Product Warranty. Our Limited Product Warranty is available to you in addition to the rights that you already have under the laws that apply to your purchase.

2. EXCLUSIONS AND LIMITATIONS TO LIMITED PRODUCT WARRANTY

Sleep Solutions Inc. does not warrant that the use of the Thermal Regulating Sleep Pad will be uninterrupted or error-free. This Limited Product Warranty covers only the Thermal Regulating Sleep Pad. The Limited Product Warranty for stand-alone Thermal Regulating Control Units as described in Section II(A) above is applicable to any stand-alone Thermal Regulating Control Unit purchased to function with and operate in conjunction with the Thermal Regulating Sleep Pad.

This warranty does not apply to a Thermal Regulating Sleep Pad or part of a Thermal Regulating Sleep Pad that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Sleep Solutions Inc., nor does it apply to any cosmetic damage such as scratches and dents. Sleep Solutions Inc. reserves the right to inspect any Thermal Regulating Sleep Pad returned to it in accordance with this Limited Product Warranty. To the extent permitted by law, Sleep Solutions Inc. does not have any obligation to repair or replace any Thermal Regulating Sleep Pad otherwise eligible under this Limited Product Warranty if our inspection reveals that the Thermal Regulating Sleep Pad has been altered, modified, damaged, subject to or involved in an accident, disassembled, repaired or attempted to be repaired by someone other than us, or individuals we authorize, or if the Thermal Regulating Sleep Pad has otherwise been used in a manner inconsistent with its intended purpose. In addition, this Limited Product Warranty does not apply to damage or defects caused by (a) negligence, negligent use, accident, abuse, misuse, mishandling, improper storage, flood, fire, earthquake, electrical surge or other external causes; (b) operating the Thermal Regulating Sleep Pad (i) outside the permitted or intended uses described by Sleep Solutions Inc., (ii) other than in strict accordance with instructions provided by Sleep Solutions Inc., or (iii) with improper voltage or power supply; (c) normal wear and tear from intended use or washing; (d) using or washing the Thermal Regulating Sleep Pad in a manner inconsistent with applicable laundering instructions (for clarification but not limitation, this Limited Product Warranty shall not cover damage including but not limited to bleach marks, stains, tears, cuts, burns, shrinkage, odors or other factors that result from such inappropriate use or washing of the Thermal Regulating Sleep Pad); or (e) commercial use including but not limited to use in a hotel or hospital. This Limited Product Warranty only applies to defective components within a Thermal Regulating Sleep Pad. For example, if you purchase a Thermal Regulating Sleep Pad with multiple components and only one component is defective, then we will only repair the defective component. In addition, this Limited Product Warranty does not cover replacement due to the customer’s comfort preference.

No Sleep Solutions Inc. reseller, dealer, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. Any repaired or replacement Thermal Regulating Sleep Pad will be warrantied for the remainder of the original Warranty Period or six (6) months from the date you receive such repaired or replacement Thermal Regulating Sleep Pad, whichever is longer, or for any additional period of time that may be required by applicable law. If we determine that the problem is not covered under this Limited Product Warranty, we will notify you and inform you of service or replacement alternatives that are available to you for an additional fee.

C. THERMAL REGULATING BLANKETS: 1-YEAR LIMITED PRODUCT WARRANTY

Sleep Solutions Inc. provides the following Limited Product Warranty on thermal regulating blankets (the “Thermal Regulating Blankets”), such as the chiliBLANKET™, which covers any defects in materials or workmanship in the Thermal Regulating Blanket under normal use during the one-year period beginning on the date the Thermal Regulating Blanket is delivered to you (the “Warranty Period” solely for the purposes of this Section II(C)), subject to the conditions, exclusions, and limitations described below.

1. WARRANTY COVERAGE

If you return a Thermal Regulating Blanket that is eligible for a Limited Product Warranty, Sleep Solutions Inc. will, at its option in its sole discretion and to the extent permitted by law, either (1) repair the Thermal Regulating Blanket at no charge, using new or refurbished replacement parts or (2) replace or substitute the Thermal Regulating Blanket with a product of comparable quality and value if the warrantied Thermal Regulating Blanket is no longer available. Unless otherwise mandated by applicable law, the remedy described in the foregoing sentence will be your sole and exclusive remedy for any defects covered by this Limited Product Warranty. Our Limited Product Warranty is available to you in addition to the rights that you already have under the laws that apply to your purchase.

2. EXCLUSIONS AND LIMITATIONS TO LIMITED PRODUCT WARRANTY

Sleep Solutions Inc. does not warrant that the use of the Thermal Regulating Blanket will be uninterrupted or error-free. This Limited Product Warranty covers only the Thermal Regulating Blanket. The Limited Product Warranty for stand-alone Thermal Regulating Control Units as described in Section II(A) above is applicable to any stand-alone Thermal Regulating Control Unit purchased to function with and operate in conjunction with the Thermal Regulating Blanket.

This warranty does not apply to a Thermal Regulating Blanket or part of a Thermal Regulating Blanket that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Sleep Solutions Inc., nor does it apply to any cosmetic damage such as scratches and dents. Sleep Solutions Inc. reserves the right to inspect any Thermal Regulating Blanket returned to it in accordance with this Limited Product Warranty. To the extent permitted by law, Sleep Solutions Inc. does not have any obligation to repair or replace any Thermal Regulating Blanket otherwise eligible under this Limited Product Warranty if our inspection reveals that the Thermal Regulating Blanket has been altered, modified, damaged, subject to or involved in an accident, disassembled, repaired or attempted to be repaired by someone other than us, or individuals we authorize, or if the Thermal Regulating Blanket has otherwise been used in a manner inconsistent with its intended purpose. In addition, this Limited Product Warranty does not apply to damage or defects caused by (a) negligence, negligent use, accident, abuse, misuse, mishandling, improper storage, flood, fire, earthquake, electrical surge or other external causes; (b) operating the Thermal Regulating Blanket (i) outside the permitted or intended uses described by Sleep Solutions Inc., (ii) other than in strict accordance with instructions provided by Sleep Solutions Inc., or (iii) with improper voltage or power supply; (c) normal wear and tear from intended use or washing; (d) using or washing the Thermal Regulating Blanket in a manner inconsistent with applicable laundering instructions (for clarification but not limitation, this Limited Product Warranty shall not cover damage including but not limited to bleach marks, stains, tears, cuts, burns, shrinkage, odors or other factors that result from such inappropriate use or washing of the Thermal Regulating Blanket); or (e) commercial use including but not limited to use in a hotel or hospital. This Limited Product Warranty only applies to defective components within a Thermal Regulating Blanket. For example, if you purchase a Thermal Regulating Blanket with multiple components and only one component is defective, then we will only repair the defective component. In addition, this Limited Product Warranty does not cover replacement due to the customer’s comfort preference.

No Sleep Solutions Inc. reseller, dealer, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. Any repaired or replacement Thermal Regulating Blanket will be warrantied for the remainder of the original Warranty Period or six (6) months from the date you receive such repaired or replacement Thermal Regulating Blanket, whichever is longer, or for any additional period of time that may be required by applicable law. If we determine that the problem is not covered under this Limited Product Warranty, we will notify you and inform you of service or replacement alternatives that are available to you for an additional fee.

D. THERMAL REGULATING HEADBANDS: 1-YEAR LIMITED PRODUCT WARRANTY

Sleep Solutions Inc. provides the following Limited Product Warranty on thermal regulating headbands (the “Thermal Regulating Headbands”), such as the Ebb® CoolDrift Versa™, which covers any defects in materials or workmanship in the Thermal Regulating Headbands under normal use during the one-year period beginning on the date the Thermal Regulating Headband is delivered to you (the “Warranty Period” solely for the purposes of this Section II(D)), subject to the conditions, exclusions, and limitations described below.

1. WARRANTY COVERAGE

If you return a Thermal Regulating Headband that is eligible for a Limited Product Warranty, Sleep Solutions Inc. will, at its option in its sole discretion and to the extent permitted by law, either (1) repair the Thermal Regulating Headband at no charge, using new or refurbished replacement parts or (2) replace or substitute the Thermal Regulating Headband with a product of comparable quality and value if the warrantied Thermal Regulating Headband is no longer available. Unless otherwise mandated by applicable law, the remedy described in the foregoing sentence will be your sole and exclusive remedy for any defects covered by this Limited Product Warranty. Our Limited Product Warranty is available to you in addition to the rights that you already have under the laws that apply to your purchase.

2. EXCLUSIONS AND LIMITATIONS TO LIMITED PRODUCT WARRANTY

Sleep Solutions Inc. does not warrant that the operation of the Thermal Regulating Headband will be uninterrupted or error-free.

This warranty does not apply to a Thermal Regulating Headband or part of a Thermal Regulating Headband that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Sleep Solutions Inc., nor does it apply to any cosmetic damage such as scratches and dents. Sleep Solutions Inc. reserves the right to inspect any Thermal Regulating Headband returned to it in accordance with this Limited Product Warranty. To the extent permitted by law, Sleep Solutions Inc. does not have any obligation to repair or replace any Thermal Regulating Headband otherwise eligible under this Limited Product Warranty if our inspection reveals that the Thermal Regulating Headband has been altered, modified, damaged, subject to or involved in an accident, disassembled, repaired or attempted to be repaired by someone other than us, or individuals we authorize, or if the Thermal Regulating Headband has otherwise been used in a manner inconsistent with its intended purpose. In addition, this Limited Product Warranty does not apply to damage or defects caused by (a) negligence, negligent use, accident, abuse, misuse, mishandling, improper storage, flood, fire, earthquake, electrical surge or other external causes; (b) operating the Thermal Regulating Headband (i) outside the permitted or intended uses described by Sleep Solutions Inc., (ii) other than in strict accordance with instructions provided by Sleep Solutions Inc., or (iii) with improper voltage or power supply; (c) normal wear and tear from intended use or washing; (d) using or washing the Thermal Regulating Headband in a manner inconsistent with applicable laundering instructions (for clarification but not limitation, this Limited Product Warranty shall not cover damage including but not limited to bleach marks, stains, tears, cuts, burns, shrinkage, odors or other factors that result from such inappropriate use or washing of the Thermal Regulating Headband); or (e) commercial use including but not limited to use in a hotel or hospital. This Limited Product Warranty only applies to defective components within a Thermal Regulating Headband. For example, if you purchase a Thermal Regulating Headband with multiple components and only one component is defective, then we will only repair the defective component. In addition, this Limited Product Warranty does not cover replacement due to the customer’s comfort preference.

No Sleep Solutions Inc. reseller, dealer, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. Any repaired or replacement Thermal Regulating Headband will be warrantied for the remainder of the original Warranty Period or six (6) months from the date you receive such repaired or replacement Thermal Regulating Headband, whichever is longer, or for any additional period of time that may be required by applicable law. If we determine that the problem is not covered under this Limited Product Warranty, we will notify you and inform you of service or replacement alternatives that are available to you for an additional fee.

E. SLEEP TRACKER: 1-YEAR LIMITED PRODUCT WARRANTY

Sleep Solutions Inc. provides the following Limited Product Warranty on products with sleep tracker functionality that are eligible for the Limited Product Warranty (each such product a, “Sleep Tracker”), such as the Insight™ Tracker or Sleepme™ Tracker, which covers defects in materials or workmanship in the Sleep Tracker occurring under normal use during the one-year period beginning on the date the Sleep Tracker is delivered to you (the “Warranty Period” solely for the purposes of this Section II(E)), subject to the conditions, exclusions, and limitations described below.

To be eligible for the applicable Warranty Period for the Sleep Tracker, you must;
a) Have an active Membership with no outstanding balance or any unpaid fees;
b) Have a valid Payment Method on file; and
c) Be the original owner of the Sleep Tracker, meaning that the Sleep Tracker being replaced was the one originally paired with the Account associated with the Sleep Tracker.

1. WARRANTY COVERAGE

If you return a Sleep Tracker that is eligible for a Limited Product Warranty, Sleep Solutions Inc. will, at its option and in its sole discretion, to the extent permitted by law, either (1) repair the Sleep Tracker at no additional charge, using new or refurbished replacement parts or (2) replace or substitute the Sleep Tracker with a product of comparable quality and value if the warrantied Sleep Tracker is no longer available. Unless otherwise mandated by applicable law, the remedy described in the foregoing sentence will be your sole and exclusive remedy for any defects covered by this Limited Product Warranty. Our Limited Product Warranty is available to you in addition to the rights that you already have under the laws that apply to your purchase.

2. EXCLUSIONS AND LIMITATIONS TO LIMITED PRODUCT WARRANTY

Sleep Solutions Inc. does not warrant that the use of the Sleep Tracker will be uninterrupted or error-free.

This warranty does not apply to a Sleep Tracker or part of a Sleep Tracker that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Sleep Solutions Inc., nor does it apply to any cosmetic damage such as scratches and dents. Sleep Solutions Inc. reserves the right to inspect any Sleep Tracker returned to it in accordance with this Limited Product Warranty. To the extent permitted by law, Sleep Solutions Inc. does not have any obligation to repair or replace any Sleep Tracker otherwise eligible under this Limited Product Warranty if our inspection reveals that the Sleep Tracker has been altered, modified, damaged, subject to or involved in an accident, disassembled, repaired or attempted to be repaired by someone other than us, or individuals we authorize, or if the Sleep Tracker has otherwise been used in a manner inconsistent with its intended purpose. In addition, this Limited Product Warranty does not apply to damage or defects caused by: (a) negligence, negligent use, accidents, abuse, misuse, mishandling, improper storage, flood, fire, earthquake, electrical surge or other external causes; (b) operating the Sleep Tracker (i) outside the permitted or intended uses described by Sleep Solutions Inc. in the user manual or other documentation for such Sleep Tracker, (ii) other than in strict accordance with instructions provided by Sleep Solutions Inc., in the user manual or other documentation for such Sleep Tracker, or (iii) with improper voltage or power supply; (c) normal wear and tear from intended use or washing; (d) using or washing the Sleep Tracker in a manner inconsistent with applicable laundering instructions (for clarification but not limitation, this Limited Product Warranty shall not cover damage including but not limited to bleach marks, stains, tears, cuts, burns, shrinkage, odors or other factors that result from such inappropriate use or washing of the Sleep Tracker); or (e) commercial use including but not limited to use in a hotel or hospital. This Limited Product Warranty only applies to defective components within a Sleep Tracker. For example, if you purchase a Sleep Tracker with multiple components and only one component is defective, then we will only repair the defective component. In addition, this Limited Product Warranty does not cover replacement due to the customer’s comfort preference.

No Sleep Solutions Inc. reseller, dealer, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. Any repaired or replacement Sleep Tracker will be warrantied for the remainder of the original Warranty Period or six (6) months from the date you receive such repaired or replacement Sleep Tracker, whichever is longer, or for any additional period of time that may be required by applicable law. If we determine that the problem is not covered under this Limited Product Warranty, we will notify you and inform you of service or replacement alternatives that are available to you for an additional fee.

F. OTHER BEDDING GOODS: 1-YEAR LIMITED PRODUCT WARRANTY

Sleep Solutions Inc. provides the following Limited Product Warranty on bedding goods other than Thermal Regulating Control Units, Thermal Regulating Sleep Pads, Thermal Regulating Blankets and Thermal Regulating Headbands (each a “Bedding Good”), which covers any defects in materials or workmanship in the Bedding Good under normal use during the one-year period beginning on the date the Bedding Good is delivered to you (the “Warranty Period” solely for the purposes of this Section II(F)), subject to the conditions, exclusions, and limitations described below.

1. WARRANTY COVERAGE

If you return a Bedding Good that is eligible for a Limited Product Warranty, Sleep Solutions Inc. will, at its option in its sole discretion and to the extent permitted by law, either (1) repair the Bedding Good at no charge, using new or refurbished replacement parts or (2) replace or substitute the Bedding Good with a product of comparable quality and value if the warrantied Bedding Good is no longer available. Unless otherwise mandated by applicable law, the remedy described in the foregoing sentence will be your sole and exclusive remedy for any defects covered by this Limited Product Warranty. Our Limited Product Warranty is available to you in addition to the rights that you already have under the laws that apply to your purchase.

2. EXCLUSIONS AND LIMITATIONS TO LIMITED PRODUCT WARRANTY

Sleep Solutions Inc. does not warrant that the use of the Bedding Good will be uninterrupted or error-free.

This warranty does not apply to a Bedding Good or part of a Bedding Good that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Sleep Solutions Inc., nor does it apply to any cosmetic damage such as tears and scratches. Sleep Solutions Inc. reserves the right to inspect any Bedding Good returned to it in accordance with this Limited Product Warranty. To the extent permitted by law, Sleep Solutions Inc. does not have any obligation to repair or replace any Bedding Good otherwise eligible under this Limited Product Warranty if our inspection reveals that the Bedding Good has been altered, modified, damaged, subject to or involved in an accident, disassembled, repaired or attempted to be repaired by someone other than us, or individuals we authorize, or if the Bedding Good has otherwise been used in a manner inconsistent with its intended purpose. In addition, this Limited Product Warranty does not apply to damage or defects caused by (a) negligence, negligent use, accident, abuse, misuse, mishandling, improper storage, flood, fire, earthquake, electrical surge or other external causes; (b) using the Bedding Good (i) outside the permitted or intended uses described by Sleep Solutions Inc., (ii) other than in strict accordance with instructions provided by Sleep Solutions Inc., (c) normal wear and tear from intended use or washing; (d) using or washing the Bedding Good in a manner inconsistent with applicable laundering instructions (for clarification but not limitation, this Limited Product Warranty shall not cover damage including but not limited to bleach marks, stains, tears, cuts, burns, shrinkage, odors or other factors that result from such inappropriate use or washing of the Bedding Good); or (e) commercial use including but not limited to use in a hotel or hospital. This Limited Product Warranty only applies to defective components within a Bedding Good. For example, if you purchase a Bedding Good with multiple components and only one component is defective, then we will only repair the defective component. In addition, this Limited Product Warranty does not cover replacement due to the customer’s comfort preference.

No Sleep Solutions Inc. reseller, dealer, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. Any repaired or replacement Bedding Good will be warrantied for the remainder of the original Warranty Period or six (6) months from the date you receive such repaired or replacement Bedding Good, whichever is longer, or for any additional period of time that may be required by applicable law. If we determine that the problem is not covered under this Limited Product Warranty, we will notify you and inform you of service or replacement alternatives that are available to you for an additional fee.

G. DIGITAL COURSES: 30-DAY LIMITED WARRANTY

There are NO REFUNDS available for any digital courses other than those specifically stated in this Section II(G). For paid courses or paid course content, in order to maintain access to the premium course site content, one-time payments or monthly course payments must be made. In the event payment or course fees are not paid, access to the course site will be revoked, and this limited warranty (“Limited Warranty”) shall not apply.

We offer a 30-day conditional refund for purchases of any digital courses (the “Digital Courses”). Such 30 days is the “Warranty Period” solely for the purposes of this Section II(G), subject to the conditions, exclusions, and limitations described below. In order to qualify for a refund, you must submit proof that you did the work in the course, and the course did not work for you. In the event that you decide your purchase was not the right decision, within 30 days of enrollment, contact our support team at sleepcoursehelp@sleep.me, and let us know you’d like a refund by the 30th day at 11:59 PM MT.

You must include your coursework with your request for a refund and must submit ALL of the following to be eligible:

• Completed handouts and/or worksheets for all exercises in the first 30 days of the program.

• For versions of the course program with coaching included, you must also provide the dates and times of at least 1 live (not recorded) coaching call that you attended for Sleep Solutions Inc. to verify your participation from Sleep Solutions Inc's records.

Sleep Solutions Inc. does not warrant that the use of the Digital Course will be uninterrupted or error-free. All refunds outside of this policy are discretionary as determined by Sleep Solutions Inc. No Sleep Solutions Inc. reseller, dealer, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Warranty. Our Limited Warranty is available to you in addition to the rights that you already have under the laws that apply to your purchase. Please, refer to the Sleep Solutions Inc. Terms and Conditions for details of your contractual rights with respect to the use of software and related services as the same applies to the Digital Course. Please, refer to Section IV below regarding further return policies and procedures.

III. SUPPLEMENT RETURN POLICY

Sleep Solutions Inc. offers nutritional supplements which are available for purchase through the Website (“Supplements”). Supplements are not eligible for the Sleep Trial Guarantee or any Limited Warranty or Limited Product Warranty described above. Unopened Supplements are eligible for return within 30 days of the product delivery date. Opened or partially-opened supplements may be eligible for partial refunds or partial store credit. Please email help@sleep.me for assistance with Supplement returns.

ALL SUPPLEMENTS PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SLEEP SOLUTIONS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE SUPPLEMENTS LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SLEEP SOLUTIONS HEREBY EXPRESSLY DISCLAIMS, WITH RESPECT TO THE SUPPLEMENTS, ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, AND MISAPPROPRIATION.

IV. ELIGIBILITY AND STEPS FOR RETURNING PRODUCT(S) FOR REFUND OR REPAIR

Before you return the Product to us under either our Sleep Trial Guarantee or one of our Limited Warranties or Limited Product Warranties described above, please check that your Product is eligible for our Sleep Trial Guarantee or the applicable Limited Warranty or Limited Product Warranty. To be eligible, each of the following must be true:
1. You must be the original purchaser of the Product or the gift recipient of the Product. Neither our Sleep Trial Guarantee nor any of our Limited Warranties or Limited Product Warranties extend to any other subsequent owner or transferee of the Product. If you give a Product as a gift, any applicable Sleep Trial Guarantee, Limited Warranty or Limited Product Warranty will transfer to the gift recipient.
2. You must have purchased the Product directly from Sleep Solutions Inc. via chilisleep.com or sleep.me or directly from Sleep Solutions Inc.'s official Amazon, eBay or Walmart web pages, and the Product must be identifiable as a Product originally manufactured by, or developed by, or by an authorized manufacturer or developer on behalf of, Sleep Solutions Inc.. If you purchased the Product from an authorized dealer, you will be subject to the authorized dealer’s return policy. Please, contact your authorized dealer for assistance.
3. You must submit a return authorization form (a) during the 30-day period immediately following your receipt of the Product if you are returning the Product under our Sleep Trial Guarantee or if you are seeking refund for a Digital Course, or (b) during the applicable Warranty Period, if you are returning the Product under the applicable Limited Warranty or Limited Product Warranty. Click here to start the return process and request a return authorization. Once the return authorization request is submitted, you will receive a Return Authorization Number. Both the return authorization request and the related Return Authorization Number, will expire unless we receive the Product within 30 days after your return request authorization form is submitted. If your authorization request and Return Authorization Number expires, you can request new ones provided that you are still in the applicable warranty or guarantee period. You must return the Product to Sleep Solutions Inc., to the address found in your return instructions. Returned Product(s) must be packaged carefully, either in the original packaging or in packaging that provides an equal degree of protection. All accessories originally included with your purchase must be included with your return minus any batteries. If you return a Product to us (a) without a valid Return Authorization Number, (b) without all parts and accessories originally included with your purchase, or (c) used or damaged beyond what would be considered reasonable, Sleep Solutions Inc. retains the right to either refuse acceptance of such return or deduct from any refund or, where permitted, charge you the retail value of the missing parts and accessories. You must include the Return Authorization Number in the return package. Sleep Solutions Inc. shall not be responsible for any damage incurred in shipping and handling. If any issues do arise, you should contact the company that you use to ship and handle the Products when you return them to us.
4. Your purchased item must not be labeled as 'Final Sale'. Final sale items are not eligible for returns or refunds. If a final sale item is received defective, damaged, or as a mis-ship, Sleep Solutions Inc. will make exceptions for these situations.

Returns of physical goods that were purchased as part of a bundle of multiple physical goods sold together or multiple physical goods and digital goods sold together (each a “Bundle”) will be refunded at the sale price of the physical goods minus the bundle rate discount. For example: If the sale price of Item A is $100 and Item B is $80 and the sale price of Item A and Item B in a Bundle is $150, then the maximum return value of Item A and Item B is $83.33 and $66.66, respectively. There will be no discounts offered on the return of Digital Goods as part of Bundles, unless otherwise indicated in the Bundles offer.

During the applicable Warranty Period, should we choose to repair or replace your Product, you will pay any associated shipping and handling costs. However, you will not have to pay return shipping and handling costs for a Thermal Regulating Control Unit, Thermal Regulating Sleep Pad, Thermal Regulating Blanket or Thermal Regulating Headband if you return the Product within the first year of the applicable Warranty Period. For all other Products, you will not have to pay shipping and handling costs if you return the Product within the first thirty days of the applicable Warranty Period. Expedited shipping fees are non-refundable. Any refund due to you will be processed at the same exchange rate that was in effect at the time that you paid for your order. For purchasers outside the United States, your refund will include any U.S. taxes that you paid on your original purchase but not any other U.S. or non-U.S. taxes, duties, customs or tariffs fees or any shipping and handling costs.

For customers outside of the United States, refunds are always issued in the currency that was used at the time of the order. For example, if you paid for your order in Australian dollars, then any applicable refund will be issued to you in Australian dollars. If the currency needs to be converted for the refund, then the current currency exchange rate, and not the currency exchange rate at the time of the order, will be used in the conversion. Your refund will include any U.S. taxes that you paid on your original purchase but not any other U.S. or non-U.S. taxes, duties, customs or tariffs fees or any shipping and handling costs. Click here to view our return policy. Refunds also use the same payment method that was used to pay for the order (we cannot issue a refund to a different card or bank account).

V. MODIFICATION OF SLEEP TRIAL GUARANTEE, LIMITED WARRANTIES, LIMITED PRODUCT WARRANTIES & RELATED TERMS

Sleep Solutions Inc. reserves the right to change its Sleep Trial Guarantee, Limited Warranties and/or Limited Product Warranties at any time by posting revised terms on this Website. However, such changes will not affect the terms applicable to sales that were concluded prior to the date the revised Sleep Trial Guarantee, Limited Warranty and/or Limited Product Warranties were posted. If any part of our Sleep Trial Guarantee, Limited Warranties or Limited Product Warranties are for any reason unenforceable, that shall not affect the validity and enforceability of any of the remaining provisions of our Sleep Trial Guarantee, Limited Warranties or Limited Product Warranties, as appropriate.

VI. IMPLIED WARRANTIES (FOR CUSTOMERS OUTSIDE OF THE EU AND THE UK)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) THE WARRANTIES AND REMEDIES SET FORTH IN THE SLEEP TRIAL GUARANTEE, LIMITED WARRANTIES AND LIMITED PRODUCT WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES FOR THE PRODUCT AND ARE IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED, AND (II) NO STATUTORY OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND ARE MADE, AND EACH IS HEREBY EXPRESSLY EXCLUDED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON?INFRINGEMENT. TO THE EXTENT STATUTORY OR IMPLIED WARRANTIES CANNOT LAWFULLY BE EXCLUDED, SUCH WARRANTIES SHALL BE LIMITED TO THE DURATION OF AND OTHERWISE BE SUBJECT TO THE SLEEP TRIAL GUARANTEE, LIMITED WARRANTIES AND LIMITED PRODUCT WARRANTIES. WHERE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY APPLICABLE LAW, ALL TERMS AND CONDITIONS OF THE SLEEP TRIAL GUARANTEE AND LIMITED PRODUCT WARRANTIES WHICH ARE NOT INCONSISTENT WITH SUCH APPLICABLE LAW SHALL REMAIN EFFECTIVE BETWEEN THE PARTIES.

VII. ARBITRATION; GOVERNING LAW; VALIDITY

In the event a dispute arises between you and us arising out of the Sleep Trial Guarantee Policy, a Limited Warranty or a Limited Product Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879. Arbitration will take place in Mooresville, North Carolina. The arbitral proceedings shall be conducted in the English language, and the arbitrator must be fluent in English.

The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within one hundred twenty (120) days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional thirty (30) days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.

Our Sleep Trial Guarantee, Limited Warranties and Limited Product Warranties shall be governed by the laws of the State of North Carolina, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction, provided that this governing law provision is inapplicable to residents of Quebec. Our Sleep Trial Guarantee, Limited Warranties and Limited Product Warranties are valid only in the jurisdictions where the Products are sold by Sleep Solutions Inc. itself or through its authorized dealers, and are valid to the extent permitted by the applicable laws of such jurisdictions. The Sleep Trial Guarantee, Limited Warranties and Limited Product Warranties may be subject to further legal rights under local laws. Sleep Solutions Inc. does not exclude, limit or suspend other legal rights you may have under the laws of your state (or country, province, territory or region).

The agreements set forth herein shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

For customers residing in the European Union or the UK:

We can enforce our rights against you in your country of residence.

For customers residing in Quebec:

The law provides a guarantee on the property you buy: it must be able to be used for its normal use for a reasonable period of time. The Consumer Protection Act (the “Act”) provides a guarantee on all goods you buy from a merchant. The good must be usable: (a) for the use for which it is normally intended (section 37 of the Act); and
(b) in normal use for a reasonable length of time, having regard to their price, the terms of the contract and the condition of their use (section 38 of the Act).

For more information on this legal warranty, visit the Office de la protection du consommateur website at www.opc.gouv.qc.ca.

For customers residing in Australia:

In Australia, the Australian Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, and other applicable Australian law (the “Australian Law”) guarantee certain conditions, warranties, undertakings and other legal rights relating to the quality and fitness of purpose of the Products sold to you in Australia

Under the Australian Law, there are certain consumer guarantees that apply automatically to the Product and that cannot be excluded. Apart from any consumer guarantees under the Australian Law, all other warranties express or implied and whether arising by virtue of legislation or otherwise are hereby excluded.

Nothing in this Warranty is intended to exclude, restrict or modify any guarantee, condition, warranty, undertaking or other legal right under the Australian law. This Warranty provides you guarantees and warranties that are in addition to the guarantees and warranties under the Australian law, subject to the exclusions and limitations as well as terms and conditions set out in this document.