The DreamCloud Terms Of Use - DreamCloud Sleep

Terms & Conditions

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Call +1 (833) 237-3269 Email support@dreamcloudsleep.com

Table of contents

I. CHANGES

II. GENERAL USE

III. USING SITES AND THE WEBSITE'S SERVICES

IV. PASSWORD-PROTECTED AREAS OF THE WEBSITE

V. PAYMENTS

VI. CANCELLATIONS, RETURNS, EXCHANGES, AND REFUNDS

VII. WHITE GLOVE SERVICE

VIII. OFFER CODES

IX. ELECTRONIC COMMUNICATIONS

X. DREAMCLOUD'S TEXT MESSAGE PROGRAM

XIV. CUSTOMER PRODUCT REVIEW WEBSITE MODERATION POLICY

XV. UNAUTHORIZED ACTIVITIES

XVI. PROPRIETARY RIGHTS

VII. DISCLAIMER OF WARRANTIES; LIMITED WARRANTY

XVIII. LIMITATION OF LIABILITY

XIX. LOCAL LAWS; EXPORT CONTROL

XX. FEEDBACK

XXI. DISPUTE RESOLUTION PROCESS

XXII. GENERAL

XXIII. CALIFORNIA CONSUMER NOTICE

XXIV. CONTACT US

EFFECTIVE DATE: JUNE 18, 2026Welcome to the Resident Home, LLC (“Resident”) brand websites, which include, but are not limited to Nectar Sleep, DreamCloud Sleep, Awara Sleep, Siena Sleep, and Cloverlane (together, the “Sites” or individually, the “Website”). Please review these Terms of Use (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your access to and use of the Sites as well as any services (“Services”) we may provide you through Sites. These Terms form a contract between us.READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A WAIVER OF CLASS OR CONSOLIDATED ACTION THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.

I. CHANGES

We may change the Sites and Services we offer and/or choose to modify, suspend or discontinue this Website at any time and without notifying you. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time. We will inform you of any modifications to these Terms by posting them on this Website. Continued use of this Website following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website. Unless otherwise stated, these expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

II. GENERAL USE

We invite you to use this Website for individual, consumer purposes (“Permitted Purposes”). In these Terms we are granting you a limited, personal, non-exclusive and non-transferable license to use and to display the text, data, information, software, graphics, photographs and other content (“Materials”) on the Sites; your right to use the Materials is conditioned on your compliance with these Terms. You have no other rights in this Website or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner. If you make copies of any of this Website while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website. If you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials (and any copies thereof).

III. USING SITES AND THE WEBSITE'S SERVICES

We appreciate you visiting this Website and allow you to visit the Website without registering with Us. By using this Website, you represent, acknowledge and agree that you are at least 18 years of age. However, in order to access certain password-restricted areas of this Website and to use certain Services and Materials offered on and through this Website, We may require you to successfully register an account with Us.

IV. PASSWORD-PROTECTED AREAS OF THE WEBSITE

If you want an account with Us, you must submit the following information through the account registration page on this Website:1. A working e-mail address;2. Your first and last name; and,3. A password.You may also provide additional, optional information so that we can provide you a more customized experience when using this Website. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an e-mail detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes. If you forget your password, we will send a password update to your provided email address.You are responsible for complying with these Terms when you access this Website, whether directly or through any account that you may set up through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of This Website as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website. Should you believe your password or security for This Website has been breached in any way, you must immediately notify Us.

V. PAYMENTS

You agree to pay all applicable fees related to purchases made on this Website. We may suspend or terminate your account and/or access to Our Services and this Website if your payment is late and/or your offered payment method (e.g., credit card or PayPal) cannot be processed. By providing a payment method, you expressly authorize Us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your purchases. We partner with Affirm to offer financing of purchases on many of our Sites. If you select to make a purchase using the financing option, your purchase will be subject to Affirm’s Terms, including completion of a credit check and approval. See Affirm – Help for details.We understand that you might cancel your account, but please know that we will only provide refunds in accordance with the “Cancellations, Returns, Exchanges, and Refunds” section below. Risk of loss and title for products you purchase from Us pass to you upon delivery of any such products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

VI. CANCELLATIONS, RETURNS, EXCHANGES, AND REFUNDS

You may cancel an order any time prior to processing. You may return any of your products for a full refund (not including fees for shipping and/or White Glove Service) subject to the terms and conditions for returns for each of our products. Our return and refund policies for our products, which are incorporated into these Terms, are available on each of our Sites.Refunds will be issued in the form of the original payment. If you purchased a product using an Offer Code (as defined herein), the dollar value of the Offer Code will not be refunded or credited back if any or all products are returned.Unless a product exchange is requested due to a manufacturing defect or warranty claim, exchanges are processed as return and refund requests as described herein. After returning the product to be exchanged, you may place an order for the replacement product. You may only request one exchange. No refunds will be given for shipping fees or for White Glove Service fees on product exchanges. Products must be physically located in the contiguous United States, Alaska, and Hawaii to be eligible for return and/or warranty claims.If you wish to return any products you purchased from us, please contact Customer Service either by email at returns@dreamcloudsleep.com or by phone at +1 (833)-237-3269 to arrange for the return. Once the products have been returned and if such products fulfill the terms and conditions herein, you will be refunded the entire amount paid for such products less (i) any offer code or other discounts, (ii) fees for shipping and (iii) fees for White Glove Services.

VII. WHITE GLOVE SERVICE

White Glove Service is a premium delivery, assembly, and haul-away service offered by DreamCloud and fulfilled by 3rd-party professionals or “Delivery Agents”. The Delivery Agents are contracted by DreamCloud to get your bed and/or bedroom furniture set up quickly and efficiently so you can immediately start enjoying restful sleep.There are a few terms that apply to this program:1. Purchases must be paid in full or financing arrangements completed prior to scheduling delivery;2. The White Glove Service fee is non-refundable;3. The delivery date and time-frame will be arranged between you and the Delivery Agent and rescheduling is at their discretion;4. If you need to reschedule, please do so at least 48 hours prior to the original delivery date. If you are unable to make satisfactory delivery arrangements within 10 days of purchase, a standard porch drop-off will be made but the White Glove Service fee will not be refunded;5. Scheduling and delivery timeframes may be extended for delivery areas that are outside of Delivery Agents’ standard coverage areas (generally remote, rural, or far from population centers). In those cases, you will be notified accordingly;6. An adult must attend and observe the delivery, assembly process, and haul-away process. Customers must confirm that someone over the age of 18 will be available to receive the delivery during the delivery time frame;7. The Delivery Agents will maintain communication via text or phone to provide updates regarding the delivery time frame. Please respond accordingly so they can provide the efficient and convenient service that you expect;8. The Delivery Agents may take before-and-after photographs to help resolve any potential claims related to the delivery. Copies may be requested by Customer and such photographs will be deleted once any potential delivery-related disputes are resolved;9. If no one is home to receive your scheduled delivery, the original White Glove Service fee will be charged and your purchase will be left on the porch. Arrangements for assembly and setup may be made directly with the Delivery Agent for an additional fee;10. Customers must confirm that packages will fit through door openings, elevators and stairways. Should your purchase (as packaged) not fit, a standard porch drop-off will be made, but the White Glove Service fee will not be refunded;11. Our Delivery Agents will not move or handle your existing furniture. If you need assistance with existing furniture you should contract separately with a furniture-moving specialist prior to the delivery date in preparation of delivery;12. The delivery area, including the path to the room where the bed will be set up as well as the room itself, must be clear of obstructions, children, pets, valuable or fragile items. Once the delivery area is set and packages placed there, it cannot be changed;13. The driveway or adjacent street access must be clear of snow, vehicles, bicycles, or other obstacles to ensure a safe delivery experience for you and our Delivery Agents. If the delivery vehicle cannot reasonably access the property in a safe manner, the Delivery Agents may postpone or cancel the delivery;14. Mattress removal is on a one-for-one basis, i.e. only one mattress will be removed for each one that is delivered. Our Delivery Agents reserve the right to refuse handling soiled, stained, or pest-infested mattresses, or those that show evidence of possible insect infestation;15. Delivery Agents will not handle any electronics associated with your purchases beyond the simple plugging-in of an electrical cord into the nearest electrical outlet;16. Deliveries above the second floor without sufficient elevator access may be subject to a delivery surcharge and must be disclosed and paid at the time of purchase fee that must be paid at the time of purchase. Deliveries requiring hoists or over balconies are not permitted;17. Customer must confirm satisfactory delivery by signing the delivery receipt once the Delivery Agents are finished. Any damage to your home or property must be reported at the time of delivery, while the Delivery Agents are present. Point out any damage to the Delivery Agent and contact DreamCloud’s Customer Success either by email at returns@dreamcloudsleep.com or by phone at +1 (833)-237-3269 immediately. Photographs of the damage or relevant receipts may be requested; and,18. Purchased items delivered to the Customer via White Glove Service that need to be reshipped, either due to warranty claim or product replacement, are not eligible for White Glove Service delivery unless the replacement product is able to be reshipped within seven (7) days of the original White Glove Service delivery date.

VIII. OFFER CODES

From time to time, we may offer qualified consumers offer codes (“Offer Codes”) through various communications and advertising channels that are redeemable towards a purchase on the Website, while supplies last, and subject to certain product exclusions or any other restrictions as determined and communicated by Us in Our sole discretion. Only valid Offer Codes provided by Us and fulfilling the terms of such Offer Code will be honored at checkout. Offer Codes supplied by a third party unauthorized to provide such Offer Codes by Us will not be considered valid. Each Offer Code is non-transferable and valid for single use on an item as provided in the terms and in Our sole discretion. Offer Codes cannot be used towards taxes. The Offer Code must be provided in the applicable box at checkout when purchasing the product. We are not responsible for lost, stolen or corrupted Offer Codes or any unauthorized use of the Offer Codes. Offer Codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any Offer Code will not be refunded or credited back if any or all of the products are returned. Offer Codes may have expiration dates and we may decide to stop accepting any Offer Codes or stop any promotion at any time in Our sole discretion. Offer Codes are void if copied, transferred, sold, exchanged or expired and where prohibited. Requests not complying with all terms and conditions of the Offer Codes will not be honored. Current promotion and offer details can be found here.

IX. ELECTRONIC COMMUNICATIONS

By using the Website and/or the Services provided on or through the Website, you consent to receiving electronic communications from Us. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services provided on or through the Website. These electronic communications are part of your relationship with Us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

X. DREAMCLOUD'S TEXT MESSAGE PROGRAM

DreamCloud currently utilizes the services of Klaviyo, Inc. for text message marketing. By participating in DreamCloud’s Text Messaging Program, you agree to receive recurring automated promotional and personalized marketing text (e.g. SMS and MMS) messages (e.g. cart reminders) from DreamCloud, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Standard carrier msg & data rates may apply.Message frequency will vary. DreamCloud reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. DreamCloud also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. DreamCloud, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages. You also agree to DreamCloud’s greater Terms of Use and Privacy Policy.We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).

X.A. Cancellation

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that DreamCloud and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from DreamCloud through any other programs you have joined until you separately unsubscribe from those programs.

X.B. Help

Text the keyword HELP to our shortcode to return customer care contact information.

X.C. Customer Care

If you are experiencing any problems, please contact us via e-mail at returns@dreamcloudsleep.com.

X.D. Contact

This text message program is a service provided by Klaviyo, Inc. to Resident Home LLC, 1670 E 8th Ave., Tampa, FL 33605, Attn: Legal Department. You may contact us at the e-mail address listed above.

X.E. Dispute Resolution

In the interest of resolving disputes between you and DreamCloud in the most expedient and cost effective manner, you and DreamCloud agree that any dispute arising out of or in any way related to these text messaging terms and conditions (“Messaging Terms”) or your receipt of text messages from DreamCloud or its service providers will be resolved according to Section XXI of these terms.

XI. PRIVACY POLICY

We respect the information that you provide to Us, and want to be sure you fully understand exactly how we use that information. So, please review Our Privacy Policy available here (“Privacy Policy”) which explains everything in better detail.

XII. LINKS TO THIRD-PARTY SITES

We think links are convenient, and we sometimes provide links on this Website to third-party websites. If you use these links, you will leave this Website. We are not obligated to review any third-party websites that you link to from this Website, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from this Website, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.

XIII. SUBMISSIONS

Certain areas of this Website (e.g. customer ratings and review areas) may permit you to submit feedback, information, data, text, software, messages, or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.By submitting any User Submission, you are promising Us that:1. You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to Us the rights in your User Submissions as described in these Terms;2. You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;3. Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;4. You voluntarily agree to waive all “moral rights” that you may have in your User Submission;5. Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;6. Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);7. Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;8. You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;9. Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);10. Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;11. Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and,12. Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.By submitting a User Submission, you grant to Us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:1. Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;2. Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in Our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service); and,3. Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.We may, but are not obligated to, pre-screen User Submissions or monitor any area of this Website through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through this Website and may remove at any time or refuse any User Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.

XIV. CUSTOMER PRODUCT REVIEW WEBSITE MODERATION POLICY

XIV.A. Review Moderation Guidelines

Whether solicited or unsolicited and without regard to the star value of the review, customer reviews will be curated in a timely manner and in Resident’s sole discretion as follows:When we remove a customer review:1. If the review is incomprehensible;2. If the review includes obscene or vulgar language;3. If the review includes harassment or threats of violence or harm;4. If the review is unrelated to the review or use of the product purchased;5. If the review includes inappropriate references to race, religion, gender, sexuality, or ethnicity;6. If the review is false, misleading, or appears intended to direct customers to a competitive website or affiliate link;7. If the review includes non-public, personal information such as emails, phone numbers, physical addresses, or other forms of contact information;8. If, in the good faith judgment of the Resident Marketing team, the review is suspected to have been created by:a) A bot (and not a real human);b) A competitor (and not a real customer);c) A consumer who did not actually purchase the product or receive services; and,9. If, in the good faith judgment of the Resident Marketing team (and in Our sole discretion), the review is deemed to be inappropriate or offensive for any other reason.

XIV.B. Violation(s) of the Guidelines

A customer’s violation of this Policy may lead to the restriction of the customer’s ability to post reviews, removal of their content, or suspension or termination of the customer’s Resident account.

XIV.C. Uniform Application of Review Moderation Guidelines

All guidelines are applied uniformly to all reviews submitted, regardless of whether the review provides positive or negative customer feedback, particularly when deciding whether or not we remove or refuse to post a review. For example, if we withhold a negative review for including obscene language, we will also withhold positive reviews that include obscene language.

XIV.D. "Verified" Status Reviews

Customer reviews that are marked “Verified” visually indicate that the review was provided by:1. A real person (and not a bot);2. An actual consumer (and not a competitor); and,3. Someone who actually purchased the product being reviewed.As such, they will only be removed if they violate any of the guidelines listed in the chart above.

XIV.E. Sorting & Filtering Reviews

All customer reviews will include the date of the review, and their order may be sortable by date, relevance, or some variables selectable by the consumer; Resident reserves the right to adjust the filters and sorting features at any time.

XIV.F. Outreach & Solicitation

On occasion, Resident may identify and contact our customers to solicit a customer review. If any incentive is provided in exchange for a review (e.g., discount, payment, opportunity, etc.), then the reviewer must disclose that “material” connection clearly in the review. See the FTC’s Endorsement Guidelines for more details. To the extent the reviewer fails to disclose such compensation, Resident will remove the review consistent with these guidelines.

XV. UNAUTHORIZED ACTIVITIES

To be clear, we authorize your use of this Website only for Permitted Purposes. Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. This is because as between you and Us, all rights in this Website remain Our property.Unauthorized use of this Website may result in violation of various United States and international copyright laws. Unless you have written permission from Us stating otherwise, You are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):Unauthorized use of this Website may result in violation of various United States and international copyright laws. Unless you have written permission from Us stating otherwise, You are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):1. For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;2. In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;3. In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;4. To stalk, harass, or harm another individual;5. To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;6. To interfere with or disrupt this Website or servers or networks connected to this Website;7. To use any data mining, robots, or similar data gathering or extraction methods in connection with this Website; or,8. Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.You agree to hire attorneys to defend Us if you violate these Terms and that violation results in a problem for Us. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Our defense of such claim.

XVI. PROPRIETARY RIGHTS

Nectar™, Nectar By Resident™, Adjustable Comfort™, Forever Warranty™, and Resident™ are trademarks of Resident and/or its subsidiaries in the United States. Unless otherwise specified in these Terms, all Materials, including the arrangement of them on this Website are Our sole property.

VII. DISCLAIMER OF WARRANTIES; LIMITED WARRANTY

THIS WEBSITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that this Website will meet your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by you through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.The products sold through the Sites are subject to the terms of the applicable limited warranties available at each of our sites here (the “Product Warranties”).The Product Warranties are incorporated by reference into these Terms. To the extent there is a conflict between these Terms and the terms of any Product Warranty and these Terms, the terms of the applicable Product Warranty shall govern.

XVIII. LIMITATION OF LIABILITY

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT BE MORE THAN $100.00.

XIX. LOCAL LAWS; EXPORT CONTROL

We control and operate this Website from Our headquarters in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations. If you use this Website outside the United States of America, you are solely responsible for following applicable local laws.

XX. FEEDBACK

Any submissions by you to Us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

XXI. DISPUTE RESOLUTION PROCESS

Thank you for being a customer at www.dreamcloudsleep.com. As used in this Dispute Resolution Process, “we,” “us,” or “our” refers to Resident Home, LLC. This Dispute Resolution Process governs any and all claims relating in any way to your purchase of any products or services sold or distributed by us, the use of our www.dreamcloudsleep.com website, our Terms of Use, and our Privacy Policy and practices (each a “Claim” and collectively, the “Claims”).You agree to resolve Claims through arbitration.

XXI.A. Scope of Arbitration

Any and all Claims will be resolved by binding arbitration, rather than in court, except that, as specified below, if a Claim is within the jurisdiction of a small claims court either you or us may choose to take the Claim to that court instead of arbitration. The Federal Arbitration Act (9 U.S.C. §§ 1-16) and federal arbitration law apply to and govern this Dispute Resolution Process relating to arbitration.

XXI.B. Informal Resolution

You and we agree that good faith informal efforts to resolve claims often can result in a prompt, low-cost and mutually beneficial outcome. Before initiating any arbitration, you must first send an individualized Notice of Dispute to:Resident Home LLC,1670 E 8th Ave.,Tampa, FL 33605,Attn: Legal DepartmentThe Notice of Dispute must contain all of the information requested in the Example Notice of Dispute available here: Example Notice of Dispute. We will provide the same information if we have a dispute with you. This Notice of Dispute is a prerequisite to initiating any arbitration. A properly completed and served individualized Notice of Dispute shall toll the Limitations Period for sixty (60) days, during which the parties shall make a good faith effort to try to resolve the dispute, including conducting a telephonic or video conference to discuss the matter if either party so requests.

XXI.C. Arbitration Forum & Fees

Upon the conclusion of the tolling period under the Informal Resolution procedure, including any extension thereof due to the Batch Arbitration procedure as applicable, a party may initiate an arbitration proceeding. To begin an arbitration proceeding, you must send a letter requesting arbitration, describing your Claim, to our registered agent Corporation Service Company. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If the arbitrator finds that you cannot afford to pay your portion of any filing, administrative, hearing, or other arbitral forum fees and you cannot obtain a waiver of fees from the arbitral forum, we will pay them for you. Except as provided pursuant to any applicable offer of judgment law, neither party will recover attorneys’ fees and costs in arbitration unless the arbitrator determines the Claim was submitted for purposes of harassment or is frivolous. You may choose to have the arbitration conducted by telephone, by video conference, or in person in the county where you live or at another mutually agreed location.

XXI.D. Waiver of Jury Trial

You and we both understand that by agreeing to this binding arbitration provision, both are giving up their right to trial by jury of any Claim. There is no judge or jury in arbitration. Even if a Claim proceeds in court rather than in arbitration for any reason, you and we each waive any right to a jury trial.

XXI.E. Waiver of Class or Consolidated Actions

You and we each agree that any dispute resolution proceedings, including any arbitration, will be conducted only on an individual basis and not on a class, collective, consolidated, private attorney-general, or representative basis. Class-action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunction, or any other representative proceeding or action are not allowed. A court will have exclusive authority to determine the validity or scope of this clause and, if necessary, to enjoin arbitrations in violation hereof. You and we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

XXI.F. Batch Arbitrations

To increase efficiency of resolution, in the event your arbitration involves Claims similar to those presented by at least 50 other customers represented by the same lawyers as you or lawyers who are or have coordinated, whether formally or informally, with yours (“Related Cases”), this provision governing batch arbitrations will apply. Counsel for you and other customers and counsel for us shall each promptly select a number of cases, not to exceed twenty, among the Related Cases that shall be submitted and resolved in individual arbitrations (“the first batch”). The remaining cases among the Related Cases shall not be filed in arbitration until all of the cases in the first batch have been resolved. If the parties are unable to resolve the remaining cases after the conclusion of all of the cases in the first batch, each side may select a number of cases, not to exceed twenty, among the Related Cases that shall be submitted and resolved in individual arbitrations (“the second batch”). This batching process shall continue until the parties resolve all of the Related Cases, either through settlement or arbitration. If you are not permitted to submit your Claim to arbitration as a result of this Batch Arbitration provision, the Limitations Period shall remain tolled until the date on which you are permitted to submit your Claim hereunder. A court will have exclusive authority to enjoin the improper mass filing of arbitration demands against us or otherwise enforce compliance with the Dispute Resolution and Batch Arbitration provisions. You agree that in the event mass arbitrations are filed in contravention of this provision, injunctive relief is necessary and appropriate.

XXI.G. Arbitrator’s Power and Duties

The arbitrator will apply applicable law and the provisions of this Dispute Resolution Process, and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Except as otherwise specified in this Dispute Resolution Process and agreement to arbitrate, the arbitrator has the same authority to award relief on an individual basis (including injunctive and declaratory relief or statutory damages) as a court of law. However, the arbitrator will not have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitration award shall be binding only among the parties thereto and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator’s decision is final and binding on you and us. You understand and acknowledge that court review of an arbitration award is limited.

XXI.H. Small Claims Court

If a Claim is within the jurisdiction of a small claims court, either you or us may choose to take the Claim to that court instead of arbitration as follows: (a) a party may file the party’s Claims in small claims court without first filing in arbitration; (b) after a case is filed in arbitration, but before an arbitrator is formally appointed to the case by the arbitral forum, a party can send a written notice to the opposing party and the arbitral forum that the party wants the case decided by a small claims court. After receiving this notice, the arbitral forum will administratively close the case; or (c) after the arbitrator is appointed, if a party wants to take the case to small claims court and notifies the opposing party and the arbitral forum, it is up to the arbitrator to determine if the case should be decided in arbitration or if the arbitration case should be closed and the dispute decided in small claims court.

XXI.I. Severability

If any provision of the agreement to arbitrate is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced; provided, however, that if (a) the provision above prohibiting class-wide, collective, consolidated, private attorney-general, or other group arbitration is deemed invalid as to any Claim by you, then this entire arbitration agreement shall be null and void and shall not apply to that dispute, which shall be resolved in a judicial proceeding in federal or state court of competent jurisdiction or, as applicable, a small claims court; or (b) if the bar on requests for a public injunction is deemed unenforceable for any reason, then the public injunctive relief Claim will be decided by a court and the parties will ask the court to stay that Claim until the other Claims have been finally concluded in an individual arbitration.YOU AND WE UNDERSTAND AND AGREE THAT, BECAUSE OF THIS PROVISION, NEITHER YOU NOR US WILL HAVE THE RIGHT TO GO TO COURT EXCEPT AS PROVIDED ABOVE OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.

XXI.J. Governing Law

All matters relating to your purchase of any products or services sold or distributed by us, your interactions at our retail stores, the use of our www.dreamcloudsleep.com and our mobile apps, our Terms of Use, and our Privacy Policy and practices, and any dispute or Claim arising therefrom or related thereto, shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws principles.

XXI.K. Waivers & Limitations

Regardless of any statute or law to the contrary, all Claims must commence within one (1) year after such Claim arose or be forever barred.

XXII. GENERAL

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you. We will even provide you with recommended necessary corrective action(s) because we value this relationship.However, certain violations of these Terms, as determined by Us, may require immediate termination of your access to this Website without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in San Francisco County, California. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving Our rights. These Terms are the entire agreement between you and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

XXIII. CALIFORNIA CONSUMER NOTICE

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Service is provided by Resident Home LLC and / or its subsidiaries and is owned and operated by Resident Home LLC. If you have a question or complaint regarding the Website or Service, please contact Customer Service either by email at returns@dreamcloudsleep.com or by phone at +1 (833)-237-3269. You may also contact Us by writing to Resident Home LLC, 1670 E 8th Ave., Tampa, FL 33605, Attn: Legal Department. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

XXIV. CONTACT US

If you have any questions about these Terms, you may contact us by email at legal@residenthome.com or if you would like to contact Us for any other reason, you can reach Us either by email at returns@dreamcloudsleep.com or by phone at +1 (833)-237-3269.

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XX. FEEDBACK

XXI. DISPUTE RESOLUTION PROCESS

XXI.A. Scope of Arbitration

XXI.B. Informal Resolution

XXI.C. Arbitration Forum & Fees

XXI.D. Waiver of Jury Trial

XXI.E. Waiver of Class or Consolidated Actions

XXI.F. Batch Arbitrations

XXI.G. Arbitrator’s Power and Duties

XXI.H. Small Claims Court

XXI.I. Severability

XXI.J. Governing Law

XXI.K. Waivers & Limitations

XXII. GENERAL

XXIII. CALIFORNIA CONSUMER NOTICE

XXIV. CONTACT US

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