Your new Acesleep mattress (the “Product” and or the mattress) is covered by a 20 year limited warranty. For 20 years after your purchase of a new Product, when it has a defect covered under the warranty, we will replace or repair it. This includes all the foam parts of the Product determined to have a defect.

This warranty is valid only for the original purchaser from the original purchase date of the original Product purchased from Acesleep and located in the United States and is non-transferable. If the original purchaser sells or otherwise relinquishes ownership of the Product to another, the subsequent owner accepts the product “as is” and “with all faults.”

This warranty applies to mattress and not to any other products associated with the Product. This warranty is applicable only to Products in normal in-home consumer use.

Deterioration causing the Mattress to have a visible indentation greater than (0.75″) three quarters inches that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or bed base. Normal wear requires that a Mattress be continuously supported by a matching foundation or adjustable bed base with a proper bed frame sufficient to support the collective weight of the Mattress and user(s).

Any physical flaw in the Mattress that causes the foam material to evidence degradation, split or crack, despite normal usage and proper handling. Any physical flaw in the craftsmanship of the Product that causes permanent damage to the memory foam despite proper setup and normal use. Any physical flaw in the craftsmanship of the cover, including seams and zipper assembly. Acesleep will send you a new mattress for replacement.

Replaced Mattresses are subject to the same Warranty as the original Mattress. For example, if you obtain a replaced or repaired Mattress the warranty term of the replaced or repaired Mattress begins from the date of purchase of the original Mattress.

This Limited Warranty does not cover:

A normal increase in softness of the memory foam which is normal and does not affect the pressure-relieving quality of the Product.

Comfort preference.

Physical abuse or damage to the structure and / or cover material, including but not limited to, burns, cuts, tears, liquid damage & stains, or soiling.

Damage from using an improper bed frame, foundation, platform bed, or adjustable base.

Product sold by resellers who are not authorized retailers.

Product sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the product is not “new” or of “first quality”, or has previously been purchased or used by another consumer.

In order for this Warranty to apply, the Mattresses must be used on a firm, solid-surface, such as a bed base that is structurally capable of supporting the weight of the Mattress and user(s) for the entirety of its use.

You must return your Mattress or Mattress Cover and show proof of original purchase. Should shipping costs be required to return your Mattress, you will not be responsible for those costs. Acesleep will repair or replace (as applicable) and ship your Mattress or Upgrade Mattress back to you. Replaced Mattresses are subject to the same limited Mattress Warranty as the original Mattress. If you obtain a replaced Mattress, the warranty term of the replaced Mattress begins from the date of purchase of the original Mattress.

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state and jurisdiction to jurisdiction.

To the extent permitted by law, this warranty and the remedies set forth herein are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects. In so far as such warranties cannot be disclaimed, Acesleep limits the duration of such warranties to the shorter of either a) the duration of this written warranty, or b) any maximum duration for implied or statutory warranties provided by statute. Some states do not allow exclusions or limitations on how long an implied warranty may last, so the above limitation may not apply to you.

Acesleep limits the remedies for such warranties to, at Acesleep’s option, the repair or replacement services described herein.to the maximum extent permitted by applicable law and except as set forth in this limited warranty, in no event will Acesleep or its suppliers be liable for procurement of substitute products or other special, incidental, consequential or indirect damages arising out of or related to the Acesleep mattress or its use by you or any third party, whether under theory of contract, tort (including negligence), indemnity, product liability or otherwise. This limitation will apply even if Acesleep has been advised of such damages and notwithstanding the failure of essential purpose of any limited remedy. Acesleep’s total liability will not exceed the purchase price paid for the mattress giving rise to such liability. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

In the event a dispute arises between you and Acesleep arising out of this Limited Mattress 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.

You must seek arbitration for disputes arising out of this Limited Mattress Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss

Warranty Act, then arbitration is not required.

Arbitration will take place in New York, New York.

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 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 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.