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DISPUTE RESOLUTION-PROCESS

Chime Dispute Resolution Process

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Table of contents

I. Dispute Resolution Process

II. Informal Resolution

III. Waiver of Jury Trial

IV. Waiver of Class or Consolidated Actions

V. Severability

VI. Governing Law

VII. Waivers and Limitations

I. Dispute Resolution Process

Thank you for being a customer of Ashley Digital LLC through our brand websites, which include, but are not limited to Nectar Sleep, DreamCloud Sleep, Awara Sleep, Siena Sleep, and Chime Sleep (together, the “Sites” or individually, the “Website”). As used in this Dispute Resolution Process, “we,” “us,” or “our” refers to Ashley Digital LLC and the affiliates, owners, or representatives thereof. 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, your interactions and use of the Sites and our mobile apps, our terms of use, and our privacy policy and practices (each a “Claim” and collectively, the “Claims”). The terms of this Dispute Resolution Process replace any prior version of the Dispute Resolution Process in effect between you and us.You agree to waive participation in a class action.

II. 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 filing any Claim, you must first send an individualized Notice of Dispute to Ashley Digital LLC, Attn: Legal Department – Customer Dispute, 1670 E. 8th Avenue, Tampa, FL 33605. The Notice of Dispute must contain all of the information requested in the sample available here: Download 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 legal proceeding. 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.

III. Waiver of Jury Trial

You and we both agree under this provision to waive our right to trial by jury of any Claim.

IV. Waiver of Class or Consolidated Actions

You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis, and not on a class, collective, consolidated, or representative basis. You and we each agree to waive any right to assert any Claim as a representative of or member in a class or any other representative proceeding or action.

V. Severability

If any provision of this Dispute Resolution Process is found unenforceable, the unenforceable provision will be severed and the remaining terms will be enforced.YOU AND WE UNDERSTAND AND AGREE THAT, BECAUSE OF THIS AGREEMENT TO THIS DISPUTE RESOLUTION PROCESS, NEITHER YOU NOR US WILL HAVE THE RIGHT TO HAVE A JURY TRIAL OR TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER IN A CLASS OF CLAIMANTS OR OTHER REPRESENTATIVE PROCEEDING OR ACTION PERTAINING TO ANY CLAIM.

VI. Governing Law

All matters relating to your purchase of any products or services sold or distributed by us, your use of the Websites 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 Florida, without giving effect to any conflict of laws principles.

VII. Waivers and 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.

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I. Dispute Resolution Process

II. Informal Resolution

III. Waiver of Jury Trial

IV. Waiver of Class or Consolidated Actions

V. Severability

VI. Governing Law

VII. Waivers and Limitations

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