Effective Date: June 8, 2026

Please read the following carefully regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. These terms & conditions contain an agreement to arbitrate that requires the use of arbitration on an individual basis to resolve disputes rather than jury or any other court proceedings, or class actions of any kind.

Agreement

This document shall set forth the agreement ("Agreement") between you and Navien, Inc., operating as Navien OptiSleep ("Navien OptiSleep"). These terms and conditions (these "Terms") apply to the purchase and sale of products and services through navienoptisleep.com (the "Site"). These Terms are subject to change by Navien OptiSleep without prior written notice at any time, in our sole discretion.

The Agreement shall include the terms and conditions in this document and additional terms within the Site operated by Navien OptiSleep, including but not limited to the Terms of Sale and Privacy Policy ("Additional Terms"). By purchasing a product from this Site, you acknowledge and agree to be legally bound by the Terms set forth in this Agreement.

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products and services to you. Our acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Navien OptiSleep makes a conscientious effort to describe and display its products and services accurately on the Site. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. If an item's correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. We reserve the right to refuse any order you place with us.

Modifications to the Products and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the products (or any part thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the products.

Prices and Payment Terms

All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes or charges for shipping and handling. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes.

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the product(s) to you. Risk of loss will pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns and Exchanges

Returns and Exchanges. Returns or exchanges must be initiated within thirty (30) nights of delivery. To complete your return or exchange, we require a receipt or proof of purchase. To be eligible for a full return or exchange, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Only regular priced items may be refunded or exchanged. Sale items cannot be refunded or exchanged.

Processing. To return product(s), you must contact us at optisleep@navien.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. Once an RMA is issued, returns must be received by us within 7 business days. No returns of any type will be accepted without an RMA number. Return shipping costs may be covered at our discretion. You bear the risk of loss during shipment.

Once your return is received and inspected, we will notify you of the approval or rejection of your refund. If approved, a credit will automatically be applied to your original method of payment.

Late or Missing Refunds. If you haven't received a refund yet, first check your bank account, then contact your credit card company, then contact your bank. If you still have not received your refund, please contact us at optisleep@navien.com.

Exchanges. We only replace items if they are defective or damaged. Send us an email at optisleep@navien.com with detailed information regarding the reason for the requested exchange. Upon receipt of an exchange authorization email, please send your item to 20 Goodyear, Irvine, CA 92618. We reserve the right to deny an exchange request in its sole and absolute discretion.

Return Shipping. Return shipping costs may be covered at our discretion. We recommend using a trackable shipping service when returning any item. We do not guarantee receipt of returned items that are not shipped with tracking.

Goods Not for Resale or Export

You represent and warrant that you are buying products or services from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.

Proprietary Information

All information, documents, products and services, trademarks, logos, graphics, and images ("Materials") provided on this Site are copyrighted and trademarked and are the property of Navien, Inc. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, and the laws of privacy and communication statutes.

Trademarks

All copyright, logos and designs (including art, drawings, text, images, videos, trademarks, service marks and trade names) are proprietary to us or other respective owners that have granted the Site the right and license to use such intellectual property. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this Site without the express written permission of Navien, Inc. is strictly prohibited.

Limited Product Warranty and Disclaimer of Warranties

Navien, Inc. warrants that for a period of two (2) years from the date of purchase, the product shall be free from defects in material and workmanship. Product warranty registration at navienoptisleep.com is required to validate the warranty.

Navien, Inc.'s Limited Warranty shall be void in the event of: damages caused by accidental, negligent or misuse of the product; use on improper voltage or current; use contrary to operating instructions; disassembly, repair or alteration by anyone other than Navien, Inc. or its authorized repair representative; acts of god; damage caused by failing to properly store the product; exposure of the product to extreme heat or cold; or exposure of the product to liquids, smoke or other damaging substances.

Other than the limited product warranty provided herein, there are no other warranties, express, implied or statutory. Buyer's sole and exclusive remedy against Navien, Inc. shall be no more than the total amount received by Navien, Inc. from buyer. Navien, Inc. neither assumes nor authorizes the assumption of any obligation or liability in connection with the product.

Limitation of Liability

In no case shall Navien OptiSleep, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, arising from your use of any of the products purchased from us.

Force Majeure

We will not be liable or responsible to you for any failure or delay in our performance under these Terms when such failure or delay is caused by acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, terrorist threats or acts, riot, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers.

Indemnification

You agree to indemnify, defend and hold harmless Navien OptiSleep and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees ("Indemnified Parties") from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us.

Entire Agreement

These Terms and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written.

Jurisdiction

This Site is operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California.

Notices

Notices to Navien OptiSleep shall be delivered to:
Navien OptiSleep (Navien, Inc.)
20 Goodyear, Irvine, CA 92618
Tel: (877) 689-1541
Fax: (949) 420-0268
optisleep@navien.com

Notice to California Residents

Under California Civil Code Section 1789.3, California users may contact us at optisleep@navien.com or write to Navien OptiSleep, Attn: Navien OptiSleep Operations Manager, 20 Goodyear, Irvine, CA 92618, or call (949) 420-0268. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Binding Arbitration

You agree that any claim, dispute, or controversy against Navien OptiSleep arising out of or connected in any way with this Agreement shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA. The arbitration shall be held in the county of Orange, state of California. There shall be no authority for any claims to be arbitrated on a class or representative basis. For more information on AAA, visit adr.org.