Casper Canada Terms and Conditions

I. Privacy

We have adopted a Privacy Policy that you should refer to in order to fully understand how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms by reference.

II. Electronic communication

When you visit any of the Sites, send us emails or engage with us on our various social media channels, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by email, by direct message on our various social media channels, or by posting notices on any Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

If you choose to receive marketing text messages from us, either via our Sites or by sending a text message indicating your consent, you consent to receive marketing or promotional SMS text messages from us sent through an automatic system. You can opt out of receiving any further text messages by replying “STOP”. For help, reply “HELP” to any text message.

If you change or deactivate the phone number you provided, you agree to update your phone number to prevent us from inadvertently communicating with anyone who acquires any phone number previously attributed to you.

III. Eligibility

The Sites are intended for use by adults only. If you use the Sites or any Casper Store to purchase Products, you represent that you are of legal age to enter into any purchase agreement through the Sites or any Casper Store and become bound by its terms. If you are under the age of majority in the jurisdiction in which you reside, your parent or guardian should use the Site on your behalf and you should not use the Site on your own or provide any personal information to Casper.

If you are using a Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; and (c) agree to be bound by these Terms on behalf of that Organization.

IV. Copyright

Unless otherwise noted, all content included on any Site, featured in any Casper Store, on any Product, or through any Third-Party Seller, including images, illustrations, designs, icons, photographs, video clips, and written and other materials (together, “Casper Content”) is the property of Casper or its licensors, partners, or affiliates and is protected by Canadian intellectual property laws. The compilation of each Site is the exclusive property of Casper and is protected by Canadian intellectual property laws. Any unauthorized use of any Casper Content on any site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. You may use the materials or content on a site only with our prior written and express authorization. To inquire about obtaining authorization to use the materials or content on the Sites, please contact us at hello@casper.ca.

V. Trademarks

All trademarks, service marks, and trade names, including but not limited to “Casper” and related icons and logos (collectively the “Marks”) that appear on any Site, in any Casper Store, through any Third-Party Seller, or on any Product, are proprietary to Casper. You may not display or reproduce the Marks in any manner without the prior written consent of Casper, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through the Sites, any Casper Store or through any Third-Party Seller.

VI. Limited license and access to the Sites

We grant you a limited license to use the Sites for personal use only. Consequently, this grant does not allow you to do any of the following: (a) resell or make any commercial use of the Sites or any of the contents of the Sites; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Sites not intended to be so read, including using or directly viewing the underlying HTML or other code from the Sites except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of the Sites (including any Marks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Sites or to collect any information from the Sites or any other user of the Sites.

VII. Fees and payments; shipping; in-home setup; third-party seller purchases

Prices. The price for Products available for purchase through any Site will be displayed to you on that Site. The price for Products available for purchase through any Casper Store will be displayed next to or adjacent to the Product. In each case, the prices displayed do not include taxes. Prices for the Products are displayed in Canadian dollars. Any applicable taxes will be communicated to you before you place an order. There is no charge for shipping of Products unless otherwise indicated. Additional shipping fees apply for the Northwest Territories, Yukon and Nunavut, the J0M FSA in Quebec, and the V0T 1C0 postal code in British Columba, and as otherwise indicated by Casper in its sole discretion.

Payments. The Sites and the Casper Stores currently use third parties to process payments. Our third-party payment processors accept payments through Paypal and various credit cards, including but not limited to Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen. You may also finance your purchase of Products through Affirm or Flexiti, as detailed on the payment screen.

In-home setup. For in-home setup and mattress removal, a customer or adult must be present at the scheduled time and delivery address. If no adult is present at the time of delivery, Casper reserves the right to leave the package with a secure receiving authority (e.g., doorman, concierge, or building package center). All mattresses removed using Casper’s in-home setup must be in sanitary condition and safe for Casper personnel to handle, as determined by Casper in its sole discretion. In-home setup fees are final and will not be refunded in the event you return any of the Products.

Third-Party Seller purchases. Casper may offer certain of its Products through Third-Party Sellers. Casper does not control any Third-Party Seller, and your order, purchase, receipt, or use of any Product provided by any Third-Party Seller is a transaction solely between you and such Third-Party Seller. Each Third-Party Seller may have their own terms, guidelines, or rules independent of these Terms, and you are fully responsible for reviewing and abiding by any such terms, guidelines, or rules. All access and use of any site controlled by a Third-Party Seller or any retail locations operated by a Third-Party Seller are at your own risk.

VIII. Discount codes; referral program

From time to time, Casper may offer qualified consumers “discount codes” through a variety of promotional activities and communications (collectively referred to herein as “discount codes”) that are redeemable towards a purchase on the Casper website (www.casper.ca) or in a Casper Store, while supplies last, and subject to certain merchandise exclusions or any other restrictions as may be determined and communicated by Casper in its sole discretion. Only valid discount codes provided or promoted by Casper will be honoured at checkout. Discount codes supplied or promoted by third parties unauthorized by Casper (including any unauthorized third-party websites) will not be considered valid. Codes supplied or promoted by Third-Party Sellers are not valid for use on the Sites or in any Casper Store, and are subject to the terms and conditions set by such Third Party. Each discount code promoted by Casper is non-transferable and valid for single use on an item (or items) of merchandise as determined by Casper. Discount codes may not be combined, are valid only on full-priced items unless stated otherwise, may not be used on any items that are marked as “Final Sale” or "Clearance" unless stated otherwise, may not be used on the Element pro unless stated otherwise, and may not be used in conjunction with the Casper Referral Program. Customers are limited to the use of a single discount code per order. Discount codes cannot be used toward purchase of non-branded merchandise, packaging, or applicable taxes. For online purchases, the discount code must be entered in the ‘Discount’ field at checkout. Casper is not responsible for lost, stolen or corrupted discount codes or any unauthorized use of discount codes. Discount codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any discount code will not be refunded or credited back if any or all of the merchandise is returned. If a discount code provides for free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s) will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying product. Expiration dates may apply to each discount code. Discount codes are void if copied, transferred, sold, exchanged, or expired, and where prohibited. Requests that do not comply with all discount code requirements will not be honoured. Casper reserves the right to add or remove any restrictions on discount codes in its sole discretion.

Spokespeople. From time to time, Casper may also engage spokespeople, influencers, bloggers, or other individuals or entities who have been compensated or incentivized to speak on behalf of the brand. When you receive a discount code via a third-party source, such as a television or radio show host, please note that such individuals may have been compensated by Casper for their statements.

Referral Program. Casper offers brand advocates the opportunity to refer friends to participate in the Casper Referral Program. For the terms and conditions of the Casper Referral Program, which are incorporated by reference into these Terms, please see Referral Terms. Discount codes may not be used in conjunction with the Casper Referral Program.

Casper Canada Referral Program Terms

1. Eligibility
The Casper Canada Referral Program (“Program”) is open to existing Casper Canada customers (“Advocates”) who refer new customers (“Friends”) residing in Canada to Casper Canada. To participate, both the Advocate and Friend must be individuals (not businesses) and meet any eligibility requirements set out by Casper Canada.

2. Referral Offer
Advocates may share a unique referral link provided by Casper Canada. Friends who use this link to place their first order of $699 CAD or more (before taxes and fees) on casper.ca (“Qualified Purchase”) will receive $100 CAD off that order.

3. Advocate Rewards
After a Friend completes a Qualified Purchase (a “Successful Referral”):
First Successful Referral: The Advocate will receive one (1) free set of Sateen Sheets (up to $249 CAD retail value).
Second Successful Referral: The Advocate will receive one (1) free Down-Alt Duvet (up to $329 CAD retail value).
Each Additional Successful Referral: The Advocate will receive one (1) discount code for 20% off their next Casper Canada order.
Rewards are subject to availability and must be redeemed in accordance with the instructions provided by Casper Canada.

4. Restrictions
Referral links are for personal, non-commercial use only.
Advocates cannot refer themselves, create multiple accounts, or otherwise abuse the Program.
Referral codes and rewards may not be combined with other promotions, discounts, or offers unless expressly stated by Casper Canada. Referral codes are for one-time use only.
Rewards are not transferable, redeemable for cash, or exchangeable for other products.

5. Program Changes
Casper Canada reserves the right to modify, suspend, or terminate the Program, or to change reward type, reward values or eligibility requirements, at any time and without prior notice, to the extent permitted by applicable law.

6. Compliance
Participation in the Program must comply with all applicable Canadian laws, including but not limited to the Competition Act, Canada’s Anti-Spam Legislation (CASL), and consumer protection laws. Any attempt to manipulate or abuse the Program will result in disqualification.

7. General
By participating in the Program, you agree to these Terms and Casper Canada’s general Terms of Service and Privacy Policy. Without limiting the foregoing, by participating in the Program, each Advocate and Friend consents to the collection, use, disclosure, and retention of their personal information for the purposes of administering the Program.

8. Governing Law
These Terms and the Program shall be governed by and construed in accordance with the laws of the province or territory in which you reside, and by the laws of Canada applicable therein. You agree to submit to and be bound by those laws and the courts of that jurisdiction.

9. Language of Terms
For Québec residents only: You acknowledge and agree that you have first been presented with and have examined the French version of these Terms, and that you then have expressly requested that these Terms, and all related documents including notices, be drawn up in the English language and that you wish to and agree to be bound by the English version of these Terms. Vous reconnaissez et convenez que la version française de les présentes modalités vous a d'abord été présentée et que vous les avez examinées, et que vous avez ensuite expressément demandé que les présentes modalités et tous les documents connexes, y compris les avis, soient rédigés en anglais et que vous souhaitez être lié par la version anglaise des présentes et que vous acceptez de l'être.

IX. Warranty

We stand behind our Products. For specific warranty information applicable to our Products, please see www.casper.ca/warranty (together, the “Product Warranties”). The Product Warranties are incorporated by reference into these Terms. To the extent there is a conflict between the terms of any Product Warranty and these Terms, the terms of the applicable Product Warranty shall govern.

If you are dissatisfied or believe there is a defect in any of your Products, please review the relevant warranty and, if you believe that you are entitled to take advantage of those terms, please contact us at hello@casper.ca.

X. Refunds and returns; cancellation

Cancellations. You may cancel an order placed through the Casper website (www.casper.ca) or at any Casper Store at any time prior to your order being processed (which is typically within 30 minutes of your order being placed).
Returns. We have adopted a Return Policy that you should refer to in order to fully understand how we process and deal with returns. The Return Policy is hereby incorporated into these Terms by reference.
Title. Risk of loss and title for Products purchased from Casper pass to you upon delivery of such Products by Casper or our manufacturer to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.

XI. Content you submit to Casper

From time to time, Casper may allow you to post reviews, comments, photos, or similar materials regarding our Products and Services (collectively, “Reviews”) on the Sites.

By posting a Review on any Sites or any other third party platform (e.g., Google), you hereby grant Casper an unrestricted, assignable, sublicensable, perpetual, royalty-free, fully paid-up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you post to the Sites or any third party platform, for any purpose, including promoting and marketing Casper and the Products. You further grant Casper a royalty-free license to use the name, image, and likeness of any person identifiable in any Review you post to the Sites or any third party platform. By posting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by Casper through the Sites, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you post to the Sites or any other third party platform, or you have all rights, licenses, consents, and releases that are necessary to grant to Casper the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you post to the Sites or any third party platform do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require Casper to obtain any licenses from or make any payments in any amounts to any third party throughout the world.

No Objectionable Content. You agree not to submit Reviews that: (i) are or could be interpreted to be unlawful, infringing, defamatory, slanderous, libelous, inaccurate, unlawful, harmful, maligning, profane, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, hatred, or in violation of any rights of any third-parties as determined by Casper in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

Monitoring. Casper has no obligation to monitor the Sites or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact, or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Casper has no obligation to display or post any Reviews. Casper, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

XII. Copyright, trademarks, and other intellectual property

All content included in or made available through Casper, the Products, the Sites, and in any Casper Store, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Casper. This material is protected by Canadian intellectual property laws. All of the content included in or made available through www.casper.ca is exclusive and protected by Canadian intellectual laws.

The Marks are protected under applicable copyright, trademark, and other intellectual property law. The unauthorized copying, modification, use, or publication of these Marks is strictly prohibited.

Casper is the sole owner or lawful licensee of all the rights and interests of www.casper.ca. Casper has intellectual property rights protected under patent, copyright, trademark and other intellectual property laws. You agree not to infringe any or all of the title, ownership and intellectual property rights of Casper. You hereby indemnify Casper to the extent of any breach of intellectual property rights by or through your use of www.casper.ca. All rights not otherwise claimed under these Terms or by Casper are hereby reserved.

XIII. Use of the Sites

You agree to use each Site only for its intended purpose. You must use the Sites in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Sites are prohibited. You may not:

• attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Sites, user accounts, or the technology and equipment supporting the Sites;
• frame or link to the Sites without permission;
• use data mining, robots, or other data gathering devices on or through the Sites;
• post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
• disclose personal information about another person or harass, abuse, or post objectionable material;
• sell, transfer, or assign any of your rights to use the Sites to a third party without our express written consent;
• post advertising or marketing links or content, except as specifically allowed by these Terms;
• use the Sites in an illegal way or to commit an illegal act in relation to the Sites or that otherwise results in fines, penalties, and other liability to Casper or others; or access the Site from a jurisdiction where it is illegal or unauthorized.

XIV. Disclaimer

We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by third parties. You accept that any reliance on material posted by third-party service providers will be at your own risk. By using the Sites, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate. We may change, suspend, or discontinue any aspect of the Sites at any time, including hours of operation or availability of the Sites or any feature, without notice or liability.

User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Sites. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. To the fullest extent permitted by law, you release the Released Parties (defined below) from all claims, demands, and damages in disputes among users of the Sites. You also agree not to involve us in such disputes. Use caution and common sense when using the Sites.

Content Accuracy. We make no representations about the accuracy, reliability, completeness, or timeliness of any contents of any Site, Casper Store or Third-Party Seller. Similarly, we make no representations about the accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Sites, Casper Stores or Third-Party Sellers. Use the Sites, Casper Stores and Third-Party Sellers at your own risk.

We make no promises and, to the fullest extent permitted by law, disclaim all liability of specific results from the use of the Sites, any Casper Store or any Third-Party Seller.

Released Parties Defined. “Released Parties” include Casper and its affiliates, officers, employees, agents, partners, and licensors.

EXCEPT AS EXPRESSLY PROVIDED IN THE MATTRESS WARRANTY, SHEETS & DUVET COVER WARRANTY, PILLOWS WARRANTY, PILLOW PROTECTOR WARRANTY, MATTRESS TOPPER WARRANTY, DOG BED WARRANTY, MATTRESS PROTECTOR WARRANTY, DUVET AND BLANKET WARRANTY, ADJUSTABLE BASE WARRANTY, FURNITURE WARRANTY, SLEEP ACCESSORY WARRANTY, GLOW LIGHT WARRANTY, OR ANY OTHER PRODUCT WARRANTY FOR PURCHASED PRODUCTS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW: (A) YOUR USE OF THE SERVICES, SITES, PRODUCTS, AND CASPER STORES ARE AT YOUR SOLE RISK, AND THE SERVICES, SITES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES LISTED ON THE SITES, IN ANY CASPER STORE OR THROUGH ANY THIRD-PARTY SELLER, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITES, CASPER STORES OR THIRD-PARTY SELLERS WILL MEET YOUR REQUIREMENTS, (ii) THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, GOOD OR SERVICE AVAILABLE ON THE SITES, IN ANY CASPER STORE OR THROUGH ANY THIRD-PARTY SELLER WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITES, IN ANY CASPER STORE OR THROUGH ANY THIRD-PARTY SELLER WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES, ANY CASPER STORE OR THROUGH ANY THIRD-PARTY SELLER IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

XV. Limitation on liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YOU OR CASPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITES; (ii) THE SERVICES PROVIDED ON THE SITES, IN A CASPER STORE OR BY A THIRD-PARTY SELLER OR THE PURCHASE, RECEIPT, ORDER OR USE THE PRODUCTS; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY ON THE SITES; (vi) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vii) ANY OTHER MATTER RELATING TO THE SITES, ANY CASPER STORE, THE SERVICES, THE PURCHASE, THE RECEIPT, ORDER OR USE OF THE PRODUCTS OR THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITES OR YOUR USE OF CASPER CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

XVI. Applicable law

You agree to comply with all applicable laws, ordinances, and regulations regarding your use of and purchase of Products and/or services through the Sites, in any Casper Store or through a Third-Party Seller. Any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms or Casper shall be governed by the laws of Ontario, Canada without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the provincial and federal courts in or for Toronto, Ontario, Canada for the purpose of all such claims, disputes, actions, causes of action, issues, or requests for relief.

XVII. Termination

Notwithstanding any of these Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use the Sites, and to block or prevent future access to and use of any of the Sites or any Casper Store for any reason or no reason. Upon termination, these Terms will still apply.

XVIII. We reserve the right to update and revise these terms at any time

From time to time we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. You will know if these Terms have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page; provided, however, that we will endeavour to provide you with prior notice of any material changes that will apply to you. Your use of or access to the Services constitutes your acceptance of these Terms.

XIX. Waiver

Either party’s failure to partially or fully exercise any rights or waiver of any breach of these Terms by the other party shall not prevent such party’s subsequent exercise of such right or be deemed a waiver by such party of any subsequent breach by the other party of the same or any other term of these Terms.

XX. Severability

If any of these Terms are deemed invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining term or condition. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

XXI. Entire agreement

Except as explicitly noted above, these Terms (including any document or terms expressly incorporated into these Terms) constitute the entire agreement between you and Casper with respect to the Services and/or the purchase, receipt, order or use of the Products and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Services and/or the purchase, receipt, order or use of the Products. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.