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Brooklyn Bedding Aurora Luxe Cooling Cloud PT Mattress

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Original price $1,465.00
Original price $1,465.00 - Original price $2,799.00
Original price $1,465.00
Current price $1,025.50
$1,025.50 - $1,959.30
Current price $1,025.50

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Brooklyn Bedding · Cooling Hybrid · Aurora Luxe Cooling

Brooklyn Bedding Aurora Luxe Cooling Mattress

This is the mattress Brooklyn Bedding sells more of than any other in their range, and temperature is the reason. The GlacioTex™ cover arrives on every Aurora at every firmness, with cool-tech fibers woven through the top panel that take heat off the surface at the moment your skin lands on it. Brooklyn Bedding attaches a number to what the cover is aiming at: they put ideal skin temperature for sleep at 88°F where the average sits closer to 91°F. Cooling gel beads carried in that surface liquefy as heat builds against them and return to solid as it falls away, so the fabric holds its setpoint from both directions across a night.

Beneath the quilt sits 1.5" of VX 3.5 foam at 3.5 lb with copper worked through it, moving heat further down while snapping back under a change of position. Support is an 8" core of up to 1,032 Ascension Zoned coils, every one wrapped in its own pocket and graded across three regions. The standard build measures 13.25" over six layers. Order the ThermoPhase Cloud Pillow Top and a phase-change foam layer plus dual quilt foam get sewn into the top, taking the mattress to 14.5" and eight layers. Soft, Medium and Firm are picked at checkout. Sleep Foundation and Forbes have each named the Aurora Luxe a Best Cooling Mattress.

Cover
GlacioTex™
Cool-tech fibers, standard on every Aurora
Height
13.25"
14.5" with the Cloud Pillow Top
Coil core
Up to 1,032
8" Ascension Zoned encased coils
Copper layer
3.5 lb
1.5" VX 3.5 responsive foam
Sleep Foundation Best Cooling Mattress Forbes Best Cooling Mattress Optional ThermoPhase Cloud Pillow Top Rated to 950 lb
Aurora Luxe Cooling mattress shown with its soft, medium and firm options labelled

The Technology

A cooling stack you can raise one step higher

Three of these four come in the box on every Aurora. The fourth is the upgrade that turns the standard build into the coldest version Brooklyn Bedding makes of it.

❄️
GlacioTex™ cover, standard
Every Aurora ships with the GlacioTex™ cover already on it, at all three firmnesses, with no upgrade step to reach it. Brooklyn Bedding states the target plainly: 88°F is what they give as ideal skin temperature for sleep, against an average of 91°F, and the cool-tech fibers in the top panel exist to close those three degrees. Cooling gel beads inside the surface melt when heat builds against them and set again when it drops, which lets the fabric work at a temperature you are moving toward as well as one you have already passed.
On every Aurora, every firmness
🟤
VX 3.5 copper-infused foam
A 1.5" comfort layer of 3.5 lb foam with copper particles distributed through it. Copper carries heat far better than the foam holding it, so warmth that gets past the cover keeps travelling downward and away from your skin. The VX formulation recovers quickly under load, so the top of the mattress lets go of your outline as soon as you roll off it.
1.5" thick, 3.5 lb density
🧬
Ascension Zoned coil core
Up to 1,032 Ascension coils fill an 8" unit, each of them wrapped in a fabric pocket of its own. The unit is graded head to foot in three sections, with more resistance built into the middle stretch beneath the lumbar and less at either end where a shoulder or a hip has to settle in. The gaps between pocketed coils double as an air route through the middle of the build.
Up to 1,032 zoned coils
☁️
ThermoPhase Cloud Pillow Top
Chosen at purchase, the Cloud Pillow Top sews a ThermoPhase phase-change foam layer and dual quilt foam into the top of the mattress. Phase-change material keeps a temperature by taking heat in when there is a surplus of it and giving it back when there is a shortfall. Adding it moves the Aurora from 13.25" to 14.5" and from six layers to eight.
13.25" becomes 14.5"

Why Athletes Choose This

Eight reasons this one outsells the rest of the line

Every item below points back to a named material, a coil count or an award the Aurora already holds.

❄️
Cool at first contact, with no upgrade to buy for it
GlacioTex™ cover, standard
🌡️
Built toward the 88°F figure Brooklyn Bedding cites
Cool-tech fiber top panel
💧
Gel beads that melt and re-set to keep the setpoint
Surface cooling in both directions
🟤
Warmth keeps travelling down through the copper
VX 3.5 foam at 3.5 lb
A comfort layer that lets go the second you turn
Fast-recovering VX foam
🧬
The middle stretch of the coil unit is built stiffer
Ascension Zoned core
🎚️
Three firmness choices sharing one cooling platform
Soft · Medium · Firm
🏅
Best Cooling Mattress at Sleep Foundation and at Forbes
Two separate award citations

A Closer Look

Inside the Aurora Luxe Cooling

Aurora Luxe Cooling cutaway with the cover, foam layers and coil unit each labelled
Construction

The cover, then six layers

Read the stack downward and the priorities show up in the order. Temperature is dealt with in the first two components, contour and transition in the next two, and load in the steel below them. The Cloud Pillow Top, when you take it, drops its ThermoPhase and dual quilt foam in above the copper layer.

  • GlacioTex™ Cooling Cover
  • Quilt foam
  • 1.5" VX 3.5 copper-infused responsive foam, 3.5 lb
  • 1" HD 3.0 memory foam, 3 lb high density
  • 1" Variflex transition foam
  • 8" Ascension Zoned coils, up to 1,032
  • Supportive base layer
13.25" standard 6 layers Assembled in Arizona
Aurora Luxe Cooling shown in its Cloud Pillow Top version with the added top section called out
The Upgrade

What the Cloud Pillow Top changes

The pillow top is one decision at checkout and it changes three things about the mattress you receive. You gain a cooling technology the standard build does not carry, an inch and a quarter of height, and two extra layers of material between you and the coils. Everything below the addition stays identical, so the coil core, the copper foam and the firmness you picked all behave the same way.

  • Adds a ThermoPhase phase-change foam layer
  • Adds dual quilt foam, sewn in at the factory
  • Height goes from 13.25" to 14.5"
  • Layer count goes from six to eight
  • Available on Soft, Medium and Firm alike
ThermoPhase PCM 14.5" profile 8 layers

Compare

Where the Aurora sits among the flagship hybrids

All four run Ascension coils underneath. The choice you are really making is what sits on top of that steel and how much say you get over the feel.

You're Here
Aurora Luxe Cooling
The best-selling build, and the only one whose cooling can be stepped up at checkout.
13.25", 14.5" with pillow top GlacioTex cover Copper VX 3.5 foam Up to 1,032 Ascension Zoned coils Soft · Medium · Firm Optional ThermoPhase Cloud Pillow Top
Currently viewing
Sedona Elite
Micro-coils over a second coil unit, sewn by hand, sold in a single medium feel.
13.75" profile Up to 6,000 micro-wrapped coils Up to 1,032 Ascension coils GlacioTex+ cover Universal medium, roughly 4 to 6 Hand-finished
Shop the Sedona Elite
Spartan
Built for recovery, with an infrared-reflecting weave running through its top panel.
13.5" profile Far Infrared Ray top fabric CopperFlex antimicrobial foam with PCM Up to 1,032 Ascension Zoned coils Soft · Medium · Firm
Shop the Spartan
ThermoBalance
The tallest option here, and it includes every one of its cooling components in the base price.
14" profile 8 layers ThermoCool cover ThermoPhase PCM layer HD 4.0 copper memory foam Up to 1,032 Ascension 3-Zone coils
Shop the ThermoBalance

Questions

Frequently Asked Questions

It puts serious cooling in the base price and then lets you go further if you want to. The GlacioTex™ cover and the copper-infused VX 3.5 foam are on every unit, three firmnesses cover most sleeping positions, and the Cloud Pillow Top is there for anyone who wants the coldest version. Sleep Foundation and Forbes have both listed it as a Best Cooling Mattress.
No. GlacioTex™ is the standard cover on every Aurora Luxe Cooling, at Soft, Medium and Firm. The only paid addition on this mattress is the ThermoPhase Cloud Pillow Top.
Brooklyn Bedding gives the figure as 88°F for ideal sleep skin temperature, against an average of 91°F, and says the cover is built to reach the lower number. That target is Brooklyn Bedding's own, quoted here as the manufacturer's stated design goal for the fabric.
They change state with the temperature around them. When heat builds against the surface the beads liquefy, and when the temperature falls they solidify again. Working in both directions is what lets the fabric hold a setpoint through the night as your body and the room move around it.
Copper moves heat far more readily than the foam it is sitting in, so warmth that gets past the cover keeps heading downward. The layer is 1.5" of VX 3.5 foam at 3.5 lb. VX is the responsive formulation, so it answers a change of position immediately and releases the impression when you move off it.
The GlacioTex™ Cooling Cover sits over six layers: quilt foam, 1.5" VX 3.5 copper-infused responsive foam, 1" HD 3.0 memory foam, 1" Variflex transition foam, an 8" Ascension Zoned coil unit, and a supportive base layer. Finished height is 13.25".
A ThermoPhase phase-change foam layer and dual quilt foam, both sewn into the mattress at the factory. Phase-change material takes heat in when there is a surplus and releases it back when there is a shortfall, which keeps sleep temperature steadier as the room drifts. The mattress goes from 13.25" to 14.5" and from six layers to eight.
Take it if temperature is the problem you are buying this mattress to fix, since it is the highest-cooling configuration of the Aurora. The standard 13.25" build already carries the GlacioTex™ cover and the copper foam, so the upgrade is about adding a third cooling technology and a softer top surface on top of those.
Match it to how you spend the night. Soft gives side sleepers the deepest contouring the Aurora offers. Medium is the pick for anyone who ends the night in a different position from the one they started in. Firm keeps back and stomach sleepers closer to level. Your choice changes the comfort feel at the surface; the cooling stack and the coil unit stay the same in all three.
The 8" unit is divided into three regions along its length. The middle stretch under the lumbar carries more resistance so the low back is held in line, and the two ends give way more easily where a shoulder or a hip needs room. There are up to 1,032 Ascension coils in the unit, each in its own pocket.
Pocketed coils compress one at a time under the weight directly above them, so movement is absorbed where it happens and stops travelling. The VX 3.5 responsive foam above the coils keeps that quiet surface from feeling slow, since it recovers as soon as the load comes off.
Standard sizes are Twin, Twin XL, Full, Full XL, Queen, King and Cal King. Specialty sizes are Split Cal King, Short Queen and RV King at 72 by 80.
The Aurora Luxe Cooling is rated to carry up to 950 lb, counting everyone on it.
It is a one-sided build. Comfort foams are on top and the coil unit and base sit below them, so flipping it would put the steel where your shoulder goes. Turn it end for end every 6 to 8 months to spread the wear evenly.
It is fiberglass free, GREENGUARD Gold certified, and built on CertiPUR-US certified foams. That program bars formaldehyde, mercury, lead and other heavy metals, PBDE flame retardants and ozone depleters from the foam. Brooklyn Bedding designs and assembles the Aurora in Arizona.
You get 120 nights to decide and a limited lifetime warranty behind the build. Sleep on it for a minimum of 30 days from delivery first. Should it still be wrong at that point, Brooklyn Bedding handles the return, with a $99 return fee against the pickup. Delivery costs nothing, arrives compressed in a box, and leaves the factory within 3 to 7 business days. The Aurora is HSA and FSA eligible for qualified customers.

1,032 zoned coils: Ascension 3-Zone individually encased

GlacioTex™ cooling: Cool tech fibers · cool-on-contact top fabric

3.5 lb: Copper-infused VX 3.5 responsive foam

120 -night trial: Limited lifetime warranty · free shipping

  • GlacioTex™ cool-to-the-touch cover
  • Copper-infused VX 3.5 responsive foam
  • 3-zone Ascension coil system
  • Optional ThermoPhase Cloud Pillow Top
  • Brooklyn Bedding Mattress
  • Free shipping
  • Limited lifetime warranty
  • 120-night sleep trial


Mattress Limited Lifetime Warranty


For all Brooklyn Bedding Mattresses purchased after 02/01/2025, your new Brooklyn Bedding Mattress is covered by a limited lifetime warranty. This limited lifetime warranty gives you specific legal rights and covers all manufacturing defects. You may also have other rights, which vary from state to state. If you think you need to claim your warranty, please let us know! Please see below for additional details.


For all products purchased prior to 02/01/2025, please click HERE to access the terms of the warranty applicable to your product at the time of purchase.


Products Covered by This Limited Lifetime Warranty.


This limited lifetime warranty (“Limited Lifetime Warranty”) extends to mattresses manufactured by Brooklyn Bedding, LLC d/b/a Brooklyn Bedding ("Brooklyn Bedding ") and purchased directly from Brooklyn Bedding or Brooklyn Bedding 's authorized retailers. This Limited Lifetime Warranty includes the Signature Hybrid, Aurora Luxe, Sedona Elite, BB Kids, CopperFlex Collection, ThermoBalance Collection, Plank Firm mattresses, Titan Plus mattresses, Spartan, Dreamfoam mattresses, and CopperFlex Essential, which collectively will be referred to as “Mattresses” (plural) or “Mattress” (singular) unless otherwise noted. Some parts of this Limited Lifetime Warranty also extend to covers sold with Mattresses ("Mattress Covers"). Mattresses are designed to work on a firm, solid-surface, on a bed base that is structurally capable of supporting the weight of the Mattress and user(s).


Who This Limited Lifetime Warranty Extends To.


This Limited Lifetime Warranty extends to the original purchaser of any Mattress who is located in the United States (not including US territories) or Canada. This Limited Lifetime Warranty is valid only for the period of time the Mattress is owned by the original purchaser of the Mattress. The "Original Purchaser" or “you”, for the purposes of this Limited Lifetime Warranty, is the first purchaser of the Mattress from Brooklyn Bedding or a Brooklyn Bedding authorized retailer. PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. All Brooklyn Bedding warranties are not transferable.


Brooklyn Bedding's Limited Lifetime Warranty and Responsibilities.


Brooklyn Bedding warrants the Mattress in its original packaging against the defects in material and workmanship set forth below ("Defects") for the full period of the Original Purchaser’s ownership and use, from the time the Mattress is purchased by the Original Purchaser (the “Original Purchase Date”), and when the Mattress is used normally for its intended purposes. 


Years 1-10: Non-Probated Coverage


For the first 10 years from the Original Purchase Date, the Mattress is warranted against non-excluded defects in the workmanship or materials. During this time, Brooklyn Bedding will repair or replace any defective Mattress at no cost to the Original Purchaser.


Years 11-End of Ownership: Prorated Coverage 


From year 11 through the remainder of the period of the Original Purchaser’s ownership and use, Brooklyn Bedding will replace the Mattress at a prorated charge to the Original Purchaser. The prorated replacement charge will depend on the year the Mattress is replaced.


During years 11-15 of the Limited Lifetime Warranty, the prorated replacement charge the Original Purchaser will pay will be fifty (50) percent of the then current retail price of the same model and size as the original Mattress purchased.


During years 16-20 of the Limited Lifetime Warranty, the prorated replacement charge the Original Purchaser will pay will be sixty (60) percent of the then current retail price of the same model and size as the original Mattress purchased. 


From year 21 through the remainder of the period of the Original Purchaser’s ownership and use of the Mattress, the prorated replacement charge the Original Purchaser will pay will be seventy-five (75) percent of the then current retail price of the same model and size as the original Mattress purchased.


Any replacement will be of the same model and size as the original Mattress purchased. In no event will a substitution model be used as a replacement except in the case of a discontinued Mattress. In this event, a Mattress of like build and design, at Brooklyn Bedding’s discretion, will be used as a replacement for the defective Mattress. Replaced or repaired Mattresses are subject to the same Mattress Limited Lifetime Warranty as the original Mattress. If the Original Purchaser obtains a replaced or repaired Mattress, the Limited Lifetime Warranty term of the replaced or repaired Mattress begins from the Original Purchase Date.


Removing the Mattress Cover from a Mattress will automatically void any Limited Lifetime Warranty claim. Please contact Brooklyn Bedding  in advance or if you have any questions.


What This Limited Lifetime Warranty Covers.


This Limited Lifetime Warranty applies to the following Defects in a Mattress:


  • Deterioration causing the Mattress to have a visible indentation greater than one and one-half (1.5) inches that is not associated with an indentation or sag which results from use of an improper or unsupportive foundation or adjustable 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 foundation. Any foundation, box spring, frame, or other base on which the Mattress is placed that has slats greater than 5 inches apart will be considered improper and will void the Limited Lifetime Warranty.
  • Any physical flaw in the Mattress that causes the foam or spring material to split or crack, despite normal usage and proper handling.
  • Any manufacturing defect in the assembly of the Mattress Cover.


This Limited Lifetime Warranty does not cover the following:


  • A normal increase in softness of the foam pressure-relieving material which does not affect the pressure-relieving qualities of the Mattress.
  • Comfort preference beyond the 120 day trial period.
  • Physical abuse or damage to the structure and/or cover material, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the Defect is caused by such abuse or damage.
  • For years 1 – 10 of this Limited Lifetime Warranty, replacement of any non-defective pieces in the Brooklyn Bedding sleep system (for example, if you purchase a mattress with multiple components and only one component is defective, then we will only replace the defective component).
  • Any mattress (whether manufactured by Brooklyn Bedding or not) sold by resellers who are not authorized retailers of Brooklyn Bedding.
  • Mattresses sold "as-is", "preconditioned", "reconditioned", "used", "comfort return", "returned", "previously owned", or any other similar wording indicating that the Mattress is not "new" or of "first quality", or has previously been purchased or used by another consumer.


In the event of a Defect, Brooklyn Bedding's sole and exclusive liability and the Original Purchaser’s sole remedy under this Limited Lifetime Warranty will be, at Brooklyn Bedding's option, to provide a repaired or replacement Mattress or Mattress Cover of similar or greater value, as applicable, and subject to the Original Purchaser’s fulfillment of "Purchaser Responsibilities" below.  


Purchaser Responsibilities.


In the event of a Defect and in order to get the benefit of this Limited Lifetime Warranty, the Original Purchaser must return the Mattress or Mattress Cover to Brooklyn Bedding and provide Brooklyn Bedding with proof of the original date of purchase. Mattresses and Mattress Covers must be sent to the address set forth at the end of this Limited Lifetime Warranty.


If Brooklyn Bedding deems a claim made under this Limited Lifetime Warranty is valid, Brooklyn Bedding will repair or replace (as applicable) and ship the Mattress or replacement Mattress back to the Original Purchaser. Please note Brooklyn Bedding takes all efforts to complete these requests as quickly as possible and some cases can take longer than others.


Disclaimer, Limitation on Liability.


TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MATTRESS IS PROVIDED "AS IS" AND THIS LIMITED LIFETIME WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL IMPLIED WARRANTIES ARE HEREBY DISCLAIMED. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED LIFETIME WARRANTY, IN NO EVENT WILL Brooklyn Bedding OR ITS SUPPLIERS BE LIABLE FOR OR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE 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 Brooklyn Bedding HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Brooklyn Bedding'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.


BINDING ARBITRATION

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES ARBITRATION OF DISPUTES AND LIMITS THE MANNER IN WHICH THE PARTIES CAN SEEK RELIEF.



Arbitration of Disputes.

 

In the event of any dispute, claim, or controversy between a Customer and the Company of any kind relating to Products and purchases of our Products (whether through the Websites or otherwise) (each, a “Dispute”), such Dispute will be finally and exclusively resolved by binding arbitration governed under the Federal Arbitration Act (“FAA”), subject to the Process described and defined below. Any dispute concerning or relating to arbitrability shall be resolved by the arbitrator unless otherwise agreed to by the parties. Notwithstanding the foregoing, either party may elect to have any Dispute that is subject to the jurisdiction of small claims court decided in small claims court in Maricopa County, Arizona, USA, or the county of the Customer’s residence. If either party files a Claim in arbitration that could have been brought in small claims court, the other party may provide notice that it wants the case decided in small claims court before the appointment of an arbitrator, and the arbitrator shall administratively close the case before assessing any fees, and the party bringing the Claim must proceed in small claims court in lieu of arbitration. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Claim should proceed in arbitration.

 

Except as otherwise provided herein, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE A DISPUTE IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS DISPUTE IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. This provision shall apply, without limitation, to all Disputes that arose or were asserted before or after Customer’s acceptance of this Agreement and shall survive termination of this Agreement.

 

Neither Customer nor the Company will be entitled to:

 

Join, consolidate or combine Disputes by or against others in any arbitration with the exception of applicable arbitrator rules related to mass or multiple arbitration filings and our agreement below; or

 

Include in any arbitration any Disputes as a representative or member of a class.

Commencement of Disputes.

Customer and Company agree to work together in an effort to resolve any Dispute between them. The party initiating a Dispute must send the other a written notice of the Dispute which is personally-signed (in the case of any digital signature, the digital signature shall comply with the requirements of the federal E-Sign Act) notice by Certified U.S. Mail. If Company has a Dispute with Customer, Company will send this notice to the most recent contact information it has for Customer. If Customer has a Dispute with Company, Customer must send this notice to:

 

Brooklyn Bedding LLC

 

Attn: Legal Department

5301 W Bethany Home Road

Phoenix, AZ 85031

 

The written notice must include the disputing party’s name and residential address, phone number, the email address for Customer’s user account (as applicable), and a clear and detailed statement of the claim (including requested relief and the basis for relief). For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), the parties agree to negotiate in good faith in an effort to resolve the Dispute. The party receiving the notice may request a telephone or video conference to aid in the resolution of the Dispute. If such a conference is requested, Customer and a Company representative will personally attend the conference (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this mandatory dispute resolution process (“Process”) is a condition precedent to initiating a Dispute in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration then underway shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this Section limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process.

 

Arbiter of Disputes.

 

Any arbitration of a Dispute will be resolved before a neutral arbitrator selected jointly by Customer and Company, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the National Arbitration and Mediation (“NAM”) pursuant to its then current rules, including, as applicable, NAM’s Comprehensive Dispute Resolution Rules and NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM Rules”), as modified by this Agreement. All applicable NAM Rules and procedures are available at the NAM website at www.namadr.com. If the NAM is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. Payment of arbitration fees will be governed by the NAM Rules and fee schedule. If permitted under applicable law, the award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees, and reasonable costs, including costs for expert and other witnesses.

 

Mass Arbitration.

 

Customer and Company also agree that, if twenty-five (25) or more Disputes arises against a party regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations, Customer’s and Company’s respective Dispute(s) will be arbitrated in a coordinated fashion such that arbitrator shall: (1) administer the arbitration demands together; (2) appoint one arbitrator for the coordinated demands; and (3) issue one set of case management, hearing and administrative fees due per side, one procedural calendar, and one hearing (if any) in a place to be determined by the arbitrator. To the extent the parties disagree on the application of the provisions of this paragraph, the disagreeing party shall advise the arbitrator, and the arbitrator shall stay the arbitrations pending a determination of the applicability of this section and process by a court of competent jurisdiction. In such a proceeding, the prevailing party may recover its reasonable attorneys’ fees and costs in connection therewith, if permitted under applicable law.

 

If any portion of this Subsection 16(D) pertaining to Mass Arbitration is found to be void, unenforceable, or unlawful, in whole or in part, then the entire Section 16 shall be severed from this Agreement and any Dispute may only proceed in a court of law.

 

Remedies.

 

Except as otherwise provided in this Agreement, the arbitrator shall be authorized to award all remedies available in an individual lawsuit under applicable substantive law, including, without limitation, compensatory, statutory and punitive damages (which shall be governed by the constitutional standards applicable in judicial proceedings), declaratory, injunctive and other equitable relief, and attorneys’ fees and costs. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Maricopa County, Arizona; if that forum is not available, then the arbitration shall take place in the United States county where Customer resides, provided a court in that county would have personal jurisdiction over all parties in the dispute. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. As set forth in Section 18 below, nothing in this Agreement will prevent Company from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Company’s proprietary interests. Additionally, nothing herein shall limit Customer’s ability to seek public injunctive relief in arbitration or in a court of competent jurisdiction, as applicable.


Governing Law.

The Agreement and any action related thereto will be governed by the laws of the State of Arizona without regard to its conflict of laws provisions. The Parties hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the State of Arizona for all suits, actions, or proceedings directly or indirectly arising out of or relating to this Agreement, and waive any and all objections to such courts, including but not limited to, objections based on improper venue or inconvenient forum, and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement.


Warrantor.

Brooklyn Bedding, LLC d/b/a Brooklyn Bedding

5301 W Bethany Home Rd.

Phoenix, Arizona