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Brooklyn Bedding CopperFlex® Pro Mattress

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Original price $932.00
Original price $932.00 - Original price $1,732.00
Original price $932.00
Current price $652.40
$652.40 - $1,212.40
Current price $652.40

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Brooklyn Bedding · Value Cooling Mattress · CopperFlex® Pro

Brooklyn Bedding CopperFlex Pro Mattress

Consumer Reports tests mattresses independently and recommends this one. NapLab put it in the Best Memory Foam Mattresses of 2026 lineup as Best Memory Foam Mattress Under $1000. Both of those verdicts land on a mattress whose main upgrade is temperature: the Pro arrives with the GlacioTex Cooling Cover sewn on as standard, so cool-tech fibers arrive already woven into the top fabric at no upcharge. Under the cover, copper-infused CopperFlex® memory foam keeps moving heat downward, and in the Hybrid model the coil unit adds airflow through the middle of the mattress.

The other upgrade is the comfort layer. VariFlex IQ Memory Foam replaces the standard comfort foam, conforming to the contours of the body, holding motion where it happens and sharpening the pressure relief. Add 2" of height over the standard CopperFlex® and you get a 14" mattress running seven layers, with the same 0.75" zoned lumbar support layer and the same medium-firm feel. Choose the all-foam Memory Foam model or the Hybrid with its 8" Ascension X coil core of up to 760 encased coils. Built in Arizona, shipped free, covered by a limited lifetime warranty.

Profile
14"
7 layers, Memory Foam or Hybrid
Cover
GlacioTex
Cooling cover, standard on the Pro
Comfort layer
VariFlex IQ
Memory foam, upgraded from the standard model
Consumer Reports
Recommended
NapLab Best Memory Foam Mattress Under $1000
Medium-firm Fiberglass free GREENGUARD Gold & CertiPUR-US HSA/FSA eligible
Brooklyn Bedding CopperFlex Pro Hybrid mattress made up on a bed frame in a bedroom

The Technology

What the Pro adds, and what it keeps

Two of these four are the reason to step up from the standard CopperFlex®. The other two carry over from it unchanged, because they were already doing their job.

❄️
GlacioTex Cooling Cover, standard
Cool-tech fibers are woven into the top fabric, where they take excess heat off the sleep surface as soon as skin touches it. The Pro ships with the cooling fabric already sewn in, with nothing to select at checkout. It is the single change that turns the CopperFlex® platform into a cooling mattress.
Cool on contact
🧠
VariFlex IQ Memory Foam
The Pro's comfort layer is a more responsive memory foam than the standard model carries. It conforms to the contours of the body, keeps motion from travelling across the surface, and sharpens the pressure relief around shoulders and hips.
Upgraded comfort layer
🟤
CopperFlex® copper-infused memory foam
A 2" layer in the Memory Foam model, carried over from the standard CopperFlex®. Copper particles bring antimicrobial protection, moisture wicking and heat regulation to the same layer that handles pressure relief. Stacked under the GlacioTex cover, it becomes the second stage of the cooling path.
2" copper layer
🎯
Zoned lumbar support
The same 0.75" layer aimed at the lower back that the standard model uses. It holds the lumbar region while the foams above it contour, which is what keeps the spine from settling into a curve overnight.
0.75", in both models

Why Athletes Choose This

What you get out of the Pro

Eight things the Pro does, each of them tied to a layer, a coil count or an independent verdict.

❄️
Cool the moment your skin lands on the fabric
GlacioTex cover, no upcharge
🟤
A second cooling stage under the cover
2" copper-infused memory foam
🌀
Air moves through the core on the Hybrid model
8" Ascension X coils, up to 760
🧠
Contouring at the shoulder and hip, with motion held in place
VariFlex IQ memory foam
🎯
The lower back sits on its own layer
0.75" zoned lumbar
📏
Two more inches of comfort layers than the standard model
14" and 7 layers
🔬
Recommended by Consumer Reports after independent testing
NapLab Best Memory Foam Mattress Under $1000
The same certification list as the premium tiers
Fiberglass free · GREENGUARD Gold · CertiPUR-US

A Closer Look

The build and the verdict

CopperFlex Pro Hybrid layer diagram with the cover, foams and coil unit labelled
Construction

Seven layers in fourteen inches

Cooling is handled in the top two components of either model, before body heat reaches the foams that do the contouring. From there the stack builds downward into the zoned lumbar layer and whichever support system you chose.

  • Memory Foam: GlacioTex cover, 1.5" Pressure-Relieving Quilt, 2" CopperFlex® memory foam, comfort foam, 2" VariFlex transition, zoned lumbar, 7" high-density base
  • Hybrid: GlacioTex cover, quilt foam, gel swirl memory foam, copper memory foam, VariFlex, zoned lumbar, 8" Ascension X coils, base foam
  • Up to 760 individually encased coils in the Hybrid core
  • 0.75" zoned lumbar support layer in both
14" profile 7 layers Medium-firm
Consumer Reports recommended badge shown for the CopperFlex Pro
Independent testing

Judged by people who bought it to test it

Consumer Reports runs its own testing and publishes recommendations from it. NapLab reviews mattresses in categories and price bands. Both put the CopperFlex® Pro on their list, which is a different kind of evidence than a brand describing its own foam.

  • Consumer Reports recommended
  • NapLab Best Memory Foam Mattress Under $1000
  • Included in NapLab's Best Memory Foam Mattresses of 2026 lineup
  • Sleep Foundation named it a best cooling mattress in the affordable tier
Consumer Reports NapLab Sleep Foundation

Compare

The Pro against the rest of the CopperFlex® range

Three mattresses on one copper foundation. The Pro is where the cooling cover and the upgraded comfort foam enter the build.

CopperFlex Essential
The size and height range, for RV bunks, short frames and spare rooms.
6/8/10/12/14" heights 22 sizes incl. RV bunk and short Copper memory foam over high-density base Firmness scales with height
Shop the CopperFlex Essential
CopperFlex
The 12" version, without the cooling cover, in all-foam or hybrid form.
12" profile 6 layers Memory Foam or Hybrid model Copper foam plus zoned lumbar layer Medium-firm
Shop the CopperFlex
You're Here
CopperFlex Pro
The cooling build of the family, and the one Consumer Reports recommends.
14" profile 7 layers GlacioTex cooling cover VariFlex IQ memory foam Up to 760 Ascension X coils Consumer Reports recommended
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Questions

Frequently Asked Questions

Three things. It is 2" taller, at 14" against 12", and carries seven layers where the standard model carries six. It arrives with the GlacioTex Cooling Cover sewn on. And its comfort layer is VariFlex IQ Memory Foam. The copper foundation and the zoned lumbar layer are the same on both.
Consumer Reports tests mattresses independently and publishes recommendations based on that testing. The CopperFlex® Pro carries that recommendation. NapLab separately named it Best Memory Foam Mattress Under $1000 in its Best Memory Foam Mattresses of 2026 lineup.
Cool-tech fibers woven into the top fabric of the mattress. They remove excess heat from the sleep surface on contact, which is why the surface reads cool the moment you lie down. On the Pro it is standard, not an add-on.
Up to three, working in sequence. The GlacioTex cover handles heat at the surface. CopperFlex® copper-infused memory foam conducts it downward using copper's high conductivity. In the Hybrid model, the Ascension X coil layer adds airflow through the core.
The Pro's comfort layer. It conforms to the contours of the body for tailored support, minimises motion transfer across the surface, and improves the pressure relief compared with the comfort foam in the standard model.
The Memory Foam model is all foam and relieves pressure across the whole body with a conforming feel. The Hybrid keeps the same top foams and puts an 8" Ascension X coil core with up to 760 encased coils underneath, for relief on back, hip and shoulder issues, firmer edges and airflow. The GlacioTex cover and the CopperFlex® memory foam are in both.
Memory Foam: GlacioTex cover, 1.5" Pressure-Relieving Quilt, 2" CopperFlex® memory foam, comfort foam, 2" VariFlex transition, zoned lumbar, 7" high-density base. Hybrid: GlacioTex cover, quilt foam, gel swirl memory foam, copper memory foam, VariFlex, zoned lumbar, 8" Ascension X coils, base foam.
Medium-firm in both models. It suits combination sleepers, anyone prioritising cooling, and sleepers who want contouring without sinking into the mattress.
Twin, Twin XL, Full, Queen, King and Cal King. Mattress weight runs from 55 lb to 120 lb depending on the size.
950 lb is the rated limit. If either sleeper is over 300 lb, look at Brooklyn Bedding's Titan Plus line, which is engineered for that use.
Never flip it. A rotation head to foot every 6 to 8 months evens out the wear and is all the upkeep it asks for.
Fiberglass free, GREENGUARD Gold certified, and built with CertiPUR-US certified foams. That is the same certification list Brooklyn Bedding applies to its premium mattresses.
Coverage is a limited lifetime warranty, and you get 120 nights to decide. It ships free as a bed-in-a-box within 3 to 7 business days, direct from the Arizona factory.
Yes, for qualified customers. Eligibility depends on your plan and the documentation you hold, so check with your plan administrator first.

14 " tall: 7 layers · Memory Foam or Hybrid

GlacioTex cooling cover: Cool-on-contact top fabric (standard)

Consumer Reports: Recommended

CopperFlex® memory foam: Antimicrobial + cooling · zoned lumbar support

  • GlacioTex Cooling Cover · standard
  • VariFlex IQ memory foam
  • Copper-infused CopperFlex® memory foam
  • Zoned lumbar support · targeted spinal alignment
  • 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