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Brooklyn Bedding ThermoBalance Elite Mattress

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Original price $2,332.00
Original price $2,332.00 - Original price $3,999.00
Original price $2,332.00
Current price $1,632.40
$1,632.40 - $2,799.30
Current price $1,632.40

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Brooklyn Bedding · Elite Cooling Hybrid · ThermoBalance Elite

Brooklyn Bedding ThermoBalance Elite Mattress

Two changes define the Elite, and both of them sit below the surface. The first is a dedicated 0.75" zoned lumbar support layer between the memory foam and the coil core, a component built to firm up under the lower back and hold the spine in line. The second is density: the copper memory foam moves from 4 lb to a 5 lb HD 5.0, which contours further into the shoulder and hip before it bottoms out and carries more heat with it as it goes.

Making room for those changes takes height. The Elite stands 15.5" on ten layers, and the extra load of that comfort stack sits on up to 900 Ascension Max individually encased coils, the ultra-durable step in Brooklyn Bedding's coil range. The cooling architecture carries over unchanged from the standard ThermoBalance: ThermoCool cover, ThermoPhase phase-change foam, copper-infused memory foam and the 360° airflow design. Soft, Medium and Firm are picked at purchase, and Brooklyn Bedding builds the whole thing in its own Arizona factory.

Profile
15.5"
Ten layers of construction
Lumbar layer
0.75"
Zoned support foam, Elite only
Memory foam
HD 5.0
5 lb copper-infused, up from 4 lb
Coil unit
Ascension Max
Up to 900 encased coils, 8" core
Zoned lumbar support layer Ultra-durable coil system GREENGUARD Gold & CertiPUR-US Limited lifetime warranty
Close-up of the quilted ThermoBalance Elite surface with the ThermoCool and ThermoPhase badge on the fabric

The Elite Upgrades

Where the extra 1.5 inches goes

The Elite spends its added height on support and density. Two components are new to this model, one is a heavier version of a part the standard already has, and the cooling system arrives intact from the model below.

🎯
Zoned lumbar support layer
A 0.75" foam layer positioned between the memory foam layers and the coil core, tuned to give the lower back its own firmness. It works on lumbar pressure and spinal alignment from inside the mattress, at the depth where the low back actually loads. The standard ThermoBalance has no equivalent layer.
0.75", Elite exclusive
HD 5.0 copper memory foam at 5 lb
Density decides how far a memory foam contours and how much material sits in the path of your body heat. The Elite runs a 5 lb high-density copper memory foam where the standard model runs 4 lb, so contouring reaches deeper around the shoulder and hip, and there is more copper in the layer moving heat away.
5 lb, up from 4 lb
🔩
Ascension Max ultra-durable coils
Up to 900 individually encased Ascension Max coils in an 8" unit. This is the ultra-durable grade in the Ascension range, specified because a 15.5" comfort stack puts a heavier standing load on the coils beneath it. The limited lifetime warranty covers the unit.
Up to 900 coils, 8" unit
❄️
The cooling stack, carried over
ThermoCool cover for contact cooling, ThermoPhase phase-change foam for temperature regulation, copper-infused memory foam for conduction, and 360° airflow through open-cell foams and encased coils. Brooklyn Bedding built this architecture for the standard model and kept every piece of it here.
Triple cooling, unchanged

Why Athletes Choose This

What the Elite tier buys you

Eight outcomes, each one attached to a part of the ten-layer build.

🎯
Dedicated firmness under the lower back
0.75" zoned lumbar layer
Contouring that reaches further into shoulder and hip
5 lb HD 5.0 memory foam
🔩
A coil unit specified for a heavier comfort stack
Ascension Max, up to 900
📏
Ten layers across 15.5 inches of mattress
Two layers over the standard
❄️
The full triple cooling system, kept intact
ThermoCool + ThermoPhase + copper
🎚️
Three firmness choices on one construction
Soft · Medium · Firm
🛠️
Built and assembled in Brooklyn Bedding's Arizona factory
Designed in-house
Air-quality certified foams and a fiberglass free build
GREENGUARD Gold · CertiPUR-US

Inside the Build

Ten layers, and where each one earns its place

Labelled cutaway of the ThermoBalance Elite showing all ten layers from the ThermoCool cover to the base foam
Layer stack

Cooling on top, support underneath

Read the stack from the surface down and it splits cleanly in two. The upper half handles temperature and pressure. The lower half handles the skeleton, ending in the lumbar layer that sits directly on the coil unit, exactly where the low back needs backing.

  • ThermoCool cover
  • ThermoPhase phase-change foam
  • Dual quilt foam
  • HD 4.0 / 5.0 copper memory foam
  • VX 2.5 responsive foam
  • Variflex transition foam
  • HD 5.0 memory foam, 5 lb
  • 0.75" zoned lumbar support
  • 8" Ascension Max coils, up to 900
  • Base foam
15.5" profile 10 layers Zoned lumbar
Corner of the ThermoBalance Elite showing the finished edge alongside its safety certification badges
Certification

What the badges on the corner mean

GREENGUARD Gold is an indoor air quality certification, which matters for a product you breathe over for eight hours at a stretch. CertiPUR-US governs what the foams themselves are made from. Both apply across all ten layers of this build, and the whole mattress is fiberglass free.

  • GREENGUARD Gold certified for indoor air quality
  • CertiPUR-US certified foams throughout the stack
  • Ozone depleters, mercury and formaldehyde excluded
  • PBDE flame retardants, lead and heavy metals excluded
  • Fiberglass free construction
Fiberglass free GREENGUARD Gold CertiPUR-US

Compare

The Elite next to the rest of the ThermoBalance range

All four share the ThermoCool cover and the ThermoPhase layer. What differs is the comfort material, the height, and whether a zoned lumbar layer is included.

ThermoBalance
The standard build, with copper memory foam and the highest coil count in the family.
Height 14" Eight layers Copper memory foam at 4 lb Ascension 3-Zone coils, up to 1,032 No lumbar layer
Shop the ThermoBalance
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ThermoBalance Elite
The copper build at full height, with the lumbar layer and the denser foam.
Height 15.5" Ten layers Copper memory foam at 5 lb Ascension Max coils, up to 900 Zoned lumbar layer included
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ThermoBalance LX
The standard build with Talalay latex taking the comfort layer role.
Height 14" Eight layers Talalay latex, 1" thick Ascension Zoned coils, up to 1,032 No lumbar layer
Shop the ThermoBalance LX
ThermoBalance LX Elite
The same Elite chassis you are looking at, with latex in place of the copper comfort layer.
Height 15.5" Ten layers Talalay latex, 1" thick Ascension Max coils, up to 900 Zoned lumbar layer included
Shop the ThermoBalance LX Elite

Questions

Frequently Asked Questions

Four things. Height goes from 14" to 15.5" and layers from 8 to 10. The copper memory foam steps from 4 lb to 5 lb HD 5.0. A 0.75" zoned lumbar support layer joins the stack. And the coil unit becomes Ascension Max ultra-durable, up to 900 coils. The triple cooling architecture is the same on both models.
A 0.75" foam layer with its own firmness through the lumbar region, sitting between the memory foam layers and the coil core. It gives the lower back targeted support at that depth, which is what keeps the spine aligned when the heavier part of the body settles. It is built into the mattress, so there is nothing to position or adjust.
Density tells you how much foam material occupies a cubic foot. More of it means the layer contours further before it firms up, and it means more copper sitting in the path of your body heat. On the Elite that layer is HD 5.0 copper memory foam at 5 lb, where the standard ThermoBalance runs HD 4.0 at 4 lb.
ThermoCool cover, ThermoPhase phase-change foam, dual quilt foam, HD 4.0 / 5.0 copper memory foam, VX 2.5 responsive foam, Variflex transition foam, HD 5.0 memory foam, 0.75" zoned lumbar support, 8" Ascension Max coils, then base foam. Ten layers, 15.5" finished.
Ascension Max is the ultra-durable grade in Brooklyn Bedding's coil range, and the Elite uses up to 900 of them in an 8" individually encased unit. The specification follows from the build: a taller comfort stack loads the coils harder, and this unit is engineered for a longer service life under that load. Encasement means each coil answers the weight above it on its own.
The architecture is identical. ThermoCool cover for contact cooling, ThermoPhase phase-change foam to hold sleep temperature steady, copper-infused memory foam for conduction, and the same 360° airflow design through open-cell foams and encased coils. The one difference is that the Elite carries the denser 5 lb version of the copper layer.
Side sleepers generally want Soft. Combination sleepers who move through positions overnight want Medium. Back and stomach sleepers want Firm. The zoned lumbar layer, the coil core and the cooling stack are present in all three. The comfort layers above them are what change with the selection.
Twin, Twin XL, Full, Queen, King and Cal King. Bear the 15.5" profile in mind when you buy fitted sheets.
Up to 950 lb. If either sleeper is over 300 lb and wants heavier support underneath them, Brooklyn Bedding's Titan Plus line is engineered for that specific use.
This mattress is one-sided. The comfort layers are on top and the coil and base layers are on the bottom, so it should never be flipped. Rotate it head to foot every 6 to 8 months to spread wear evenly.
It is GREENGUARD Gold certified for indoor air quality and built on CertiPUR-US certified foams, which rules out ozone depleters, PBDE flame retardants, mercury, lead and other heavy metals, and formaldehyde. The construction is fiberglass free.
Brooklyn Bedding designs and assembles it in Arizona.
A 120-night comfort trial and a limited lifetime warranty. Shipping is free, the mattress arrives compressed as a bed-in-a-box, and it leaves in 3 to 7 business days.
The ThermoBalance Elite is HSA and FSA eligible for qualified customers. Whether your own purchase qualifies depends on your plan and your paperwork, so confirm it with your plan administrator first.

15.5 " tall: 10 layers · elite luxury cooling

Triple cooling: ThermoCool + ThermoPhase + 5 lb copper

Zoned lumbar: Dedicated support layer for spinal alignment

Ascension Max: Ultra-durable individually encased coils

  • Triple cooling · ThermoLayer™ 5 lb copper memory foam
  • Dedicated zoned lumbar support layer
  • Ascension Max ultra-durable coils
  • 360° airflow · same fundamentals
  • 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