Skip to content

Brooklyn Bedding ThermoBalance Mattress

Save 30% Save 30%
Original price $1,831.00
Original price $1,831.00 - Original price $3,199.00
Original price $1,831.00
Current price $1,282.00
$1,282.00 - $2,239.00
Current price $1,282.00

✓ Authorized Brooklyn Bedding Dealer
✓ Lowest Price Guaranteed
✓ FREE & FAST Shipping: In Stock and Ready to Ship
✓ Questions? Call an RFA Team Member: 1-855-864-6442

Brooklyn Bedding ThermoBalance

Brooklyn Bedding ThermoBalance Mattress

The Brooklyn Bedding ThermoBalance Mattress is a 14 in. cooling hybrid mattress with a ThermoCool cover and ThermoPhase foam over copper memory foam and zoned coils. The cover takes heat off the surface at the moment of contact. Just under it, a 0.75 in. phase-change layer stores heat as you warm and returns it as you cool, holding a steady sleep temperature. Deeper down, 1.5 in. of HD 4.0 copper-infused memory foam conducts it away from you. Up to 1,032 individually encased Ascension Zoned coils sit underneath, running firmer through the lumbar region and softer under the shoulders and hips.

Every unit in the support core is wrapped on its own and answers only the load directly above it, keeping motion from crossing between two sleepers. NapLab scored the ThermoBalance 9.26 out of 10 overall, placing it in the top 5% of the mattresses they have tested.

Profile
14 in.
Layers
Eight
Comfort options
Soft, Medium or Firm
Weight capacity
950 lb
Triple cooling technology Fiberglass free Designed and assembled in Arizona

The cooling stack

How it works

ThermoCool cover
Cool-tech fibers are woven into the top fabric, the one layer your skin actually touches. They draw excess heat off the sleep surface on contact, and the mattress reads cool from the second you lie down.
Cool on contact
ThermoPhase phase-change foam
Phase-change material changes state at a set temperature, absorbing heat while your body warms and releasing it back once you cool down. That storage and return holds a steady sleep temperature through the night while the room temperature drifts around it. It sits second from the top, above every foam that contours.
0.75 in. PCM layer
HD 4.0 memory foam
This 4 lb high-density memory foam carries copper particles. Copper conducts, so body heat travels out of the layer and away from you with no fan or plug involved. The infusion also brings antimicrobial protection, and the density delivers the deep pressure relief in this build.
4 lb density, 1.5 in. thick
Zoned support and 360-degree airflow
Up to 1,032 individually encased Ascension coils are grouped into three regions: shoulders and hips meet softer support, and the lumbar region meets firmer support. Open-cell foams above an encased support unit make the 360-degree airflow design work, giving heat an exit from the middle of the mattress too.
Firmer under the low back

Why athletes choose the ThermoBalance

Key features

Cool the moment your skin lands on it
The cover's cool-tech fibers lift heat away as soon as you lie down.
A steady sleep temperature while the room drifts
Phase-change foam stores heat as you warm and gives it back as you cool.
Body heat conducts down and away
Conductive particles in the HD 4.0 memory foam move heat out of the layer.
Antimicrobial protection in the comfort foam
The infused memory foam keeps the sleep surface cleaner over time.
Firmer support under the low back and softer under the shoulders
The support core runs in three zones matched to the body.
Movement stays local to the side of the bed it started on
Each encased unit compresses on its own and keeps a partner's motion where it began.
A feel for every sleeping position
Soft, Medium and Firm builds share the same cover, phase-change layer and support core.
Heat has a way out at every level
Open-cell foams and an open support core let air move through the whole mattress.

A closer look at the ThermoBalance

How to use it

Brooklyn Bedding ThermoBalance, eight layers from cover to base
Construction

Cooling first and support below

The cover and the phase-change foam handle heat on the way in, before it reaches the foams doing the contouring. From there the build firms up downward through a transition foam into the support core and the base. The comfort foams change with the firmness you choose.

  • ThermoCool cover with cool-tech fibers
  • 0.75 in. ThermoPhase phase-change foam over 0.75 in. quilt foam
  • Comfort foams: 1.5 in. HD 4.0 copper-infused memory foam (4 lb), with CopperFlex, VariFlex and HD 3.6 foams set by comfort level
  • 8 in. Ascension Zoned encased coils, up to 1,032
  • Supportive base foam
Brooklyn Bedding ThermoBalance, corner with its certification badges
Materials

What is in the build, and what is kept out

The ThermoBalance is fiberglass free through the whole construction, GREENGUARD Gold certified, and built on CertiPUR-US certified foams. Those foams are made without anything on the CertiPUR-US exclusion list.

  • No ozone depleters
  • No PBDE flame retardants
  • No mercury
  • No lead or other heavy metals
  • No formaldehyde
Assembled in Arizona
Brooklyn Bedding ThermoBalance, the full mattress made up on a bed
Edges

Room to use the whole surface

Edge reinforcement built into the support core keeps the sides supportive, so you can sit on the edge to dress or sleep close to it. Every mattress develops minimal impressions where you lie, and durable foams keep them shallow on the ThermoBalance. A head-to-foot turn every 6 to 8 months stops them settling into sag.

The ThermoBalance family

How it compares

The family splits on two choices: memory foam or Talalay latex in the comfort layer, and the 14 in. standard build or the 15.5 in. Elite.

You're Here
Brooklyn Bedding ThermoBalance Mattress, cooling hybrid in a bedroom
Brooklyn Bedding ThermoBalance Mattress
The 14 in. ThermoBalance, with copper memory foam over 8 in. Ascension Zoned coils.
14 in. tall Copper memory foam Up to 1,032 zoned coils Soft, Medium or Firm
Currently viewing
Brooklyn Bedding ThermoBalance Elite Mattress, tall hybrid in a bedroom
Brooklyn Bedding ThermoBalance Elite Mattress
The 15.5 in. Elite build, with denser memory foam, a zoned lumbar layer and Ascension Max coils.
15.5 in. tall Memory foam Up to 900 Ascension Max coils Soft, Medium or Firm
Shop the ThermoBalance Elite
Brooklyn Bedding ThermoBalance LX Mattress, latex hybrid in a bedroom
Brooklyn Bedding ThermoBalance LX Mattress
The 14 in. ThermoBalance with a Talalay latex comfort layer over Ascension Zoned coils.
14 in. tall Talalay latex Up to 1,032 zoned coils Soft, Medium or Firm
Shop the ThermoBalance LX
Brooklyn Bedding ThermoBalance LX Elite Mattress, tall latex hybrid
Brooklyn Bedding ThermoBalance LX Elite Mattress
The 15.5 in. latex build, pairing Talalay latex with a zoned lumbar layer and Ascension Max coils.
15.5 in. tall Talalay latex Up to 900 Ascension Max coils Soft, Medium or Firm
Shop the ThermoBalance LX Elite

ThermoBalance questions

Frequently asked questions

It means three cooling components working at different depths: the ThermoCool cover, the ThermoPhase foam and the airflow through the support core. The cover pulls heat off the surface through cool-tech fibers in the top fabric, and the ThermoPhase foam absorbs heat as you warm and releases it as you cool. The 360-degree airflow design moves air through the open-cell foams and the support core, while the HD 4.0 copper-infused memory foam carries heat down and away.
It splits the 8 in. unit into three regions: softer under the shoulders and hips so they settle in, firmer through the lumbar region so the spine stays in line. Each encased unit compresses under the weight directly above it and leaves its neighbors alone. Motion gets absorbed close to where it happens, giving the mattress its motion isolation between two sleepers.
Soft suits side sleepers, who need the shoulder and hip to settle. Medium suits combination sleepers who change position overnight, and Firm suits back and stomach sleepers, who need a flatter surface under the spine. The cover, the phase-change layer, the airflow design and the zoned support core are identical in all three, and only the comfort foams above the support core change.
The ThermoBalance stands 14 in. tall across eight layers and uses 4 lb HD 4.0 memory foam. The Elite reaches 15.5 in. across ten layers, with 5 lb HD 5.0 memory foam and a separate zoned layer under the lower back.
Six standard sizes: Twin, Twin XL, Full, Queen, King and CA King.
A solid base with minimal flex: a platform, a box foundation or slats no more than 5 in. apart. It supports up to 950 lb.
This mattress is one-sided. The comfort layers are on top and the support and base layers are on the bottom, so it should never be flipped. Spot clean the cover with a mild detergent and keep a machine washable protector on it.
GREENGUARD Gold certified and built on CertiPUR-US certified foams, with no fiberglass in the construction. Brooklyn Bedding designs and assembles the mattress in Arizona.
It ships free as a bed-in-a-box, compressed and rolled, and leaves in 3 to 6 business days. The foams settle in over 30 to 45 nights, and the new-foam smell usually clears within 24 hours.
Brooklyn Bedding backs the ThermoBalance with a limited lifetime warranty. It may be eligible for HSA or FSA payment for qualified customers; eligibility depends on your plan and documentation.
  • Height: 14 in.
  • Layers: 8
  • Firmness: Soft, Medium or Firm
  • Cooling: Three - ThermoCool cover, 0.75 in. ThermoPhase foam and the airflow through the support core, with HD 4.0 copper-infused memory foam below
  • Coils: 8 in. Ascension Zoned, up to 1,032 individually encased, 3-zoned lumbar support
  • Sizes: Twin, Twin XL, Full, Queen, King, CA King
  • Weight capacity: 950 lb
  • Foundation: Solid, low-flex base or slats no more than 5 in. apart
  • Certifications: CertiPUR-US certified foams, GREENGUARD Gold, fiberglass free
  • Made: Designed and assembled in Arizona
  • Warranty: Limited lifetime
  • ThermoCool cover: Cool-tech fibers take excess heat off the sleep surface on contact
  • ThermoPhase foam: 0.75 in. phase-change layer that absorbs and releases heat to hold a steady sleep temperature
  • HD 4.0 memory foam: 4 lb copper-infused memory foam that conducts heat away and brings antimicrobial protection
  • Zoned support: Ascension Zoned coils in three regions with a 360-degree airflow design


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.
  • 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