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Brooklyn Bedding ThermoBalance Elite Mattress

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Original price $2,331.00
Original price $2,331.00 - Original price $3,999.00
Original price $2,331.00
Current price $1,632.00
$1,632.00 - $2,799.00
Current price $1,632.00

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Elite cooling hybrid

Brooklyn Bedding ThermoBalance Elite Mattress

The Brooklyn Bedding ThermoBalance Elite Mattress is a 15.5 in. hybrid mattress with denser HD 5.0 memory foam, a zoned lumbar layer and Ascension Max coils. A ThermoCool cover pulls warmth off the surface as you lie down, and ThermoPhase foam beneath it absorbs and releases heat through the night. At 5 lb, the memory foam contours further into the shoulder and hip, spreading the load. A 0.75 in. lumbar layer firms up under the lower back to hold the spine in line. Up to 900 ultra-durable encased coils carry all ten layers, in Soft, Medium or Firm.

The Elite spends its added height on support and density. Air moves through the open-cell foams and the encased support core in a 360-degree airflow design. Warmth leaves from the middle of the mattress as well as off the top.

Profile
15.5 in.
Memory foam
HD 5.0
Layers
10
Weight capacity
Up to 950 lb
Fiberglass free CertiPUR-US certified foams Three comfort levels Limited lifetime warranty
Brooklyn Bedding ThermoBalance Elite, quilted ThermoCool surface

Inside the Elite

How it works

Support under the lower back
A dedicated 0.75 in. zoned lumbar layer sits between the memory foams and the support core, tuned to give the lower back its own level of support. It keeps the spine aligned as the heavier part of the body settles, and being built into the mattress it needs no positioning.
Built in, nothing to adjust
Denser HD 5.0 memory foam
Density tells you how much foam material occupies a cubic foot, and it decides how far a memory foam contours before it firms up. The Elite runs a denser high-density foam where the 14 in. ThermoBalance runs 4 lb, and contouring reaches deeper around the shoulder and hip.
Up from 4 lb density
An ultra-durable support core
Up to 900 individually encased Ascension Max coils fill an 8 in. unit. Ascension Max is the ultra-durable grade of Brooklyn Bedding's coil range, and it carries the full height of the Elite's comfort stack.
Ultra-durable grade
Triple cooling at three depths
The ThermoCool cover takes heat off the surface on contact, and ThermoPhase phase-change foam absorbs it as you warm and returns it as you cool. Open-cell foams and the open support core keep air moving underneath both.
Heat handled top to bottom

Why sleepers choose the Elite

Key features

Support that holds up over the years
The ultra-durable support core is engineered for a longer service life under a taller build.
Contouring that reaches further into shoulder and hip
Denser memory foam keeps giving gently before it firms up.
A steady sleep temperature
A phase-change layer evens out the temperature swings of the night.
Movement stays on its own side
Each pocket in the support core answers only the weight directly above it.
Air moving through the whole mattress
Open-cell foams and the support core let warmth escape from the middle as well as the top.
A taller comfort stack
Two more layers than the 14 in. build add depth above the support core.
A choice of three feels
Soft, Medium and Firm builds share the same support core and heat control.
Copper-infused foam in one comfort build
One of the three builds adds HD 4.0 copper memory foam for its antimicrobial and cooling benefits.

A closer look at the Elite

How to use it

Brooklyn Bedding ThermoBalance Elite, layer stack from cover to base
Layer stack

Every layer from cover to core

Every Elite build shares its cooling cover, its phase-change and quilt foams and its support layers. Above the support layers, HD 5.0 memory foam joins a set of comfort foams that changes with the comfort level you choose.

  • ThermoCool Cover over 0.75 in. ThermoPhase Foam
  • Two layers of quilt foam
  • HD 5.0 memory foam, with VX 2.5, VariFlex, HD 3.6 or HD 4.0 copper foams set by comfort level
  • Zoned Lumbar Support above 8 in. Ascension Max coils
Comfort foams set by feel
Brooklyn Bedding ThermoBalance Elite, finished corner and certification
Certification

What goes into the materials

GREENGUARD Gold is an indoor air quality certification for the finished mattress. CertiPUR-US governs what the foams themselves are made from, and the whole build is fiberglass free. The fire barrier is a non-woven blend of hydrated silica, rayon and polyester, either quilted into the panels or wrapped around the foam as a sock.

  • Ozone depleters, mercury and formaldehyde excluded
  • PBDE flame retardants, lead and heavy metals excluded
  • No chemical flame retardant in the fire barrier
GREENGUARD Gold
Brooklyn Bedding ThermoBalance Elite, made bed ready for sleep
Care

Setting it up for the long run

The Elite is one-sided, with the comfort layers on top and the support layers below, and it is never flipped. Turning it head to foot every 6 to 8 months spreads wear evenly. Every mattress develops minimal impressions where you lie, and Brooklyn Bedding picks its foams for durability to keep them shallow.

  • Spot clean the cover with a mild detergent, dabbing rather than rubbing so the fabric is not damaged
  • A machine washable mattress protector keeps the surface clean
  • Keeping to the rotation schedule stops an impression settling into permanent sag
One-sided
Brooklyn Bedding ThermoBalance Elite, assembly at the Arizona factory
Made in-house

Built in its own factory

Brooklyn Bedding designs the ThermoBalance Elite and assembles it at its own factory in Arizona. The foams inside it are made in-house there too, and the finished mattress comes off its own production line.

  • Designed and assembled in Arizona
  • Foams made in-house
Factory direct

The ThermoBalance family

How it compares

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
Shop the ThermoBalance
You're Here
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
Currently viewing
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 Elite questions

Frequently asked questions

The Elite is 15.5 in. tall with ten layers, where the ThermoBalance is 14 in. with eight. Its memory foam is HD 5.0 at 5 lb, a zoned lumbar layer sits under the lower back, and the coil unit is Ascension Max at up to 900 coils.
Yes. Cool-tech fibers in the cover draw heat off the surface, and the phase-change layer holds sleep temperature steady by absorbing and releasing heat. Airflow runs 360 degrees through the open-cell foams and the support core, and one of the three builds adds a copper-infused foam layer for conduction.
Side sleepers generally want Soft, combination sleepers who move through positions want Medium, and back and stomach sleepers want Firm. The cover, the cooling layers and the support core are in all three, and the comfort foams change with the firmness you choose.
Twin, Twin XL, Full, Queen, King and CA King. Fitted sheets need deep enough pockets to clear its tall profile.
A supportive, solid base or foundation. It holds up to 950 lb across the mattress.
It ships free by FedEx Ground to the lower 48 states as a bed-in-a-box, after a production window of 5 to 12 business days.
The foams settle in over 30 to 45 nights, and the new-foam smell usually clears within 24 hours. Opening it in a well-ventilated room helps any slight scent clear.
It may be eligible for HSA or FSA payment for qualified customers; eligibility depends on your plan and documentation.
Brooklyn Bedding backs the ThermoBalance Elite with a limited lifetime warranty.
  • Height: 15.5 in.
  • Layers: 10
  • Coil unit: 8 in. Ascension Max, up to 900 individually encased coils
  • Memory foam: HD 5.0, 5 lb
  • Lumbar layer: 0.75 in. Zoned Lumbar Support
  • Cooling: ThermoCool cover, 0.75 in. ThermoPhase foam, 360-degree airflow
  • Sizes: Twin, Twin XL, Full, Queen, King, CA King
  • Weight capacity: Up to 950 lb
  • Certifications: GREENGUARD Gold, CertiPUR-US foams, fiberglass free
  • Warranty: Limited lifetime
  • Triple cooling: ThermoCool cover, ThermoPhase phase-change foam and 360-degree airflow through the coils
  • Zoned lumbar support: A dedicated 0.75 in. layer for spinal alignment under the lower back
  • HD 5.0 memory foam: 5 lb high-density foam for deeper contouring at the shoulder and hip
  • Ascension Max coils: Up to 900 ultra-durable individually encased coils
  • Comfort levels: Soft, Medium or Firm


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