LIMITED WARRANTY
DISPUTE RESOLUTION PROCEDURE. For disputes relating to
use of the website or use or purchase of a NuWave product or
service (collectively "Disputes"), you agree to first contact NuWave
LLC at (877) 689-2838 (phone), (847) 367-5486 (facsimile),
or legal@nuwavenow.com (email). If we cannot resolve your
dispute informally, any and all disputes shall be submitted to final
and binding arbitration. You may start the arbitration process
by submitting in writing a demand to the American Arbitration
Association ("AAA") and sending a copy to NuWave. NuWave
will pay all filing costs. A single arbitrator of the AAA will conduct
the arbitration in a location convenient to you or by phone.
The arbitrator's award will be binding and may be entered as a
judgment in a court of competent jurisdiction. The arbitration will be
conducted in accordance with the provisions of AAA's Commercial
Arbitration Rules and Mediation Procedures in effect at the time of
submission of your demand for arbitration. See https://www.adr.org/
sites/default/files/CommercialRules_Web.pdf. Except as may be
required by law as determined by an arbitrator, no party or arbitrator
may disclose the existence, content, or results of any arbitration
hereunder without prior written consent of both parties.
A. WAIVER OF RIGHT TO SUE. By agreeing to arbitration you
understand that, to the maximum extent permitted by law, you
are agreeing to waive your right to file suit in any court, to a court
hearing, judge trial, and jury trial.
B. CLASS ACTION WAIVER. To the maximum extent permitted
by law you expressly agree to refrain from bringing or joining any
claims in any representative or class-wide capacity, including but
not limited to, bringing or joining any claims in any class action or
class-wide arbitration.
C. OPT OUT PROCEDURE. To opt out of arbitration you must
contact NuWave. To request to opt out of arbitration contact us at
legal@nuwavenow.com (email), NuWave LLC, 1795 N. Butterfield
Road, Libertyville, IL 60048, U.S.A., (847) 367-5486 (fax), or (877)
689-2838 or (224) 206-3019 (phone). You will have thirty (30)
days from the date of product delivery to opt out of arbitration with
respect to any dispute arising out of or relating to use or purchase
of any NuWave product. If more than 30 days have passed you are
not eligible to opt out of arbitration and will have waived your right
to sue or participate in a class action with respect to the dispute
arising out of your purchase or use of a NuWave product. For any
dispute arising out of your use of NuWave's website, you have thirty
(30) days from the date you provided information to the website to
opt out of arbitration. If more than 30 days have passed you are not
eligible to opt out of arbitration and you will have waived your right
to sue and participate in a class action with respect to the dispute
arising out of your use of NuWave's website.
24
24
limited warranty