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, 560 Bunker Ct., Vernon HIlls, IL
60061, 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
limited warranty