NuWave Bravo XL Owner's Manual page 20

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
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limited warranty
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.
D. SOME MATTERS ARE NOT SUBJECT TO ARBITRATION.
Notwithstanding the foregoing, the following shall not be
subject to arbitration and may be adjudicated only in the state
and federal courts of Illinois: (i) any dispute, controversy, or
claim relating to or contesting the validity of our intellectual
property rights and proprietary rights, including without
limitation, patents, trademarks, service marks, copyrights,
or trade secrets; (ii) an action by a party for temporary,
preliminary, or permanent injunctive relief, whether prohibitive
or mandatory, or other provisional relief; or (iii) interactions
with governmental and regulatory authorities. 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 any
class-wide arbitration.
READ YOUR OWNER'S MANUAL
If you still have any questions about operation or warranty of
the product, please contact NuWave LLC at: 1-877-689-2838
or email help@nuwavenow.com.
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