NuWave 38151 Todd English Pro-Smart Grill

User Manual - Page 33

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nuwavenow.com | 33
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 rst contact NuWave LLC at (877) 689-2838 (phone), (847)
367-5486 (facsimile), or help@nuwavenow.com (email). If we cannot resolve your dispute informally,
any and all disputes shall be submitted to nal 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 ling 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/
les/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 le 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
help@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.
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. (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 (Mon-Fri 7:30am-4:30pm CST).
LIMITED WARRANTY
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