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LIMITED WARRANTY
limited warranty
nuwavenow.com
ENGLISHLimited Warranty
OCCASIONED BY NEGLIGENCE OF THE MANUFACTURER,
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, COSTS OF SUBSTITUTION, PROPERTY DAMAGE, OR
OTHER MONEY LOSS.
Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitation exclusions
may not apply. This Limited Warranty gives specific legal rights,
and there may also be other rights which vary from state to state.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED ABOVE,
THE MANUFACTURER MAKES NO WARRANTIES EXPRESSED
OR IMPLIED ARISING BY LAW OR OTHERWISE, INCLUDING
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE TO ANY OTHER PERSON. READ YOUR OWNER’S
MANUAL. IF YOU STILL HAVE ANY QUESTIONS ABOUT
OPERATION OR WARRANTY OF THE PRODUCT, PLEASE
CONTACT NUWAVE LLC. 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.
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: 1-888-502-7807
or email support@nuwavenow.com.
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