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nuwavenow.com | 17
WARRANTY
DISPUTE RESOLUTION PROCEDURE • OWNER’S MANUAL
DISPUTE RESOLUTION PROCEDURE
For disputes relating to use of the website or use or purchase of a NuWave product or service (collec-
tively “Disputes”), you agree to rst contact NuWave LLC at (877) 689-2838, or legal@nuwavenow.
com. 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 compe-
tent jurisdiction. The arbitration will be conducted in accordance with the provisions of AAA’s Commer-
cial 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, a judge trial, or a 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, includ-
ing but not limited to, bringing or joining any claims in any class action or class-wide arbitra-
tion.
C.OPT OUT PROCEDURE. To request to opt out of arbitration you must contact NuWave LLC at
1-877-689-2838 (Mon–Fri 7:30am–4:30pm CST), or email help@nuwavenow.com. You will
have 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 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.
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