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limited warranty
nuwavenow.com
18 19
ENGLISH
nuwavenow.com
LIMITED WARRANTY
18 19
distribution. THE LIMITED WARRANTY MAY NOT BE ALTERED,
VARIED OR EXTENDED EXCEPT BY A WRITTEN INSTRUMENT
EXECUTED BY THE MANUFACTURER. THE REMEDY OF
REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS
LIMITED WARRANTY IS EXCLUSIVE. IN NO EVENT SHALL THE
MANUFACTURER BE LIABLE FOR ANY CONSEQUENTIAL OR
INCIDENTAL DAMAGES TO ANY PERSON, WHETHER OR NOT
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: 1-877-689-2838
or email help@nuwavenow.com.
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