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Terms & Conditions

Updated April 25, 2024

1.  Introduction

These Terms and Conditions govern your access and use of the websites, applications, and other digital properties managed and owned by Nuvia MSO, LLC and its subsidiaries and affiliates (collectively, “Nuvia”, “we”, “us”, orour”) (collectively, “Sites”). 

2.  Acceptance

Please read these Terms and Conditions carefully before you access and use the Sites. BY ACCESSING AND USING THE SITES YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS. If you do not want to agree to these Terms and Conditions, you must not access or use the Sites or discontinue any access or use of the Sites.

3.  Arbitration And Class Action Waiver Notice

IF YOU ARE ENGAGING WITH OUR SITES FROM THE UNITED STATES (“US”), YOU AGREE THAT DISPUTES BETWEEN YOU AND NUVIA CONCERNING YOUR ACCESS AND USE OF THE SITES WILL BE RESOLVED BY THE DISPUTE RESOLUTION PROCESSES DESCRIBED IN SECTION 19 BELOW. YOU ALSO AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. FOR MORE DETAILS ON THIS PROCESS, AND HOW YOU CAN OPT-OUT, SEE SECTION 19 BELOW.

4.  Third Party Cookies And Pixels Notice

By using the Sites, you acknowledge that our Sites may utilize third-party cookies, pixels, and related technologies. These third parties may include those that provide us with analytics and marketing services (e.g., companies like Google, Meta, and others), as well as third parties that may provide us services such as payment processing (e.g., companies like Stripe), and other related service providers. By using our Sites, you acknowledge that you understand our Sites may use these services and consent to their collection of information from your device or use of the Sites. To learn more about how this information is collected and used, please see our Privacy Policy

5.  Eligibility

The Sites are offered and available to individuals who are 18 years of age or the age of consent in the state of your residence. If you do not meet all of these requirements, you must not access or use the Sites.

6.  Changes

We may revise and update these Terms and Conditions in our sole discretion. All changes are effective immediately when we post them and apply to your access and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms and Conditions means that you accept and agree to the changes, unless otherwise required by law. 

7.  Trademark and Acceptable Use

  • Protected Materials. The Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Materials”) are owned by Nuvia, its licensors, or other providers of such material and are protected by US and other international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
  • Marks. The trademarks, service marks, trade dress, trade names, and logos contained on the Sites, including but not limited to the Nuvia name and logo and other trademarks registered in the United States (collectively, “Marks”) are the sole property of Nuvia. In addition, all page headers, custom graphics, and custom icons are Marks of Nuvia. 
  • Limited Use. These Terms and Conditions permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites, except as follows:some text
    • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
    • You may store files that are automatically cached by your Web browser for display enhancement purposes.
    • You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
    • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • Prohibited Uses. You must not:some text
    • Modify copies of any materials from our Sites.
    • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
    • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites.
    • Access or use for any commercial purposes any part of the Sites or content contained therein. 
  • Termination of Access. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms and Conditions, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by Nuvia. Any use of the Sites not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

8.  Notice of Copyright Infringement

  • Copyright Infringement Notice. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Nuvia has implemented procedures for receiving written notification of claimed infringements. Nuvia has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit such a request to [email protected] containing the following information:some text
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed;
    • A description specifying the location on our website of the material that you claim is infringing;
    • Your email address and your mailing address and/or telephone number;
    • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 
    • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 
  • Counter-Notice. If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to the Digital Millennium Copyright Act, by sending a Counter-Notice to [INSERT EMAIL ADDRESS] containing the following information:
    • Your physical or electronic signature;
    • Identification of the material removed or to which access has been disabled; 
    • A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
    • Your full name, your email address, and your mailing address.

9.  Prohibited Uses

  • You may use the Sites only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Sites: some text
    • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • In any way that violates US international trade laws (including, without limitation, any laws and regulations implementing US and international sanctions programs on individuals, entities, or persons in sanctioned countries).
    • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
    • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
    • To impersonate or attempt to impersonate Nuvia, a Nuvia employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm Nuvia or users of the Sites, or expose them to liability.

10.  Mobile / SMS Terms / E-Mail

  • Mobile Features / SMS Messaging. Some of the Sites may have features for wireless device users (“Mobile Features”) and may allow you to opt-in to mobile services including SMS and/or MMS messaging programs (“SMS Messaging”). Your wireless provider may charge you for using Mobile Features or SMS Messaging, including fees related to the receipt of text messages or related to the transmission of data from your mobile device.
  • Additional Fees. In order to receive Mobile Features or utilize SMS Messaging, your wireless provider may require you to purchase additional services, and you may have to pay additional fees for those services. You agree that you understand, have knowledge of and accept the fees that your wireless provider may charge you and that Nuvia is not charging you and is not responsible for those fees.
  • Consent / Autodialer. To the extent you sign up for any Mobile Features or SMS Messaging, you may agree to receive recurring text messages and you understand that we may use an autodialer or other sort of automated calling system to send marketing text messages to the mobile number you provided at the time of opting-in for any Mobile Features or SMS Messaging. Your consent to receive text messages is not required or not a condition to make purchase or use our services, including but not limited to any feature on our Sites. Your wireless provider may apply message or data rates, which you know of and accept. 
  • Opt-Out. You understand that the service may be a recurring message program. You may opt-out of receiving text messages by replying STOP to any message received or by changing your contact methods through the Sites.
  • E-Mail Communications. You may be asked to consent to receive certain e-mail communications. You understand that you may stop any such communications by following the opt-out procedures set forth in any such communications or sending an e-mail to [email protected]

SMS Campaign Terms of Service

1. Use Case Description: Marketing & customer care: People who fill out an eval to find out if they’re eligible for dental implants will receive a  call or text to discuss their results and schedule a free consultation if they would like one. We may send an invitation to register for a free online webinar which provides information on what to expect during the process and go over costs. We provide text confirmations and reminders for any scheduled consults.

2. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].

4. Carriers are not liable for delayed or undelivered messages.

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive Variable number of messages sent at unpredictable intervals. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6. If you have any questions regarding privacy, please read our privacy policy: https://www.nuviasmiles.com/privacy-policy

11.  Monitoring and Enforcement; Termination

We have the right to:

  • Take any action with respect to any use of our Sites that we deem necessary or appropriate in our sole discretion, including if we believe that such use violates the Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for Nuvia.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.
  • Cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting any materials on or through the Sites.
  • Terminate or suspend your access to all or part of the Sites for any or no reason, including without limitation, any violation of these Terms and Conditions.

12.  Reliance on Information / Disclaimer of Accuracy of Information

There occasionally may be information through our Sites that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions. 

We undertake no obligation to update, amend, or clarify information in the Sites, except as required by law. No specified update or refresh date applied in the Sites should be taken to indicate that all information in the Sites has been modified or updated. 

13.  Privacy

To learn more about the information we collect about and from you when you use our Sites, please see our Privacy Policy.  

14.  Links from the Sites

If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15.  Disclaimer of Warranties

THE FOLLOWING DISCLAIMERS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOUR USE OF THE SITES, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NUVIAN NOR ANY PERSON ASSOCIATED WITH NUVIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER NUVIA NOR ANYONE ASSOCIATED WITH NUVIA REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT, OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SITES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, NUVIA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16.  Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL NUVIA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO IT, ANY PRODUCTS OBTAINED THROUGH THE SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE EXTENT ANY SUCH DAMAGES ARE REQUIRED BY APPLICABLE LAW, THEY SHALL BE CAPPED AT ONE HUNDRED DOLLARS ($100) (US). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17.  Indemnification

You agree to defend, indemnify, and hold harmless Nuvia, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Sites. 

18.  Force Majeure

Under no circumstances shall Nuvia be held responsible or liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war (including but not limited to cyber related events and/or occurrences attributed to state and/or quasi-state actors by either public or privacy organizations and/or entities and/or governments), governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, lighting, or air conditioning.

19.  Dispute Resolution, Arbitration, Class-Action Waiver, Jury Waiver

This Section applies to the extent you are engaging with our Sites from the US and in those jurisdictions where this Section is enforceable.

  • Disputes. The terms of this Section shall apply to all Disputes between you and Nuvia. For the purposes of this Section, “Dispute” shall mean any dispute, claim, controversy or action between you and Nuvia, including but not limited to disputes concerning these Terms and Conditions, your use of the Sites, and/or privacy or publicity rights, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis. YOU AND NUVIA AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS AND CONDITIONS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY NUVIA FOR (1) TRADE SECRET MISAPPROPRIATION; (2) PATENT INFRINGEMENT; (3) COPYRIGHT INFRINGEMENT OR MISUSE; AND/OR (4) TRADEMARK INFRINGEMENT OR DILUTION.
  • Opt-Out. You may opt-out of these arbitration procedures and the waiver of class and representative proceedings specified in these Terms and Conditions by sending a written letter to Nuvia at [email protected] within thirty (30) calendar days of your initial agreement to these Terms and Conditions (including your first use of the Sites) that specifies: (1) your name; (2) your mailing address; (3) and your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section. In the event that you opt-out consistent with the procedures set forth above, all other terms of these Terms and Conditions shall continue to apply.
  • Binding Arbitration. You and Nuvia agree: (1) to arbitrate all Disputes between you and Nuvia pursuant to the provision of these Terms and Conditions; (2) these Terms and Conditions memorialize a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination in these Terms and Conditions. 
  • Dispute Notice. In the event of a Dispute, you or Nuvia must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Nuvia must be addressed to [email protected] (“Nuvia Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you, or via email if we do not have any such address on file. Within 60 calendar days upon either party receiving the Dispute Notice, the parties shall engage in a good faith informal dispute resolution conference, whether by phone, e-mail, or other channel as agreed between the parties. You and Nuvia will work in good faith to schedule the informal conference at a mutually convenient time. If you are represented by counsel, your counsel may participate in the informal dispute resolution conference, but you shall also fully participate in such discussions. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. 
  • Mediation. In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration. Selecting the mediator, the appropriate terms for mediation (including costs), and a date for mediation shall be negotiated in good faith between the parties. The administrative fees associated with mediation shall be negotiated between the parties, but you will not be required to pay any such fees that exceed those fees you would be required to pay if proceeding in a court of law. Such fees also will not include attorneys’ fees and costs, if any, unless awarded during mediation. If the parties cannot agree to appropriate terms concerning mediation, the parties shall be entitled to proceed with an arbitration proceeding pursuant to this Section. The arbitrator may dismiss any arbitration brought without first proceeding through the informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. 
  • Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province, or territory if the action is within that court’s jurisdiction and is pending only in that court.
  • CLASS ACTION WAIVER. YOU AGREE THAT YOU MAY BRING DISPUTES AGAINST NUVIA IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS. 
  • MASS ACTION WAIVER. You and Nuvia agree that any Dispute between you shall be resolved only in an individual arbitration pursuant to this Section. You and Nuvia expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action, as defined below, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any Mass Action to award relief to anyone but the individual in arbitration, unless otherwise provided in this Section.

Mass Action” includes instances in which you or Nuvia are represented by a law firm or collection of law firms that has filed 25 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on you or Nuvia’s behalf, and the law firm or collection of law firms seek to simultaneously or collectively administer and/or arbitrate all arbitration demands in the aggregate. Notwithstanding this Section, nothing prevents you or Nuvia from participating in a mass settlement of claims.

  • Special Master Appointment. In the event there is a dispute concerning the Mass Action Waiver, the parties agree to resolve such dispute before a Special Master appointed by the arbitration provider and agreed to between the parties. The Special Master shall have authority to resolve disputes concerning: (i) filing fees owed with respect to any Mass Action; (ii) any dispute regarding whether this arbitration agreement has been followed; (iv) whether claimants are barred from proceeding with a Mass Action; (v) any dispute relating to the representation of the same claimant by multiple law firms; (vi) any dispute regarding discovery common to all claims; and (vii) any disputes regarding legal or factual issues common to all claims. If the Special Master determines you violated the Mass Action Waiver, either party shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator’s decision. You may opt-out of arbitration by providing a written notice to [email protected]. Nuvia may opt-out of arbitration by sending written notice of its intention to the arbitration provider and to you or your attorney, agent, or representative. For the avoidance of doubt, the ability to opt-out of arbitration at this stage in the proceedings only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree to the batching procedures below.
  • Batching. After proceedings before the Special Master have concluded, and to the extent any Mass Actions are permitted to proceed, the parties agree that Mass Actions will be batched into groups of no more than 200 demands per batch by state of residence (with any remaining demands batched into a single group). The parties shall inform the arbitrator of the batches and their composition within 14 calendar days of the conclusion of proceedings before the Special Master. The arbitrator provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filings fees assessed for, each batch as the batch proceeds to arbitration. 
  • Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (“AAA”) and be governed by the AAA Commercial Arbitration Rules and Mediation Procedures (“AAA Commercial Rules”), and other applicable rules, including the AAA Consumer Arbitration Rules (“AAA Consumer Rules”), as modified by these Terms and Conditions. The AAA Commercial Rules and AAA Consumer Rules are available at adr.org. If there is a conflict between the AAA Commercial Rules and AAA Consumer Rules and the rules set forth in these Terms and Conditions, the rules set forth in these Terms and Conditions shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of these Terms and Conditions. The arbitrator, and not any federal, state, provincial, territorial, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. 
  • Hearing Format. Unless otherwise agreed, the arbitration shall take place in the State of Utah but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses). In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, in any, is based. During the arbitration, the amount of any settlement offer made by Nuvia, or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Nuvia is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
  • Arbitration Fees. The arbitration fees are governed by AAA’s Commercial Arbitration Rules and Mediation Procedures Administrative Fee Schedule (“Commercial Fee Schedule”) or Consumer Arbitration Rules Costs of Arbitration (“Consumer Fee Schedule”), as applicable, and as modified by these Terms and Conditions. AAA’s Commercial Fee Schedule and Consumer Fee Schedule are available at adr.org. You agree that if you initiate the arbitration, you will pay your filing fee. You shall not be required to pay a filing fee that exceeds any amounts you would otherwise be required to pay by applicable law when filing a claim in a court of relevant jurisdiction. You are responsible for all additional costs that you incur in the arbitration, including without limitation, fees for attorneys or expert witnesses. 
  • Arbitrator’s Authority. All issues of arbitrability shall be reserved to the arbitrator. The arbitrator may award relief, including but not limited to monetary, declaratory, injunctive, or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief. The decision of the arbitrator shall be in writing and shall briefly set forth the essential findings of fact and legal analysis. A judgment to enforce the award may be entered by a court of competent jurisdiction, however, any award that has been satisfied may not be filed or entered into court. 
  • Binding Authority / Confidentiality. The parties agree that that they are each waiving their right to a trial by jury to the maximum extent permitted by law, and that the arbitrator’s award shall be final and binding unless the parties otherwise agree in writing. All arbitration proceedings will be confidential and closed to the public and any parties other than you and Nuvia.  
  • Amendments to this Section. Notwithstanding any provision in these Terms and Conditions to the contrary, you and Nuvia agree that if Nuvia makes any material amendments to the dispute resolution procedure and class action waiver provisions in these Terms and Conditions, Nuvia will notify you and you will have thirty (30) calendar days from the date of notice to affirmatively opt-out of any such amendments by sending a written letter to the Nuvia Notice Address that specifies: (1) your name; (2) your mailing address; and (3) your request to opt-out of such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these Terms and Conditions, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments. 
  • Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms and Conditions remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms and Conditions.
  • Exclusive Venue For Other Controversies. Crumb land you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of Utah and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such.

20. California Consumer Notice

California users are entitled to the following consumer rights notice: The Sites are provided by Nuvia. If you have a question or complaint regarding the Sites, please contact us by writing to [email protected]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

21.  Governing Law; Jurisdiction and Venue

This Agreement will be governed by and construed in accordance with the laws of the State of Utah, without giving effect to its conflict of laws provisions or the laws of your state. If for any reason a court of competent jurisdiction or arbitrator finds any provision or portion of this Agreement to be unenforceable, the remaining portion of this Agreement will continue in full force and effect.

22.  Waiver and Severability

No waiver by Nuvia of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Nuvia to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.

23.  Entire Agreement

These Terms and Conditions constitute the sole and entire agreement between you and Nuvia regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.

24.  Contact Us

All other feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to: [email protected].