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LIMITED WARRANTY STATEMENT 145
Arbitration Rules and Procedures. To begin arbitration of a claim, either you
or LG must make a written demand for arbitration. The arbitration will be
administered by the American Arbitration Association (AAA) and will be
conducted before a single arbitrator under the AAA’s Consumer Arbitration
Rules that are in effect at the time the arbitration is initiated (referred to
as the “AAA Rules”) and under the procedures set forth in this section. The
AAA Rules are available online at
www.adr.org/consumer
. Send a copy of your
written demand for arbitration, as well as a copy of this provision, to the AAA
in the manner described in the AAA Rules. You must also send a copy of your
written demand to LG at LG Electronics, USA, Inc. Attn: Legal Department-
Arbitration1000 Sylvan AvenueEnglewood Cliffs, NJ 07632. If there is a
conflict between the AAA Rules and the rules set forth in this section, the
rules set forth in this section will govern. This arbitration provision is governed
by the Federal Arbitration Act. Judgment may be entered on the arbitrator’s
award in any court of competent jurisdiction. All issues are for the arbitrator
to decide, except that issues relating to the scope and enforceability of the
arbitration provision and to the arbitrability of the dispute are for the court to
decide. The arbitrator is bound by the terms of this provision.
Governing Law: The law of the state of your residence shall govern this
Limited Warranty and any disputes between us except to the extent that
such law is preempted by or inconsistent with applicable federal law.
Fees/Costs. You do not need to pay any fee to begin an arbitration. Upon
receipt of your written demand for arbitration, LG will promptly pay all
arbitration filing fees to the AAA unless you seek more than $25,000 in
damages, in which case the payment of these fees will be governed by the
AAA Rules. Except as otherwise provided for herein, LG will pay all AAA filing,
administration and arbitrator fees for any arbitration initiated in accordance
with the AAA Rules and this arbitration provision. If you prevail in the
arbitration, LG will pay your reasonable attorneys’ fees and expenses to the
extent required by applicable law. If the arbitrator finds either the substance
of your claim or the relief sought in the demand is frivolous or brought for
an improper purpose (as measured by the standards set forth in Federal
Rule of Civil Procedure 11(b)), then the payment of all arbitration fees will be
governed by the AAA Rules. In such a situation, you agree to reimburse LG for
all monies previously disbursed by it that are otherwise your obligation to pay
under the AAA Rules.
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