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LIMITED WARRANTY - USA 132
PROCEDURE FOR RESOLVING DISPUTES:
ALL DISPUTES BETWEEN YOU AND LG ARISING OUT OF OR RELATING
IN ANY WAY TO THIS LIMITED WARRANTY OR THE PRODUCT SHALL BE
RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, AND NOT IN A
COURT OF GENERAL JURISDICTION. BINDING ARBITRATION MEANS THAT
YOU AND LG ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO
BRING OR PARTICIPATE IN A CLASS ACTION.
Definitions. For the purposes of this section, references to “LG” mean LG
Electronics MobileComm U.S.A., Inc., its parents, subsidiaries and affiliates, and
each of their officers, directors, employees, agents, beneficiaries, predecessors
in interest, successors, assigns and suppliers; references to “dispute” or
“claim” shall include any dispute, claim or controversy of any kind whatsoever
(whether based in contract, tort, statute, regulation, ordinance, fraud,
misrepresentation or any other legal or equitable theory) arising out of or
relating in any way to the sale, condition or performance of the product or this
Limited Warranty.
Notice of Dispute. In the event you intend to commence an arbitration
proceeding, you must first notify LG in writing at least 30 days in advance
of initiating the arbitration by sending a letter to LG at LG Electronics U.S.A.,
Inc. Attn: Legal Department- Arbitration 1000 Sylvan Ave, Englewood Cliffs
07632. You and LG agree to engage in good faith discussions in an attempt
to amicably resolve your claim. The notice must provide your name, address,
and telephone number; identify the product that is the subject of the claim;
and describe the nature of the claim and the relief being sought. If you and LG
are unable to resolve the dispute within 30 days, either party may proceed to
file a claim for arbitration.
Agreement to Binding Arbitration and Class Action Waiver. Upon failure to
resolve the dispute during the 30 day period after sending written notice
to LG, you and LG agree to resolve any claims between us only by binding
arbitration on an individual basis, unless you opt out as provided below.
Any dispute between you and LG shall not be combined or consolidated
with a dispute involving any other person’s or entity’s product or claim.
More specifically, without limitation of the foregoing, any dispute between
you and LG shall not under any circumstances proceed as part of a class
or representative action. Instead of arbitration, either party may bring an
individual action in small claims court, but that small claims court action may
not be brought on a class or representative basis.
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