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LIMITED WARRANTY
44
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- Arbitration 1000 Sylvan Avenue Englewood 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 attorneys’ fees and expenses as long as they are reasonable,
by considering factors including, but not limited to, the purchase amount and claim amount. Notwithstanding the
foregoing, if applicable law allows for an award of reasonable attorneys’ fees and expenses, an arbitrator can award them
to the same extent that a court would. 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.
Except as otherwise provided for, LG waives any rights it may have to seek attorneys’ fees and expenses from you if LG
prevails in the arbitration.
Hearings and Location. If your claim is for $25,000 or less, you may choose to have the arbitration conducted solely on
the basis of (1) documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing as
established by the AAA Rules. If your claim exceeds $25,000, the right to a hearing will be determined by the AAA Rules.
Any in-person arbitration hearings will be held at a location within the federal judicial district in which you reside unless
we both agree to another location or we agree to a telephonic arbitration.
Opt Out. You may opt out of this dispute resolution procedure. If you opt out, neither you nor LG can require the other to
participate in an arbitration proceeding. To opt out, you must send notice to LG no later than 30 calendar days from the
date of the first consumer purchaser’s purchase of the product by either: (i) sending an e-mail to [email protected], with
the subject line: “Arbitration Opt Out” or (ii) calling 1-800-980-2973. You must include in the opt out e-mail or provide by
telephone: (a) your name and address; (b) the date on which the product was purchased; (c) the product model name or
model number; and (d) the serial number (the serial number can be found (i) on the product; or (ii) online by accessing
https://www.lg.com/us/support/repair-service/schedule-repair-continued and clicking on “Find My Model & Serial
Number”).
You may only opt out of the dispute resolution procedure in the manner described above (that is, by e-mail or telephone);
no other form of notice will be effective to opt out of this dispute resolution procedure. Opting out of this dispute
resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the
full benefits of the Limited Warranty. If you keep this product and do not opt out, then you accept all terms and conditions
of the arbitration provision described above.
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