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Appendix
130
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.
Agreement to Binding Arbitration and Class Action Waiver. 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.
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
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