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LIMITED WARRANTY - USA
188
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 optout@lge.
com, 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
IMEI or MEID or Serial Number, as applicable (the IMEI or MEID or
Serial Number can be found (i) on the product box; (ii) on a label on the
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