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LIMITED WARRANTY STATEMENT 131
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 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
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