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8
in accordance with the AAA Rules and this arbitration provision. If you
prevail in the arbitration, LG will pay your reasonable attorneys’ fees and
expenses to the extent required by applicable law. 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]om, 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
back of the product beneath the battery, if the battery is removable;or
(iii) from the settings menu via the following path: Settings > General
tab > About phone > Status). You may only opt out of the dispute
resolution procedure in the manner described above (that is, by e-mail
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