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39
EN
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.
Denitions. For the purposes of this section, references to “LG” mean LG Electronics U.S.A.,
Inc., its parents, subsidiaries and afliates, and each of their ofcers, directors, employees,
agents, beneciaries, 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.
Notice of Dispute. In the event you intend to commence an arbitration proceeding, you must
rst notify LG in writing at least 30 days in advance of initiating the arbitration by sending
a letter to LG at LG Electronics, USA, Inc. Attn: Legal Department- Arbitration 111 Sylvan
Avenue, Englewood Cliffs, NJ 07632. You and LG agree to engage in good faith discussions
in an attempt to amicably resolve your claim. The notice must provide your name, address,
and telephone number; identify the product that is the subject of the claim; and describe
the nature of the claim and the relief being sought. If you and LG are unable to resolve the
dispute within 30 days, either party may proceed to le a claim for arbitration.
Agreement to Binding Arbitration and Class Action Waiver. Upon failure to resolve the
dispute during the 30 day period after sending written notice to LG, 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
specically, 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- Arbitration 111 Sylvan Avenue, Englewood Cliffs, NJ 07632. If there
is a conict 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.
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