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LG Dual Screen (LM-V605N) 245
Governing Law. The law of the state of your residence shall govern this Limited
Warranty and any disputes between us except to the extent that such law is
preempted by or inconsistent with applicable federal law.
Fees/Costs. You do not need to pay any fee to begin an arbitration. Upon receipt
of your written demand for arbitration, LG will promptly pay all arbitration filing
fees to the AAA unless you seek more than $25,000 in damages, in which case
the payment of these fees will be governed by the AAA Rules. Except as otherwise
provided for herein, LG will pay all AAA filing, administration and arbitrator fees
for any arbitration initiated in accordance with the AAA Rules and this arbitration
provision. If you 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 Accessory 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 Accessory was
purchased; (c) the Accessory 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 Accessory box; (ii) on a label on the back of the Accessory beneath
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