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LG Dual Screen (LM-V605N) *optional-sold separately
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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], 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
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