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LG Dual Screen (LM-G905N) 240
performance of the Accessory or this Limited Warranty.
Notice of Dispute. In the event you intend to commence an arbitration proceeding,
you must first notify LG in writing at least 30 days in advance of initiating the
arbitration by sending a letter to LG at LG Electronics U.S.A., Inc. Attn: Legal
Department- Arbitration 111 Sylvan Avenue, North Building, 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 Accessory 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 file 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 Accessory 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
U.S.A., Inc. Attn: Legal Department- Arbitration 111 Sylvan Avenue, North Building,
Englewood 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 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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