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LIMITED WARRANTY - USA
195
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.
Definitions. For the purposes of this section, references to “LG” mean
LG Electronics MobileComm U.S.A., Inc., its parents, subsidiaries and
affiliates, and each of their officers, directors, employees, agents,
beneficiaries, 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 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 1000 Sylvan Ave,
Englewood Cliffs 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 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
product or claim. More specifically, without limitation of the foregoing,
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