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LIMITED WARRANTY - USA 153
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, 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 1000 Sylvan Avenue Englewood Cliffs, NJ 07632.
If there is a conflict between the AAA Rules and the rules set forth in this section,
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