LG Stylo H364 User Manual page 119

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 fi ling 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 fi ling, 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 reasonable attorneys' fees and expenses to the extent required by applicable law. If the arbitrator fi nds
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 fi rst consumer purchaser's purchase of the product by either: (i) sending
an e-mail to optout@lge.com, 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 product was purchased; (c) the product 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 product
box; (ii) on a label on the back of the product beneath the battery, if the battery is removable; or (iii) from
the settings menu via the following path: Settings > About phone > Status). You may only opt out of the
dispute resolution procedure in the manner described above (that is, by e-mail or telephone); no other form
of notice will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution
procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the
full benefi ts of the Limited Warranty. If you keep this product and do not opt out, then you accept all terms
and conditions of the arbitration provision described above.