LG WM5005H A Series Owner's Manual page 42

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WARRANTY
PROCEDURE FOR RESOLVING DISPUTES:
ALL DISPUTES BETWEEN YOU AND LG ARISING OUT OF OR RELATING IN ANYWAY TO THIS LIMITED WARRANTY OR THE PRODUCT
SHALL BE RESOLVEDEXCLUSIVELY THROUGH BINDING ARBITRATION, AND NOT IN A COURT OFGENERAL JURISDICTION. BINDING
ARBITRATION MEANS THAT YOU AND LG AREEACH WAIVING THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE INA
CLASS ACTION.
Definitions. For the purposes of this section, references to "LG" mean LGElectronics U.S.A., Inc., its parents, subsidiaries and
affiliates, and eachof their officers, directors, employees, agents, beneficiaries, predecessors in interest,successors, assigns and
suppliers; references to "dispute" or "claim" shall include anydispute, claim or controversy of any kind whatsoever (whether based in
contract,tort, statute, regulation, ordinance, fraud, misrepresentation or any other legalor equitable theory) arising out of or relating in
any way to the sale, condition orperformance 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,USA, Inc.Attn: Legal Department- Arbitration1000 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 toresolve 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 notbe combined or consolidated with a dispute involving any
other person's or entity'sproduct or claim. More specifically, without limitation of the foregoing, any disputebetween you and LG
shall not under any circumstances proceed as part of a classor representative action. Instead of arbitration, either party may bring an
individualaction in small claims court, but that small claims court action may not be broughton a class or representative basis.
Arbitration Rules and Procedures. To begin arbitration of a claim, either you or LGmust make a written demand for arbitration. The
arbitration will be administeredby the American Arbitration Association ("AAA") and will be conducted before asingle arbitrator under
the AAA's Consumer Arbitration Rules that are in effectat the time the arbitration is initiated (referred to as the "AAA Rules") and
underthe procedures set forth in this section. The AAA Rules are available online atwww.adr.org/consumer. Send a copy of your written
demand for arbitration, aswell as a copy of this provision, to the AAA in the manner described in the AAARules. You must also send a
copy of your written demand to LG at LG Electronics,USA, Inc.Attn: Legal Department- Arbitration1000 Sylvan AvenueEnglewoodCliffs,
NJ 07632. If there is a conflict between the AAA Rules and the rules setforth in this section, the rules set forth in this section will
govern. This arbitrationprovision is governed by the Federal Arbitration Act. Judgment may be entered onthe arbitrator's award in any
court of competent jurisdiction. All issues are for thearbitrator to decide, except that issues relating to the scope and enforceability
ofthe arbitration provision and to the arbitrability of the dispute are for the court todecide. The arbitrator is bound by the terms of this
provision.
Governing Law. The law of the state of your residence shall govern this LimitedWarranty and any disputes between us except to the
extent that such law ispreempted by or inconsistent with applicable federal law.
Fees/Costs. You do not need to pay any fee to begin an arbitration. Upon receiptof your written demand for arbitration, LG will promptly
pay all arbitration filingfees to the AAA unless you seek more than $25,000 in damages, in which casethe payment of these fees will be
governed by the AAA Rules. Except as otherwiseprovided for herein, LG will pay all AAA filing, administration and arbitrator feesfor
any arbitration initiated in accordance with the AAA Rules and this arbitrationprovision. 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 findseither the substance of your claim
or the relief sought in the demand is frivolousor brought for an improper purpose (as measured by the standards set forth inFederal
Rule of Civil Procedure 11(b)), then the payment of all arbitration fees willbe governed by the AAA Rules. In such a situation, you agree
to reimburse LG for allmonies previously disbursed by it that are otherwise your obligation to pay underthe AAA Rules.Except as
otherwise provided for, LG waives any rights it may have to seekattorneys' 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 tohave the arbitration conducted solely on the basis of
(1) documents submitted tothe arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing asestablished by the AAA
Rules. If your claim exceeds $25,000, the right to a hearingwill be determined by the AAA Rules. Any in-person arbitration hearings will
be heldat a location within the federal judicial district in which you reside unless we bothagree 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 thedate of the first consumer
purchaser's purchase of the product by either: (i) sendingan 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 bytelephone: (a) your name and address; (b) the date on
which the product waspurchased; (c) the product model name or model number; and (d) the serial number (the serial number can be
found (i) on the product; or (ii) online by accessing https://www.lg.com/us/support/repair-service/schedule-repair-continued and clicking
on "Find My Model & Serial Number").
You may only opt out of the dispute resolution procedure in the manner describedabove (that is, by e-mail or telephone); no other form
of notice will be effective toopt out of this dispute resolution procedure. Opting out of this dispute resolutionprocedure will not affect
the coverage of the Limited Warranty in any way, andyou will continue to enjoy the full benefits of the Limited Warranty. If you keepthis
product and do not opt out, then you accept all terms and conditions of thearbitration provision described above.