LG WM6700H A Series Owner's Manual page 100

56 WARRANTY
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 Canada,
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
LGECI Legal Team at 20 Norelco Drive, North York,
Ontario, Canada M9L 2X6 (the "Notice of Dispute").
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 of LG's receipt of the
Notice of Dispute, the dispute shall be resolved by
binding arbitration in accordance with the
procedure set out herein. You and LG both agree
that, during the arbitration proceeding, the terms
(including any amount) of any settlement offer
made by either you or LG will not be disclosed to
the arbitrator until the arbitrator determines the
dispute.
Agreement to Binding Arbitration and Class
Action Waiver. Upon failure to resolve the dispute
during the 30 day period after LG's receipt of the
Notice of Dispute, you and LG agree to resolve any
claims between you and LG only by binding
arbitration on an individual basis, unless you opt
out as provided below, or you reside in a
jurisdiction that prevents full application of this
clause in the circumstances of the claims at issue
(in which case if you are a consumer, this clause
will only apply if you expressly agree to the
arbitration). To the extent permitted by applicable
law, 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, except to the extent such a prohibition
is not permitted at law, 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 except to the extent this
prohibition is not permitted at law in your province
or territory of jurisdiction as it relates to the claims
at issue between you and LG.
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 private and confidential, and conducted on
a simplified and expedited basis before a single
arbitrator chosen by the parties under the
provincial or territorial commercial arbitration law
and rules of the province or territory of your
residence. You must also send a copy of your
written demand to LG at LG Electronics, Canada,
Inc., Attn: Legal Department- Arbitration, 20
Norelco Drive, North York, Ontario M9L 2X6. This
arbitration provision is governed by your
applicable provincial or territorial commercial
arbitration legislation. 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.
Governing Law. The law of the province or
territory of your purchase shall govern this Limited
Warranty and any disputes between you and LG
except to the extent that such law is preempted by
or inconsistent with applicable federal or
provincial/territorial law. Should arbitration not be
permitted for any claim, action, dispute or
controversy between you and LG, you and LG
attorn to the exclusive jurisdiction of the courts of
the province or territory of your purchase for the
resolution of the claim, action, dispute or
controversy between you and LG.
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 filing fees unless you seek more than
$25,000 in damages, in which case the payment of
these fees will be governed by the applicable
arbitration rules. Except as otherwise provided for
herein, LG will pay all filing, administration and
arbitrator fees for any arbitration initiated in
accordance with the applicable arbitration rules
and this arbitration provision. 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