LG W270 User Manual page 65

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 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 filing 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 filing, 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 finds 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 first 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
Safety Information 64