LG -US700 User Manual page 155

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 can be found (i)
LIMITED WARRANTY STATEMENT 154