LG WM3500CW Owner's Manual page 38

38 LIMITED WARRANTY
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 to resolve 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 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, 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.
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 administered by the American Arbitration Association ("AAA")
and will be conducted before a single arbitrator under the AAA's Consumer Arbitration Rules that are in effect
at the time the arbitration is initiated (referred to as the "AAA Rules") and under the procedures set forth in this
section. The AAA Rules are available online at www.adr.org/consumer. Send a copy of your written demand for
arbitration, as well as a copy of this provision, to the AAA in the manner described in the AAA Rules. You must
also send a copy of your written demand to LG at LG Electronics, USA, Inc. Attn: Legal Department- Arbitration
1000 Sylvan Avenue Englewood Cliffs, NJ 07632. If there is a conflict between the AAA Rules and the rules
set forth in this section, the rules set forth in this section will govern. This arbitration provision is governed
by the Federal Arbitration Act. 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 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
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 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 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 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 benefits 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.