LG LS777 User Manual page 177

ARBITRATION MEANS THAT YOU AND LG ARE EACH WAIVING THE RIGHT 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 MobileComm U.S.A.,
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.
Agreement to Binding Arbitration and Class Action Waiver. 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 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.
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