LG LSE4616BD Owner's Manual page 65

LIMITED WARRANTY 65
A rbitration 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. Y ou must
also send a copy of your written demand to LG at LG Electronics, U SA, Inc. Attn: Legal D epartment- Arbitration
1 0 0 0 Sylvan Avenue Englewood Cliffs, NJ 0 7 6 32. 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. J udgment may be entered on the arbitrator ' s award in any court of competent j urisdiction.
All issues are for the arbitrator to decide, ex c e pt 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.
Gov erning Law . The law of the state of your residence shall govern this Limited Warranty and any disputes
between us ex c e pt to the ex t ent that such law is preempted by or inconsistent with applicable federal law.
Fees/ Costs. Y ou do not need to pay any fee to begin an arbitration. U pon receipt of your written demand for
arbitration, LG will promptly pay all arbitration filing fees to the AAA unless you seek more than $ 25,0 0 0 in
damages, in which case the payment of these fees will be governed by the AAA Rules. Ex c e pt 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 ex p enses 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 ex p enses, an arbitrator can award them to the same ex t ent 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 1 1 (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. Ex c e pt
as otherwise provided for, LG waives any rights it may have to seek attorneys' fees and ex p enses from you if LG
prevails in the arbitration.
H earings and Location. If your claim is for $ 25,0 0 0 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 ex c e eds $ 25,0 0 0 , 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 j udicial district in which you reside unless we both agree to another location or we agree to a telephonic
arbitration.
O pt O ut. Y ou may opt out of this dispute resolution procedure. If you opt out, neither you nor LG can req uire 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 subj ect line: " Arbitration Opt Out" or (ii) calling 1 -8 0 0 -9 8 0 -29 7 3. Y ou 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" ).
Y ou 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 enj oy 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.