LG LW1017ERSM LW1217ERSM Owner's Manual page 28

28 WARRANTY
PROCEDURE FOR RESOLVING DISPUTES:
ALL DISPUTES BETWEEN YOU AND LG ARISING OUT OF OR RELATING IN ANY WAY TO THIS
LIMITED WARRANTY OR THE PRODUCT SHALL BE RESOLVED EXCLUSIVELY THROUGH
BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. BINDING
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 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.
Notice of Dispute. In the event you intend to commence an arbitration proceeding, you must first notify
LG in writing at least 30 days in advance of initiating the arbitration by sending a letter to LG at LG
Electronics, USA, Inc. Attn: Legal Department- Arbitration 1000 Sylvan Ave, Englewood Cliffs 07632.
You and LG agree to engage in good faith discussions in an attempt to amicably resolve your claim.
The notice must provide your name, address, and telephone number; identify the product that is the
subject of the claim; and describe the nature of the claim and the relief being sought. If you and LG are
unable to resolve the dispute within 30 days, either party may proceed to file a claim for arbitration.
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