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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 1
l(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
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) on line by accessing httpsi/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.
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