LG DL X385 Series Owner's Manual page 49

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
applicable laws), then the payment of all
arbitration fees will be governed by the applicable
arbitration 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 applicable arbitration 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 (1) on the basis of
documents submitted to the arbitrator, (2)
through a telephonic hearing, or (3) by an in-
person hearing as established by the applicable
arbitration rules. If your claim exceeds $25,000,
the right to a hearing will be determined by the
applicable arbitration rules. Any in-person
arbitration hearings will be held at the nearest,
most mutually-convenient arbitration location
available within the province or territory in which
you reside unless you and LG both agree to
another location or agree to a telephonic
arbitration.
Severability and Waiver. If any portion of this
Limited Warranty (including these arbitration
procedures) is unenforceable, the remaining
provisions will continue in full force and effect to
the maximum extent permitted by applicable law.
Should LG fail to enforce strict performance of any
provision of this Limited Warranty (including these
arbitration procedures), it does not mean that LG
intends to waive or has waived any provision or
part of this Limited Warranty.
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/ca_en/support/repair-service/
schedule-repair and clicking on "Find My Model &
Serial Number").
In the event that you "Opt Out", the law of the
province or territory of your residence shall govern
this Limited Warranty and any disputes between
you and LG except to the extent that such law is
preempted by or inconsistent with applicable
federal or provincial/territorial law. Should
arbitration not be permitted for any claim, action,
dispute or controversy between you and LG, you
and LG agree to attorn to the exclusive jurisdiction
of the courts of the province or territory of your
residence for the resolution of the claim, action,
dispute or controversy between you and LG.
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.
Conflict of Terms. In the event of a conflict or
inconsistency between the terms of this Limited
Warranty and the End User License Agreement
("EULA") in regards to dispute resolution, the terms
of this Limited Warranty shall control and govern
the rights and obligations of the parties and shall
take precedence over the EULA.
LIMITED WARRANTY 49