LG H811 Metallic Quick Start Guide - English - Page 69

Attn: Legal Department-Arbitration 1000 Sylvan Avenue Englewood, Cliffs, NJ 07632. If there is

Page 69 highlights

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 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 67

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67
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 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