LG SRSXB2622S Owners Manual - Page 55

PROCEDURE FOR RESOLVING DISPUTES: EXCEPT WHERE PROHIBITED AT LAW, 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. EXCEPT WHERE PROHIBITED AT LAW, YOU AND LG BOTH IRREVOCABLY AGREE TO WAIVE 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 Canada, 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 Electronics, Canada, Inc., Attn: Legal Department- Arbitration, 20 Norelco Drive, North York, Ontario M9L 2X6. 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 you and LG only by binding arbitration on an individual basis, unless you opt out as provided below, or you reside in a jurisdiction that prevents full application of this clause in the circumstances of the claims at issue (in which case if you are a consumer, this clause will only apply if you expressly agree to the arbitration). To the extent permitted by applicable law, 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, except to the extent such a prohibition is not permitted at law, 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 except to the extent this prohibition is not permitted at law in your province or territory of jurisdiction as it relates to the claims at issue between you and LG. 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 private and confidential, and conducted on a simplified and expedited basis before a single arbitrator chosen by the parties under the provincial or territorial commercial arbitration law and rules of the province or territory of your residence. You must also send a copy of your written demand to LG at LG Electronics, Canada, Inc., Attn: Legal Department- Arbitration, 20 Norelco Drive, North York, Ontario M9L 2X6. This arbitration provision is governed by your applicable provincial or territorial commercial arbitration legislation. 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 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 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.