LG US998 LRA Owners Manual - Page 200

Procedure For Resolving Disputes

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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 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 LIMITED WARRANTY STATEMENT 199

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LIMITED WARRANTY STATEMENT
199
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 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