for any arbitration initiated in accordance with the AAA Rules and this arbitration
provision. If you prevail in the arbitration, LG will pay your reasonable attorneys’
fees and expenses to the extent required by applicable law. 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 11(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 [email protected], 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