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Limited Warranty Statement
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
Summary of Contents for GizmoPal 2
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