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expenses, an arbitrator can award them to the same extent that a court
would.Ifthearbitratorfindseitherthesubstanceofyourclaimortherelief
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.
Ifyourclaimisfor$25,000orless,youmaychoose
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,therighttoahearingwillbedeterminedbytheAAARules.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
calendardaysfromthedateofthefirstconsumerpurchaser’spurchaseof
the product by either: (i) sending an e-mail to [email protected], with the
subject line: “Arbitration Opt Out” or (ii) calling 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 purchased; (c) the product
model name or model number; and (d) the serial number (the serial number