LG Watch Sport LG-W280A, User Manual

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Safety Information 76
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 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 state of your residence shall govern this Limited
Warranty and any disputes between us except to the extent that such law is
preempted by or inconsistent with applicable federal law.
Fees/Costs. You do not need to pay any fee to begin an arbitration. Upon receipt
of your written demand for arbitration, LG will promptly pay all arbitration filing
fees to the AAA unless you seek more than $25,000 in damages, in which case
the payment of these fees will be governed by the AAA Rules. Except as otherwise
provided for herein, LG will pay all AAA filing, administration and arbitrator fees
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 optout@lge.com, 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