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-Arbitration1000 Sylvan AvenueEnglewood 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 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 [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 purchased; (c) the product model name or model number; and (d) the IMEI or MEID or Serial
Number, as applicable (the IMEI or MEID or Serial Number can be found (i) on the product box; (ii) on a label
on the back of the product beneath the battery, if the battery is removable; or (iii) from the settings menu
via the following path: Settings > General tab > About > phone Status). You may only opt out of the dispute
resolution procedure in the manner described above (that is, by e-mail or telephone); no other form of notice
will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure
will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the full benefits
of the Limited Warranty. If you keep this product and do not opt out, then you accept all terms and conditions
of the arbitration provision described above.
