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.
