53
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.
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