8
“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
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