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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 attorneys’ fees
and expenses as long as they are reasonable, by considering factors including, but not limited
to, the purchase amount and claim amount. Notwithstanding the foregoing, if applicable law
allows for an award of reasonable attorneys’ fees and expenses, an arbitrator can award them
to the same extent that a court would. 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 serial number (the serial number can be
found (i) on the product; or (ii) online by accessing https://www.lg.com/us/support/repair-service/
schedule-repair-continued and clicking on “Find My Model & Serial Number”).
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.
