LG LNXS30996 Serie El Manual Del Propietario página 76

76 LIMITED WARRANTY
you expressly agree to the arbitration). To the extent permitted by applicable law, 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, except to the extent such a prohibition is not permitted at law, 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 except to the extent this prohibition is not permitted at law in your province or territory of jurisdiction as it
relates to the claims at issue between you and LG.
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 private and confidential, and conducted on a simplified and expedited basis before a single
arbitrator chosen by the parties under the provincial or territorial commercial arbitration law and rules of the province or
territory of your residence. You must also send a copy of your written demand to LG at LG Electronics, Canada, Inc., Attn:
Legal Department- Arbitration, 20 Norelco Drive, North York, Ontario M9L 2X6. This arbitration provision is governed by your
applicable provincial or territorial commercial arbitration legislation. 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 province or territory of your residence shall govern this Limited Warranty and any disputes
between you and LG except to the extent that such law is preempted by or inconsistent with applicable federal or provincial/
territorial law. Should arbitration not be permitted for any claim, action, dispute or controversy between you and LG, you and
LG attorn to the exclusive jurisdiction of the courts of the province or territory of your residence for the resolution of the claim,
action, dispute or controversy between you and LG.
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 unless you seek more than $25,000 in damages, in which case the payment
of these fees will be governed by the applicable arbitration rules. Except as otherwise provided for herein, LG will pay all
filing, administration and arbitrator fees for any arbitration initiated in accordance with the applicable arbitration 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 applicable laws), then the payment of all arbitration fees
will be governed by the applicable arbitration 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 applicable arbitration 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 (1)
on the basis of documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing as
established by the applicable arbitration rules. If your claim exceeds $25,000, the right to a hearing will be determined by the
applicable arbitration rules. Any in-person arbitration hearings will be held at the nearest, most mutually-convenient arbitration
location available within the province or territory in which you reside unless you and LG both agree to another location or
agree to a telephonic arbitration.
Severability and Waiver. If any portion of this Limited Warranty (including these arbitration procedures) is unenforceable, the
remaining provisions will continue in full force and effect to the maximum extent permitted by applicable law. Should LG fail to
enforce strict performance of any provision of this Limited Warranty (including these arbitration procedures), it does not mean
that LG intends to waive or has waived any provision or part of this Limited Warranty.
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/ca_en/
support/repair-service/schedule-repair and clicking on "Find My Model & Serial Number").
In the event that you "Opt Out", the law of the province or territory of your residence shall govern this Limited Warranty and
any disputes between you and LG except to the extent that such law is preempted by or inconsistent with applicable federal
or provincial/territorial law. Should arbitration not be permitted for any claim, action, dispute or controversy between you and
LG, you and LG agree to attorn to the exclusive jurisdiction of the courts of the province or territory of your residence for the
resolution of the claim, action, dispute or controversy between you and LG.
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.
Conflict of Terms. In the event of a conflict or inconsistency between the terms of this Limited Warranty and the End User
License Agreement ("EULA") in regards to dispute resolution, the terms of this Limited Warranty shall control and govern the
rights and obligations of the parties and shall take precedence over the EULA.