LG LW1216HR Manual Del Propietário página 45

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 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.
Notice of Dispute. In the event you intend to commence an arbitration proceeding, you must first notify LG in writing at least
30 days in advance of initiating the arbitration by sending a letter to LG at LG Electronics, USA, Inc. Attn: Legal Department-
amicably resolve your claim. The notice must provide your name, address, and telephone number; identify the product that is
the subject of the claim; and describe the nature of the claim and the relief being sought. If you and LG are unable to resolve
the dispute within 30 days, either party may proceed to file a claim for arbitration.
Agreement to Binding Arbitration and Class Action Waiver. Upon failure to resolve the dispute during the 30 day period
after sending written notice to LG, 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 LG at LG Electronics, USA, Inc. Attn: Legal Department- Arbitration
1000 Sylvan Avenue Englewood 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 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 first consumer purchaser's purchase of the product by either: (i) sending an e-mail to [email protected], with the subject line:
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.