LG SRSXB2622 Serie Manual Del Propietário página 56

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.