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LG K20 Plus - LG-TP260 Manual

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LIMITED WARRANTY STATEMENT 147
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 reasonable attorneys’ fees and expenses to the
extent required by applicable law. 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
optout@lge.com
, with the subject line:
… 148


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