LG DLEX9500 Manual Del Usuario página 51

51
WARRANTY
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- Arbitration 111 Sylvan Ave, Englewood Cliffs, NJ 07632. You and LG agree to engage in good
faith discussions in an attempt to 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 111 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 optout@lge.com,
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.