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LG TONE-FN7UV Manual Del Usuario página 31

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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, USA. 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.
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