LG LHTNS2403 Serie Manuel Du Propriétaire page 31

LIMITED 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 commerce 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 Avenue, 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 courtto 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 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 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 forego-
ing, 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.
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