LG 24 Cu. Ft. Smart Wi-fi Enabled French Door Counter-depth Refrigerator (LRFXC2406D) User Manual – Page 63
Posted on 13 Aug, 2019
Product: LG 24 Cu. Ft. Smart Wi-fi Enabled French Door Counter-depth Refrigerator (LRFXC2406D)
File size: 10 MB
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 th
e 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 1000 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.
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.
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.
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/us/support/
repair-service/schedule-repair continued and clicking on “Find My Model & Serial Number”).
You may only opt out of the dispute resolution procedur
e 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.