LG G6 H872 User Manual

Page 181

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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.

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