LG LSFXC2496D User Manual download pdf (Page 69)

69LIMITED WARRANTY

ENGLISH

you expressly agree to the arbitration). To the extent permitted by applicable law, any dispute between you and LG shall

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without limitation of the foregoing, except to the extent such a prohibition is not permitted at law, 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 except to the extent this prohibition is not permitted at law in your province or territory of jurisdiction as it

relates to the claims at issue between you and LG.

Arbitration Rules and Procedures. To begin arbitration of a claim, either you or LG must make a written demand for

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arbitrator chosen by the parties under the provincial or territorial commercial arbitration law and rules of the province or

territory of your residence. You must also send a copy of your written demand to LG at LG Electronics, Canada, Inc., Attn:

Legal Department- Arbitration, 20 Norelco Drive, North York, Ontario M9L 2X6. This arbitration provision is governed by your

applicable provincial or territorial commercial arbitration legislation. 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 province or territory of your residence shall govern this Limited Warranty and any disputes

between you and LG except to the extent that such law is preempted by or inconsistent with applicable federal or provincial/

territorial law. Should arbitration not be permitted for any claim, action, dispute or controversy between you and LG, you and

LG attorn to the exclusive jurisdiction of the courts of the province or territory of your residence for the resolution of the claim,

action, dispute or controversy between you and LG.

Fees/Costs. You do not need to pay any fee to begin an arbitration. Upon receipt of your written demand for arbitration,

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of these fees will be governed by the applicable arbitration rules. Except as otherwise provided for herein, LG will pay all

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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

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is frivolous or brought for an improper purpose (as measured by the applicable laws), then the payment of all arbitration fees

will be governed by the applicable arbitration 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 applicable arbitration 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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on the basis of documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing as

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applicable arbitration rules. Any in-person arbitration hearings will be held at the nearest, most mutually-convenient arbitration

location available within the province or territory in which you reside unless you and LG both agree to another location or

agree to a telephonic arbitration.

Severability and Waiver. If any portion of this Limited Warranty (including these arbitration procedures) is unenforceable, the

remaining provisions will continue in full force and effect to the maximum extent permitted by applicable law. Should LG fail to

enforce strict performance of any provision of this Limited Warranty (including these arbitration procedures), it does not mea

that LG intends to waive or has waived any provision or part of this Limited Warranty.

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

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support/repair-service/schedule-repair and clicking on “Find My Model & Serial Number”).

In the event that you “Opt Out”, the law of the province or territory of your residence shall govern this Limited Warranty and

any disputes between you and LG except to the extent that such law is preempted by or inconsistent with applicable federal

or provincial/territorial law. Should arbitration not be permitted for any claim, action, dispute or controversy between you and

LG, you and LG agree to attorn to the exclusive jurisdiction of the courts of the province or territory of your residence for the

resolution of the claim, action, dispute or controversy between you and LG.

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no other form of notice will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution

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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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License Agreement (“EULA”) in regards to dispute resolution, the terms of this Limited Warranty shall control and govern the

rights and obligations of the parties and shall take precedence over the EULA.

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LG LSFXC2496D User Manual Page 69

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