binding arbitration in accordance with the procedure
set out herein. You and LG both agree that, during
the arbitration proceeding, the terms (including any
amount) of any settlement offer made by either you
or LG will not be disclosed to the arbitrator until the
arbitrator determines the dispute.
Agreement to Binding Arbitration and Class Action
Waiver. Upon failure to resolve the dispute during
the 30 day period after LG’s receipt of the Notice
of Dispute, you and LG agree to resolve any claims
between you and LG only by binding arbitration on
an individual basis, unless you opt out as provided
below, or you reside in a jurisdiction that prevents full
application of this clause in the circumstances of the
claims at issue (in which case if you are a consumer,
this clause will only apply if you expressly agree to
the arbitration). To the extent permitted by applicable
law, 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, 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 arbitration. The arbitration will be private
and confidential, and conducted on a simplified and
expedited basis before a single 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,