Last Updated: August 17, 2022
PLEASE READ THESE TERMS CAREFULLY THIS IS A BINDING LEGAL AGREEMENT.
PLEASE ALSO BE AWARE THAT SECTION 4 (LG COMMUNICATIONS) DESCRIBES HOW WE COMMUNICATE WITH YOU AND HOW TO OPT OUT OF THESE COMMUNICATIONS.
2. OUR ONLINE SERVICES.
Described below are features of the Online Services that may be available to you. Additional features may be available now or in the future. Please note, however, that LG cannot promise and does not warrant that existing or future capabilities will be or will remain available or that availability of all features will be the same in every region.
a. The Store. You may be able to use certain areas of the Website and the App (collectively, the "Store") to browse, purchase, and pay for certain physical products manufactured or otherwise made available by LG ("Products") or services provided by LG, an LG affiliate or partner, or a third party ("Services").
b. Interaction with LG and LG Products. You may be able to use the Online Services to interact and communicate with LG. You may also be able to use the App to operate, monitor, and otherwise interact with certain Product(s). Certain Supplemental Terms may be applicable to the Products accessed through the App enabled by or through the App.
c. ThinQ Care. If you have registered any eligible Product that you own using the ThinQ App, you may have access to information related to free and paid Services for our Product.
3. LICENSE GRANT.
The Website, the Store, the App, and the information and Content (as defined below) available on the Website and in the App are protected by copyright laws throughout the world.
c. Updates. You understand that the Online Services are evolving. As a result, LG may require you to accept updates to any Online Services that you have installed on your computer or mobile device. You acknowledge and agree that LG may update the Online Services with or without notifying you. You may need to update third-party software from time to time in order to use certain Online Services.
e. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Online Services, such as a mobile device in the case of the App. You are solely responsible for any fees incurred in the use of the Online Services.
4. COMMUNICATIONS FROM LG.
We may send you communications via e-mail. You may also opt-in to receive text messages and calls from us. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems, Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the Online Services, updates concerning new and existing features on the Online Services, communications concerning promotions run by us or our third-party partners, and news concerning LG and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT "END" FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM US (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD "STOPALL" FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE SERVICES.
a. Registering an Account. In order to access certain features of the Online Services, you may be required to register an account on or through the Services ("Account"). You do not need to register an Account in order to make a purchase through the Store and may instead register as a "Guest".
b. Registration Data. When you register an Account or register as a Guest, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Online Services (the "Registration Data"); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) at least sixteen (16) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or LG has reasonable grounds to suspect that any Registration Data you provide is untrue, inaccurate, not current or incomplete, LG has the right to suspend or terminate your Account and refuse any and all current or future use of the Online Services (or any portion thereof). You agree not to create an Account using a false identity or information. You agree not to create an Account or use the Online Services if you have been previously removed or banned by LG.
6. TERMS OF PURCHASE.
Any purchases made by you through the Online Services are governed by our then-current Terms of Purchase. If you disagree with any applicable portion of the Terms of Purchase, you may not purchase the applicable Product or Service through the Online Services.
7. INTELLECTUAL PROPERTY RIGHTS.
You agree that you have no rights, title or interests in the Online Services, including but not limited to, any information graphics, logos, text, editorials, reviews, computer code, themes, objects, concepts, artwork, animations, sounds, audiovisual effects, methods of operation, moral rights, documentation, and software (collectively, "Content"). You may have limited rights, title or interests to your User Content (defined below). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Online Services. Neither you nor anyone acting on your behalf acquire any intellectual property rights or other proprietary rights (including patents, designs, trademarks, copyrights or trade secrets) relating to the Online Services or any Product or Service except as expressly set forth in a written agreement between you and LG.
8. USER CONTENT
a. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to LG through its suggestion, feedback, reviews, or similar pages ("Feedback") is at your own risk and that LG has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to LG a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable and transferable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, for any purpose, including without limitation in connection with the operation and maintenance of the Services and/or LG's business.
b. User Content. By sending, posting or transmitting any information to LG or through the Online Services ("User Content") you grant LG and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works from, and otherwise exploit the User Content in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you, subject to applicable law. All User Content is deemed non-confidential and non-proprietary. Any User Content that you choose to post on the Website, including reviews of Products or Services, may be visible to the public. Please do not post User Content you do not want visible to the public on the Website.
c. Responsibility for User Content. You are responsible for the content of the User Content. LG has the right (but not the obligation) to alter, remove or refuse to post or allow to be posted any User Content, including consumer reviews. You acknowledge that LG has no obligation to pre-screen User Content, including without limitation any consumer reviews, and LG takes no responsibility and assumes no liability for any information posted by you or any third party nor for your or any third party's reliance on any User Content. LG strongly encourages you not to disclose any personal information in public areas of the Website. By sending, posting or transmitting any User Content, you represent and warrant that:
9. DIGITAL MILLENNIUM COPYRIGHT ACT.
If you believe your copyright-protected materials or other intellectual property have been posted on any of LG Electronics' websites without your authorization, please review our policies as available on the LG copyright notice page.
10. THIRD-PARTY SERVICES.
b. Third-party Ads. LG reserves the right to display advertisements for third parties ("Third-party Ads") on the Online Services, including targeted advertisements, which may be served or provided based on certain Users' preferences. The Services may include advertisements and marketing information provided by us or a third party, and for those advertisements and marketing information provided by third-party advertisers, we are unable to control the usefulness, accuracy, or completeness of such information. You hereby agree that we are not responsible for any liability arising out of communications or transactions between you and third-party advertisers, including any damage that may arise out of any reliance by you on such advertisements. You acknowledge and agree that LG has no obligation to you in connection with Third-Party Ads (including, without limitation, any obligation to share revenue received by LG as a result of such advertising).
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
15. WARRANTY AND DISCLAIMERS.
a. YOU UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK, AND THE ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. COMPANY PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE ONLINE SERVICES OR ANY PRODUCTS OR SERVICES ENABLED THEREBY. This section does not affect in any way our return policy or limited warranty for Products purchased by you.
b. COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
c. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE ONLINE SERVICES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM, MOBILE DEVICE, AND ANY OTHER DEVICE YOU USE TO ACCESS THE ONLINE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
d. THE ONLINE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. COMPANY PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO ANY ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF ONLINE SERVICES.
e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LG OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
f. FROM TIME TO TIME, LG MAY OFFER NEW “BETA” FEATURES OR SERVICES WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR SERVICES ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT LG'S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
g. YOU ACKNOWLEDGE AND AGREE THAT COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COMPANY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES OR SERVICES SUCH AS LG'S PAYMENT PROCESSOR(S), AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
h. YOU UNDERSTAND AND AGREE THAT WHEN YOU PURCHASE A PRODUCT OR SERVICE, YOU ARE NOT PURCHASING THE APP. THE APP IS A SERVICE THAT WE PROVIDE FREE OF CHARGE, AND WITHOUT WARRANTY OF ANY KIND.
16. LIMITATION OF LIABILITY.
b. Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO LG BY YOU IN THE TRANSACTION OR INCIDENT GIVING RISE TO SUCH LIABILITY; (b) $100; OR (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY WILL NOT APPLY TO LIABILITY OF A COMPANY PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY'S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A COMPANY PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.
c. Exclusion of Damages. Please note that some jurisdictions do not allow the exclusion or limitation of implied warranties, terms or conditions or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you. For further information about your statutory rights, please contact your local authority, trading standards department, citizens' advice bureau or equivalent.
d. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LG AND YOU.
17. TERM, TERMINATION, AND SURVIVAL.
c. Termination of Services by You. If you want to terminate the Services provided by LG, you may do so by closing your Account for all of the Online Services that you use. ANY SUBSCRIPTIONS WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION.
d. Effect of Termination. Upon termination of any Online Service, your right to use such Service will automatically terminate immediately. Termination of all Services may also include deletion of your password and some or all related information, files and Content and/or User Content associated with or inside your Account. LG will not have any liability whatsoever to you for any suspension or termination of your access to the Online Services.
18. INTERNATIONAL USERS.
The Online Services can be accessed from countries around the world and may contain references to Services, Products and Content that are not available in your country. These references do not imply that LG intends to announce such Services, Products or Content in your country. The Online Services are controlled and offered by LG from its facilities in the United States of America (the "US") and are only intended for users in the US. LG makes no representations that the Services are appropriate or available for use in other locations, and if you access or use any Online Services from other countries you do so at your own volition and are responsible for compliance with local law.
19. DISPUTE RESOLUTION.
Please read the following arbitration agreement in this section ("Arbitration Agreement") carefully. It requires Users to arbitrate disputes with LG and limits the manner in which you can seek relief from us.
b. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to LG Electronics, USA, Inc., Attn: Legal Department – Arbitration 111 Sylvan Avenue, Englewood Cliffs, NJ 07632. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, LG will pay them for you. In addition, LG will reimburse all such JAMS's filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
e. Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
g. Severability. Except as provided in Section 19(e) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
h. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with LG.
20. APPS DOWNLOADED FROM THIRD-PARTY APP STORES.
b. Accessing and Downloading the Application from iTunes. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
a. Electronic Communications. The communications between you and LG may take place via electronic means, whether you visit the Services or send LG e-mails, or whether LG posts notices on or through any Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from LG in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that LG provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign").
c. Force Majeure. Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
i. Export Control. You may not use, export, import, or transfer any Services or Product except as authorized by U.S. law, the laws of the jurisdiction in which you obtained such Services or Product, and any other applicable laws. In particular, but without limitation, the Services and Product may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by LG are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer LG products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
22. CONTACTING LG.
Should you have any issues or questions regarding the Online Services, please contact us below.
Account-related questions: firstname.lastname@example.org, 833-660-0245.
ThinQ-related questions: email@example.com, 800-243-0000.
Privacy-related questions: firstname.lastname@example.org, 833-660-0245, or via post: LGEUS, 111 Sylvan Avenue, Englewood Cliffs, NJ 07632.
To report a problem on the Store, email us at email@example.com, or call us at 844-810-0070.