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Terms and Conditions of Use

Last Updated: December 3, 2021

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. SECTION 12 INCLUDES AN ARBITRATION PROVISION REQUIRING INDIVIDUAL ARBITRATION OF DISPUTES INSTEAD OF JURY TRIALS AND A WAIVER OF CLASS WIDE RELIEF.

1. Introduction

LG Electronics U.S.A., Inc. and its service provider LG CNS America Inc. ("LG" or "we") welcome you, the end-user ("User(s)" or "you") to our Store.

These terms and conditions of purchase ("Terms of Purchase") set forth information necessary for Users to use various services, which we provide to you, to browse and pay for physical products (collectively, "Product") on online places of business, such as [www.lg.com/us] ("Store").

The following terms and conditions apply to your use of the Store. If you do not agree to these Terms of Use, do not use the Store. Matters not set forth herein shall be determined by the Terms or Purchase [https://www.lg.com/us/shop/terms-conditions] ("Terms of Purchase") and Privacy Policy [https://www.lg.com/us/privacy], and in case of any conflict between the Terms of Purchase, Terms of Use, or Privacy Policy, the Terms of Purchase shall prevail.

2. Age

You must be the sixteen (16) years of age to use the Store.

3. Changes to Terms

We reserve the right to change these Terms from time to time in our sole discretion. When we do, we will also revise the "last update" date at the top of these Terms. If material changes are made to the Terms, we will notify you by placing a prominent notice on the Store or via email at the email address we have on file for you. We encourage you to periodically review these Terms to keep up to date

4. The Store

Content. Information on the Store may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. LG may also make improvements and/or changes in the products and/or programs described in this information at any time without notice.

Links. The Store may contain links to third-party websites – any website outside of the https://www.lg.com/us domain. The linked sites are not under our control and we are not responsible for the contents of any linked site.

5. Your Use of the Store

The Store is intended for your personal use, to peruse and ultimately purchase the Products listed on the Store. You may download, print and/or copy Store content solely for your own personal use. However, you may not:

  • (a) incorporate any Store content into any other work (such as your own website) or use Store content in any public or commercial manner;
  • (b) copy, modify, reproduce, adapt, reverse engineer, distribute, frame, republish, upload, display, post, transmit, transfer, license or sell Store content in any form or by any means; or
  • (c) change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the Store content.

6. Intellectual Property Rights

The Store contains graphics, logos, text, editorials, reviews, audio clips, video clips, and software that contain proprietary information and material that is owned by LG or other third parties. In using the Store, 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 Store or Products other than those expressly specified in a license or mutually agreed upon written agreement.

7. Reviews

By sending, posting or transmitting any information to LG or on or through the Store ("User Content"), you grant LG and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), 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. All User Content shall be deemed non-confidential and non-proprietary. Any User Content that you choose to post on the Site, including Product reviews, may be visible to the public. If you do not want your content to be visible to the public, please do not post User Content on the Site.

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. LG takes no responsibility and assumes no liability for any information posted by you or any third party. LG strongly encourages you not to disclose any personal information in public areas of the Site. By sending, posting or transmitting any User Content, you represent and warrant that:

  • (a) You own or otherwise control all of the rights to the User Content, including without limitation all copyrights and trademarks;
  • (b) The User Content is true and accurate;
  • (c) The User Content does not violate or infringe the rights of any other person or entity, including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights; and
  • (d) The User Content complies with applicable laws, rules and regulations.

8. Digital Millennium Copyright Act

If you believe your intellectual property or other copyright-protected materials have been posted on any of LG Electronics' websites without your authorization, go to the LG copyright notice page.

9. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold LG, its directors, officers, employees, affiliates, and agents harmless from and against any and all claims arising out of your breach of the Terms of Use and your use of the Store.

10. Warranty and Disclaimers

EXCEPT AS MAY BE PROVIDED UNDER A WARRANTY FOR NEWLY PURCHASED DEVICES, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE STORE IS AT YOUR SOLE RISK AND THAT ACCESS TO THE STORE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. LG DOES NOT WARRANT THAT USE OF THE STORE WILL BE CONTINUOUSLY AVAILABLE OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LG AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED OR STATUTORY TERMS, CONDITIONS OR WARRANTIES, INCLUDING THOSE AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LG, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR FOR LOSS OF INFORMATION OR DATA, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE ACCURACY OR COMPLETENESS OF ANY PRODUCT DESCRIPTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF LG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. LG’S ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID FOR THE APPLICABLE PRODUCT, AT LG’S OPTION.

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.

12. Dispute Resolution

These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Delaware, without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States and worldwide. By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against LG under the laws of any jurisdiction outside the United States are hereby waived, and that your sole location and applicable law for any dispute is in the United States according to the terms of this Section You and LG agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.

CLASS ACTION WAIVER. YOU AND LG AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION AND THAT YOU AND LG WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW YOU AND LG FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and LG arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including Covered Disputes will be settled by binding arbitration in the U.S. State of New Jersey administered by the American Arbitration Association (AAA) in accordance with its International Arbitration Rules in effect on the date thereof.

Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. LG will provide such notice by mail or e-mail using the contact information on file and you must provide such notice by mail to [LGE, Attention: General Counsel, 111 Sylvan Avenue, Englewood Cliffs, NJ 07632].

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If, however, you are able to demonstrate that the costs of arbitration will be cost-prohibitive for you as compared to the costs of litigation, LG will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse LG for all fees associated with the arbitration that LG paid on your behalf, which you otherwise would be obligated to pay under the AAA's rules.

A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.

If any provision of the agreement to arbitrate in this Section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this Section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

LEGAL NOTICE TO NEW JERSEY RESIDENTS: The provisions in this section that (i) limit the period of time within which a claim may be asserted against LG and (2) exclude certain damages do not apply to New Jersey residents.

LEGAL NOTICE TO CALIFORNIA RESIDENTS: By using the Store, you waive your rights with respect to California civil code section 1542, which says "a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, and that, if known by him would have materially affected his settlement with the debtor or released party."

13. MISCELLANEOUS

These Terms (i) inure to the benefit of and will be binding upon LG and you and your successors and assigns, respectively, and (ii) may be assigned by LG but you may not assign them without the prior express written consent of LG.

If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been inserted herein. If LG fails or you fail to perform any term hereof and the other party does not enforce such term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion.

14. Contacting LG

Should you have any issues or questions regarding the Store, please visit Contact Us or Report a Problem on the Store, or email us at orders@lgsupport.com, 844-810-0070.