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Diff · LG Smart TV Terms of Use (arbitration update sample)

LG · Jan 1, 2024 (archived) vs Aug 28, 2026 (sample)

+30 lines · −342 lines · Jan 1, 2024 → Aug 28, 2026

-# LG Terms of Use (Smart Media Product Services)+# SAMPLE / PLACEHOLDER — on-TV Terms of Use effective August 28, 2026 -Our Terms of Use govern your use of Smart Media Product (including but not limited to Smart TV, monitors, or any other internet-based Media Products) Services. They set out our responsibilities to you and identify the “dos” and “don’ts” that you should be aware of when you use the Smart Media Product Services, including important restrictions on your use of the services. Note that not all Smart Media Product features and services are available in all countries and models. Depending on where you live and what model of Smart Media Product you own, certain features and services may not be available to you.+**This is not a verbatim copy of LG's Terms of Use.** The January 2024 Smart Media Product Terms of Use (including the US arbitration clause) is archived as `2024-01-01.md`. This file archives LG's *public explanation* of a later material change so the tracker can show what support copy said about the August 28, 2026 rewrite. -LG Terms of Use+## Archival status -PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SMART MEDIA PRODUCT SERVICES+- Status: **SAMPLE / annotated**
+- Effective (per LG support): **August 28, 2026**
+- Support article date: **09/02/2026**
+- Replace-with: on-TV dump of the post-update Terms of Use, including the rewritten Arbitration Agreement section -1. Introduction+## What LG said changed (quoted from LG USA Support) -2. Information about us+> Seeing a User Agreements screen on your LG TV? Your TV is working normally LG updated its Terms of Use, mainly the Arbitration Agreement. The updated terms took effect on August 28, 2026. -3. What do these Terms of Use cover?+> LG updated its Terms of Use, with the main changes affecting the Arbitration Agreement. This agreement explains how disputes between you and LG are resolved. LG provided 30 days’ notice before the updated terms took effect on August 28, 2026. -4. Service Access and Availability+> Because the agreement changed significantly, LG is legally required to obtain your consent again. The notice appears only once and will not appear again after you respond. -5. Are there any restrictions on my use of the Services?+> The Terms of Use and Privacy Policy are required to use smart services such as Netflix and YouTube. All other agreements are optional. -6. Will LGE make changes to the Services after I start using them?+> If you decline the required agreements, smart services will remain unavailable. The User Agreements screen appears again the next time you try to use a smart service. -7. Interactive Advertising+> Q. Why Did LG Update the Terms of Use?
+> A. Like many consumer electronics companies, LG periodically updates its Terms of Use to provide clearer information about its products and services, clarify rights and responsibilities, and address evolving legal and regulatory requirements. A primary goal of this update is to improve the dispute resolution process so that customer claims can be resolved more quickly and amicably. -8. Third Party Apps and Services+> Q. Why Can’t I Use Netflix or YouTube Without Accepting the Required Agreements?
+> A. LG’s smart TV platform downloads, updates, and manages third-party apps. LG needs your acceptance of the Terms of Use and Privacy Policy to provide these services. Agreements related to viewing information, voice features, and personalized ads are optional and are not required to use basic smart services. -9. Suitability of the Services for children and parental control tools+> Q. Can I Turn Off This Notification?
+> A. No. Because the Terms of Use are part of your agreement with LG, we are required to notify you of material changes. Therefore, this notice cannot be disabled. Once you respond, it will not appear again. -10. LG Account and Apps+Source: [How to Accept the Updated User Agreements on Your LG TV](https://www.lg.com/us/support/help-library/how-to-accept-the-updated-user-agreements-on-your-lg-tv--20155426555618) (live fetch 2026-09-13). -11. Your account and password+## Companion support article (quoted, not on-TV clause text) -12. Intellectual property rights+> To access various content and services on your TV, connect to the internet and agree to the User Agreements. -13. Will my Personal Information be protected?+> LG Smart TVs require an internet connection to provide content and services. To ensure these services work properly and to protect your personal information, an active network connection and agreement to the User Agreements are required. -14. Viruses and Security+Source: [How to Agree to the User Agreements](https://www.lg.com/us/support/help-library/lg-tv-how-to-agree-to-the-user-agreements--20155154186594) (dated 07/28/2026). -15. Indemnification+## Why this matters in the tracker -16. Limitation of our liability+- **Forced re-consent + app gating.** The required ToS is not a take-it-or-leave-the-ads checkbox; LG says declining it blocks smart services.
+- **Arbitration is the highlighted delta.** LG itself identified the Arbitration Agreement as the main change. Compare with the January 2024 published clause in `2024-01-01.md`. Do not assume the 2024 wording is what appeared on TVs after August 28, 2026.
+- **Notice cannot be dismissed forever without a decision.** LG says the prompt cannot be turned off; choosing Later defers until the next smart-app launch. -17. Force Majeure+## Still missing (do not invent) -18. Confidentiality
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-19. Complaints
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-20. Dispute Resolution for United States Residents
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-21. Choice of Law
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-22. Miscellaneous
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-23. Changes to LGE's Terms of Use
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-24. No Waiver
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-25. Contacting LGE about these Terms of Use
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-EXHIBIT A - Application License Agreement
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-1. Introduction
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-Welcome to Smart Media Product Services (“Services”), which are made available to you by LG Electronics Inc. and its family of companies (together, “LGE” or “we”).
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-These Terms of Use (together with any documents that they refer to) apply to those individuals and groups who use the Services. They set out LGE’s responsibilities to you as well as identify the “dos” and “don’ts” that you should be aware of when you use the Services. In particular they cover:
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-• What you should expect in terms of availability of the Services;
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-• Important restrictions on your use of the Services;
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-• Situations where LGE may make changes to the Services; and
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-• The terms on which third party apps and content may be provided or otherwise made available to you when you are using the Services.
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-By accessing or using the Services, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you may not access or use the Services.
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-You should also review our Privacy Policy before you access the Services, as this sets out important information about how we may use your personal information when you are using the Services.
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-Further information on what we mean by the “Services” is set out in paragraphs below, entitled “What do these Terms of Use cover. ”
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-2. Information about us
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-LG Electronics Inc. is a corporation registered in Republic of Korea under registration number [107-86-14075] with its registered office at LG Twin Towers, 128 Yeoui-daero, Yeongdeungpo-gu, Seoul 07336, Republic of Korea. Our main trading address is LG Twin Towers, 128 Yeoui-daero, Yeongdeungpo-gu, Seoul 07336, Republic of Korea and our email address is [tv.privacy@lge.com].
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-3. What do these Terms of Use cover?
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-These Terms of Use apply to all use of the Services regardless of the country in which the individual or group using the Services is based or the model of Smart Media Product that they own. Depending on the country in which you are based and the model of Smart Media Product that you own, the Services might include any or all of the features.
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-Your Smart Media Product also provides you with access to additional Services that require you to become a member of LG Account, which may be subject to separate terms.
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-You may join LG Account either through your Smart Media Product or through our website [http://www.lgappstv.com].
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-Some of the member-only Services include optional add-ons which require payment. Paid Services may be subject to additional terms.
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-From time to time we may make new Services available through your Smart Media Product. New terms may apply to these Services and any resulting material changes to these Terms of Use will be notified to you as described in relevant paragraphs below.
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-To the extent that any conflict arises between these Terms of Use and any other document referred to in these Terms of Use, these Terms of Use will take precedence, unless clearly stated otherwise in the relevant document.
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-4. Service Access and Availability
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-We use commercially reasonable efforts to (a) provide the Services on high quality basis without undue disruption, interruption or delay; and (b) keep any disruption, interruption or delay of the Services to a minimum.
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-You are responsible for making all the arrangements necessary for you to have access to the Services. In particular you will need a suitable power supply and a reliable broadband connection and you should be careful that you do not exceed any limit on your broadband allowance. We are not accountable if your access to the Services is interrupted or unavailable due to problems with your power supply or broadband connection. To enjoy a high quality experience when using your Smart Media Product, we recommend that you use a high speed broadband connection.
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-Even if your broadband connection is sufficiently high speed, the quality of your Smart Media Product experience may be affected by external factors which are outside our control, such as the availability of digital TV channels in your particular area or adverse weather conditions. We are not accountable for any loss or damage that such external factors may cause to you.
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-5. Are there any restrictions on my use of the Services?
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-The Services are provided for the personal enjoyment of individuals or groups in possession of a Smart Media Product, whether within a domestic or commercial premises (for example a bar or hotel) and may only be used in accordance with these Terms of Use. You agree not to:
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-• Modify, copy, reproduce, rebroadcast, or retransmit any content that you may access through your use of the Services, except in accordance with the right granted to you under relevant paragraphs below or as authorized by applicable law;
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-• Disassemble, reverse engineer or otherwise decompile your Smart Media Product and/or any software, applications, upgrades or updates made available to you through the Services or installed on your Smart Media Product, except as authorized by applicable law or license terms;
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-• Otherwise use the Services in any way or for any purpose which may infringe the intellectual property rights of any third party;
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-• Knowingly introduce viruses, Trojans, worms or other technologically harmful materials to the Services;
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-• Access or use the Services for any unlawful purpose; or
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-• Engage in activities that interfere with or disrupt the LG Account or Apps, any services offered through any other server, network, service or website associated with the LG Account or Apps; or
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-• Act in contravention of any license made available with your Smart Media Product.
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-You are responsible for ensuring that all persons who access the Services through your Smart Media Product are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
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-These Terms of Use are effective until terminated either by you or by LGE, as the case may be. You may choose to terminate these Terms of Use by entering into “User Agreements” menu on your Smart Media Product at any time.
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-We may terminate these Terms of Use at any time by providing a 30 days prior notice of termination via “Notification” menu in your Smart Media Product or by other suitable means which ensure that you will be able to take note of the termination.
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-We reserve the right to terminate these Terms of Use at any time if;
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-• You are in breach of these Terms of Use;
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-• You have clearly expressed or demonstrated (regardless of whether directly or through your actions or statements or otherwise) that you do not intend to comply with these Terms of Use;
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-• We or any supplier or partner providing the Services decide to terminate the Services, in whole or any parts thereof, or if any of our supplier or partner decides to terminate the entire relationship with us, regardless of the reason of such termination, including where we or any of our supplier or partner are of the opinion that the provision of the Services or parts thereof to you or to us or together with us are no longer commercially feasible; and
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-• We or any of our supplier or partner providing the Services to or together with us are required to terminate the provision of the Services or any parts thereof by the applicable laws, regulations or court rulings.
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-6. Will LGE make changes to the Services after I start using them?
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-We are always striving to update and improve our products and services to give our customers the best possible service.
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-We may choose to make changes to the Services from time to time subject to LGE’s internal policies without prior notice in order to:
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-• Improve functionality or offer you additional or alternative functionality;
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-• Add new features or remove unused or unpopular features;
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-• Change a service provider or a business partner for a certain feature;
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-• Provide a “fix” for identified “bugs” or errors;
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-• Address an actual or potential security breach; or
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-• Comply with a change in applicable laws or regulations.
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-If we do make any significant changes to the Services, we may inform you as necessary by appropriate means.
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-Please note that third parties such as content providers may upgrade/update or remove their own services and content from time to time due to their policies and that we do not accept any responsibility for any such upgrades/updates or removals.
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-7. Interactive Advertising
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-Interactive advertising may be displayed through your Smart Media Product. If you click on an interactive advertisement, you may be taken to content or a website provided by a third party, or alternatively, you may be given the option to submit information to a third party, which could include your contact details.
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-Each third party advertiser is solely responsible for the content of its advertising material. We do not accept any responsibility for the content of third party advertising material, including any errors, omissions or inaccuracies in such material.
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-8. Third Party Apps and Services
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-The Services provide access to apps and link to other services owned and operated by third parties, that provider may collect, receive or use information such as Device Information or Basic Usage Information.
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-Any third party apps, services and content that you access via the Services are made available to you by these third party providers and are outside the scope of these Terms of Use. Your dealings with any third party providers are solely between you and the relevant provider and may be subject to the provider’s own terms and conditions and privacy policy. We encourage you to read these documents, although we are not responsible for their content. Especially with regards to broadcasting services (e.g., HbbTV), such services are the responsibility of the service providers and exchange of information may occur between you and the service providers.
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-We are not accountable for apps, services or content provided by third party providers, over which we have no control.
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-9. Suitability of the Services for children and parental control tools
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-The Services are not directed at children under the age of 16 and are not structured specifically to attract children under 16. Further, certain content that you may access through your use of the Services may contain material that you consider indecent, objectionable or which may not be suitable for children.
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-If you permit a child to use your Smart Media Product to access the Services, you are solely responsible for deciding whether or not the relevant Services are appropriate for access by that child.
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-Your Smart Media Product offers a parental control tool (by way of a 4 digit PIN). If you have enabled the 4 digit PIN, your Smart Media Product will not be able to display restricted content unless you type in the PIN. You are responsible for setting up and maintaining the parental control tool and any other controls that are available, and we will not be responsible for any harm, loss or damage you suffer or any other user of your Smart Media Product suffers as a result of your failure to do so. Depending on the models of your Smart Media Product, these features may not be available.
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-10. LG Account and Apps
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-NOTWITHSTANDING PARAGRAPHS ABOVE, YOU MUST BE AT LEAST 16 YEARS OF AGE TO USE OR ACCESS THE LG ACCOUNT MEMBERSHIP AND APP STORE SERVICE (“APPS”). IF YOU ARE AT LEAST 16 BUT UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO USE OR ACCESS THE APPS.
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-THE TERMS OF THIS PARAGRAPH APPLY TO YOUR USE OF THE APPS, AND YOUR USE OF SUCH APPLICATIONS. THE APPLICATIONS PROVIDED THROUGH THE APPS ARE LICENSED BY THE APPLICATION PROVIDER OF THE APPLICATION (“APPLICATION PROVIDER”) TO YOU, THE ORIGINAL END-USER, SOLELY FOR YOUR PERSONAL USE AS SET FORTH BELOW IN EXHIBIT A AND SUBJECT TO ANY APPLICABLE END-USER APPLICATION LICENSE AGREEMENT.
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-You agree to use the Apps and the Applications only for personal, noncommercial use. You agree not to access or attempt to access the Apps by means other than through the interface or software that is provided by LGE, unless LGE specifically authorizes you do to so by written agreement.
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-LGE reserves the right, in its sole discretion, to add, remove, disable access to, block, or modify the Apps, and to add, remove, disable access to, block, or modify remotely any Applications previously downloaded to your device from the Apps, including for reasons of changes to obligations or restrictions with third parties, an Application Provider’s violation of an Agreement with LGE, or due to a court order. LGE may limit the use of or access to certain features or portions of the Apps or Applications downloaded from the Apps, in its sole discretion and without notice or liability. If LGE removes, disables access to, or otherwise blocks you from accessing an Application, you will need to contact the Application Provider for further action.
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-LGE has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Apps or in the Applications, to investigate any reported or apparent violation of these Terms of Use, and to take action that LGE in its sole discretion deems appropriate.
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-You agree that the Apps and the Applications available through the Apps, including but not limited to the graphics, editorial content, audio clips, video clips, and software, contain proprietary information and material that is owned by LGE, Application Providers, or other third parties. 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 contents in the Apps or in the Applications, except as expressly specified in an appropriate license or mutually agreed upon in writing.
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-Should you have any issues or questions regarding the Apps, please visit [http://lgappstv.com] or please contact [tv.privacy@lge.com]. Please note that this link may not be available in certain countries. Also, LGE does not provide support for the Applications and you should contact the Application Provider directly.
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-11. Your account and password
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-If you choose, or you are provided with, a user identification code, password, PIN or any other piece of information as part of our security procedures, including if you sign up as a member of LG Account, you must treat this information as confidential. You must not disclose it to any third party.
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-You are responsible for all actions that take place as a result of access to the Services via your identification code, password or PIN.
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-We have the right to disable any user identification code, password or PIN, whether chosen by you or allocated by us, at any time, if we reasonably believe that you have failed to comply with any of the provisions of these Terms of Use.
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-If you know or suspect that anyone other than you knows your user identification code, password or PIN, or you become aware of any other breach of the security measures on your Smart Media Product, you must promptly reset the relevant security measures.
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-12. Intellectual property rights
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-We are the owner or the licensee of all intellectual property rights in the Services and these rights are protected by intellectual property laws and treaties around the world. This includes any content that you may access through the Services (other than third party content and your own content) such as images and text in which we own the copyright, as well as our trademarks, service names and logos (collectively “our Content”).
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-We grant to you a non-exclusive, non-transferable (except where you dispose of your Smart Media Product to a third party) right to view and use our Content via the Services for the personal enjoyment of those individuals and groups with viewing access to your Smart Media Product (whether within a domestic or commercial premises), in accordance with these Terms of Use. You must not use our Content beyond the scope of this right and in particular you agree not to modify, copy, reproduce, rebroadcast, or retransmit any of our Content.
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-It is important to us that the LG Brand and all of our Content are fully protected from misuse. You must not, in any circumstances, use our Content except as stated in this paragraph. If you breach this requirement, we may immediately discontinue your access to the Services and we may require you to return or destroy any copies of our Content that you have made.
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-The ownership and/or licensing of any intellectual property rights in any third party apps, services and content that you access through your use of the Services is outside of our control and should be addressed by any terms made available to you by the relevant third party provider(s). You should consult the relevant third party provider for further information.
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-13. Will my Personal Information be protected?
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-We are committed to protecting your personal information when you are using the Services. To find out what information we collect about you and how we may use it, please see our Privacy Policy.
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-14. Viruses and Security
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-We use commercially reasonable efforts to ensure that the Services are secure and virus free, but those efforts cannot and do not guarantee that the Services will be free from bugs, viruses, or other vulnerabilities.
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-Further, we are not accountable for any loss or damage caused by a virus, distributed denial-ofservice attack, or other technologically harmful material that may infect your Smart Media Product, data or other material belonging to you, during your use of the Services.
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-15. Indemnification
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-To the maximum extent permitted by law, you agree to defend, indemnify and hold LGE, its directors, officers, employees, affiliates, and agents harmless from and against any and all claims arising out of your breach of these Terms of Use, your use of the Services, the Apps, or your use of any Applications downloaded from the Apps.
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-16. Limitation of our liability
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-THE SERVICES ARE PROVIDED “AS IS. ”
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-TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY CONTENT MADE AVAILABLE IS ENTIRELY AT YOUR OWN RISK AND WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE SERVICES, WHETHER EXPRESS OR IMPLIED.
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-TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN ANY APPLICABLE PRODUCT WARRANTY DOCUMENTATION, WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
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-• ANY USE YOU CHOOSE TO MAKE OF THE SERVICES;
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-• YOUR USE OF OR RELIANCE ON ANY CONTENT THAT YOU ACCESS THROUGH USE OF THE SERVICES;
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-• ANY FAILURE BY YOU TO COMPLY WITH THESE TERMS OF USE OR WITH ANY OTHER APPLICABLE TERMS, INCLUDING THIRD PARTY TERMS AND CONDITIONS RELATING TO EXTERNAL SERVICES OR CONTENT; OR
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-• ANY LOSS OF DATA FROM OR DAMAGE TO YOUR SMART MEDIA PRODUCT.
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-TO THE EXTENT THAT YOU CHOOSE TO USE THE SERVICES FOR ANY COMMERCIAL OR BUSINESS PURPOSES, WE ARE NOT ACCOUNTABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY THAT YOU MAY SUFFER IN CONNECTION WITH SUCH USE OF THE SERVICES.
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-FOR ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANYONE ELSE WHICH MAY ARISE OUT OF OR IN CONNECTION WITH THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHICH IS NOT COVERED BY THE ABOVE PROVISIONS, THE TOTAL LIABILITY OF LGE AND OUR SUBSIDIARIES, WHICH REFERS TO COMPANIES AFFILIATED WITH LGE BY COMMON OWNERSHIP OR CONTROL, TO YOU IS LIMITED TO THE AMOUNT THAT YOU PAID FOR YOUR SMART MEDIA PRODUCT.
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-Nothing in these Terms of Use excludes or limits:
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-• Your legal rights as a consumer; or
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-• Our liability for death or personal injury arising from our negligence, for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
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-17. Force Majeure
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-We are not liable or responsible for delay in performance of, or any failure to perform any of our obligations under these Terms of Use that is caused by events outside our reasonable control (“Force Majeure”), in particular (but not limited to) (a) acts, decrees, legislation, regulations or restrictions of any government; (b) unavailability of public or private telecommunication networks; or (c) strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attacks or threats of terrorist attacks, war (whether declared or not) or any natural disaster.
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-Our performance under these Terms of Use is deemed to be suspended for the period that Force Majeure continues, and we will have an extension of time for performance for the duration of that period.
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-We will use our reasonable efforts to bring the Force Majeure to an end or to find a solution by which our obligations under these Terms of Use may be performed despite the Force Majeure.
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-18. Confidentiality
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-The Services may contain information which is confidential to us including, but not limited to, all information marked or designated as confidential or recognizable as trade or business secrets or for other reasons recognizable or made available to you as confidential.
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-Unless stated otherwise in these Terms of Use you will (a) keep such information confidential for an unlimited period of time and not disclose such information without our prior written consent and (b) neither record or otherwise use such information unless required for the purposes of these Terms of Use.
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-This confidentiality obligation shall not apply in the event that you are required to disclose information which is confidential to us in accordance with applicable law. In this case and to the extent permissible by applicable law, you will notify us immediately of any disclosure of any information which is confidential to us.
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-19. Complaints
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-If you have any queries, concerns or complaints about the Services, please contact [tv.privacy@lge.com].
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-20. DISPUTE RESOLUTION FOR UNITED STATES RESIDENTS
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-(a) Generally. In the interest of resolving disputes between you and LGE in the most expedient and cost effective manner, you and LGE agree that any and all disputes arising in connection with this EULA shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of this EULA, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of this EULA. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS EULA, YOU AND LGE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
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-(b) Exceptions. Notwithstanding Section 12(a), we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our rights to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
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-(c) Arbitrator. Any arbitration between you and LGE will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting LGE.
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-(d) Notice; Process. In the event you intend to commence an arbitration proceeding, you must first notify LG in writing at least 30 days in advance of initiating the arbitration by sending a letter to LG at LG Electronics, USA, Inc. Attn: Legal Department- Arbitration 1000 Sylvan Ave, Englewood Cliffs 07632. You and LG agree to engage in good faith discussions in an attempt to amicably resolve your claim. The notice must provide your name, address, and telephone number; identify the product that is the subject of the claim; and describe the nature of the claim and the relief being sought. If you and LG are unable to resolve the dispute within 30 days, either party may proceed to file a claim for arbitration. During the arbitration, the amount of any settlement offer made by you or LGE shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
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-(e) Fees. In the event that you commence arbitration in accordance with this EULA, LGE will promptly pay all arbitration filing fees to AAA upon receipt of your written demand for arbitration, unless your claim is for greater than $25,000, in which case the payment of any fees shall be decided by the AAA Rules. If the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephonic hearing; or (iii) by an in-person hearing as established by the AAA Rules. The arbitration hearing will take place 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. 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 attorneys’ fees and expenses as long as they are reasonable, by considering factors including, but not limited to, 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 arbitration can award them to the same extent that a court would. If the arbitrator finds that 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 fees will be governed by the AAA Rules. In such case, you agree to reimburse LGE for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
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-(f) No Class Actions. YOU AND LGE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and LGE agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
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-(g) 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 the first consumer purchaser’s purchase of the product by either: (i) sending an e-mail to [optout@lge.com], with the subject line: “Arbitration Opt Out” or (ii) calling 1-800-980-2973. You must include in the opt out e-mail or provide by telephone: (a) your name and address; (b) the date on which the product was purchased; (c) the product model name or model number; and (d) the serial number (the serial number can be found (i) on the product; or (ii) online by accessing [https://www.lg.com/us/support/repair-service/schedule-repair-continued] and clicking on “Find My Model & Serial Number”).
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-You may only opt out of the dispute resolution procedure in the manner described above (that is, by e-mail or telephone); no other form of notice will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the full benefits of 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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-(h) Modifications. In the event that LGE makes any future change to this arbitration provision (other than a change to LGE's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to LGE's address for Notice.
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-21. Choice of Law
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-These Terms of Use are governed by the laws of the country where your Smart Media Product is sold and both you and LGE agree to submit to the exclusive jurisdiction of the courts of the country where your Smart Media Product is sold in connection with the same.
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-22. Miscellaneous
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-Unless expressly stated otherwise, these Terms of Use and the documents referred to in them contain the entire agreement between us and you relating to your use of the Services and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you relating to your use of the Services.
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-We may assign, sub-contract or otherwise transfer any or all of our rights and obligations under these Terms of Use to any company, firm or person. We can only do this if it does not materially affect your rights under these Terms of Use. You may not assign, sub-contract or otherwise transfer your rights or obligations under these Terms to anyone else (except where you dispose of your Smart Media Product to a third party) unless you first agree this with us in writing.
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-If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.
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-If any part of these Terms of Use is found to be illegal, invalid or otherwise unenforceable by a court or regulator, then, where required, that part shall be deleted and the remaining parts of the Terms of Use will continue to be enforceable.
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-Except as otherwise provided in these Terms of Use, these Terms of Use do not create or infer any rights that are enforceable by any person who is not party to them.
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-23. Changes to LGE's Terms of Use
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-We are allowed to change or amend our Terms of Use from time to time to correct editorial defects or phrase it more clearly without notice.
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-We will provide you at least 30 days prior notice (“Notification Period”) in case of any material changes to our Terms of Use are made via “Notification” menu in your Smart Media Product or by other suitable means which ensure that you will be able to take note of the revised Terms of Use.
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-You also accept the revised Terms of Use when you continue to use our Services after the Notification Period. In this case you are bound by and we will treat you as bound by the revised Terms of Use from the date on which the revised Terms of Use become effective. You are free to terminate your agreement to these Terms of Use at any time should you choose not to accept the revised Terms of Use.
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-24. No Waiver
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-If we do not exercise or enforce any legal rights or remedies which are set out in these Terms of Use or which we have the benefits of under any applicable law, this will not be construed as a formal waiver of our rights or remedies and such rights or remedies will remain available to us.
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-25. Contacting LGE about these Terms of Use
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-If you have any questions or comments about these Terms of Use please contact [tv.privacy@lge.com].
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-Last updated: [January 2024]
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-Thank you for using the Services.
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-EXHIBIT A - Application License Agreement
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-THE FOLLOWING TERMS AND CONDITIONS (THIS “APPLICATION LICENSE AGREEMENT”) APPLY TO YOUR USE OF EACH APPLICATION YOU DOWNLOAD FROM THE APPS (EACH, AN “APPLICATION”) AND SUPPLEMENT THE APPS END-USER TERMS AND CONDITIONS SET FORTH IN PARAGRAPHS ABOVE. BEFORE USING ANY APPLICATION, CAREFULLY READ THIS APPLICATION LICENSE AGREEMENT.
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-You acknowledge that the license granted hereunder is granted to you by the provider of the Application (“Application Provider”) and not by LGE. If the Application Provider provides an End User License Agreement (“EULA”) with the Application, those terms shall supplement this Application License Agreement. As between you and the Application Provider, any additional or different terms in such EULA shall take precedence over the terms in this Application License Agreement. In the event of any conflict between the terms of a EULA and the terms of this Application License Agreement, the terms of the EULA will prevail.
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-You acknowledge and agree that LGE is a third party beneficiary of this Application License Agreement and any EULA, if so provided. You acknowledge and agree that LGE will have the right (and will be deemed to have accepted the right) to enforce such license against you as a third party beneficiary of those agreements.
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-1. Grant of License: You are hereby granted a limited, non-transferable license to use the Application on your Smart Media Product and in the manner set forth in paragraphs of this Terms of Use. You may not rent, lease, lend, sell, redistribute or sublicense the Application. You may not reverse engineer, decompile, or disassemble the Application, except and only to the extent that such activity is expressly permitted by applicable law. Any attempt to do so is a violation of the rights of the Application Provider. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Application Provider that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The Application Provider reserves all rights in and to the Application not expressly granted to you under this Application License Agreement.
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-2. Consent to Use of Data: You agree that the Application Provider may collect and use technical and related information, gathered in any manner, as part of product support services related to the Application. The Application Provider may use this information solely to improve its products or to provide customized services or technologies to you. The Application Provider may disclose this information to others, but not in a form that personally identifies you.
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-3. Termination: The license is effective until terminated by you or the Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Application, and destroy all copies, full or partial, of the Application, including any accompanying documentation.
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-4. Third Party Material; Objectionable Content: You understand, acknowledge and agree that certain Applications may provide access to products, services, web content or other third-party materials and that LGE is not responsible for such third party content. You agree that LGE is not responsible for examining or evaluating the third party content or the accuracy of such content. LGE does not make any representations or warranties regarding, and accepts no liability in respect of, such third party content.
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-You understand, acknowledge, and agree that by accessing and downloading Applications from the Apps that you may encounter material that you may deem explicit or is offensive, indecent or objectionable to you, and that you may not be warned about such material in advance. You agree that your downloading and use of all Applications will be at your sole risk, and LGE shall have no liability to you as a result of any exposure through such Applications.
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-5. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT ACCESS TO THE APPLICATION IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. THE APPLICATION PROVIDER DOES NOT WARRANT THAT USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION PROVIDER EXPRESSLY DISCLAIMS ANY IMPLIED OR STATUTORY TERMS, CONDITIONS OR WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT.
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-THE APPLICATION PROVIDER MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE.
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-6. LIMITATION OF LIABILITY: NOTHING IN THIS LIMITATION OF LIABILITY LIMITS OR EXCLUDES THE APPLICATION PROVIDER’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR REPRESENTATIONS MADE FRAUDULENTLY, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION PROVIDER SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE LICENSE OR USE OF THE APPLICATION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF THE APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION PROVIDER’S ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID FOR THE APPLICATION, AT THE APPLICATION PROVIDER’S OPTION. IN NO EVENT WILL THE APPLICATION PROVIDER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY THIRD PARTY SOFTWARE OR OPEN SOURCE SOFTWARE, EVEN IF THE APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
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-7. You agree that you will not export or re-export the Application or accompanying documentation (or any copies thereof) in violation of any applicable laws or regulations. You agree to comply with all applicable export laws and regulations. These laws include restrictions on destinations, end users, and end use. You represent and warrant that you are not prohibited from receiving exports or services under any applicable export laws.
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-8. By accepting this Application License Agreement, you agree that such agreement (including any applicable EULA and all incorporated or referenced documents herein or therein) sets forth the entire agreement between you and the Application Provider, and supersedes all prior agreements, whether written or oral, with respect to the Application, notwithstanding the terms or conditions of any such prior agreements. If the Application Provider fails to enforce any right or provision in this Application License Agreement, such failure will not constitute a waiver of such right or provision. This Privacy Policy is designed to inform you how LG Electronics Inc. (“LGE” or “we” or “our”) collects, uses, and shares information that we obtain as a result of your use of your Smart Media Product (including but not limited to Smart TV, monitors, or any other internet-based Media Products), as well as any add-on features and function(s) (together, the “Smart Media Product Services”) that we provide. Depending on the country where you are based and the model of Smart Media Product that you own, some of the Smart Media Product Services may not be available (Information collected may vary based on the availability of specific Smart Media Product).+The support articles do **not** publish the August 2026 arbitration clause, any new class-waiver wording, or a new opt-out address. Those belong in a later archived version once someone captures the on-TV document. The January 2024 Terms of Use, Legal Notice, and Smart Media Product Privacy Policy from the public Legal Notice PDF are archived separately and are labeled as those earlier documents.