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Warranty Information 154
limitation of the foregoing, shall not under any circumstances
proceed as part of a class action. The arbitration shall be
conducted before a single arbitrator, whose award may not
exceed, in form or amount, the relief allowed by the applicable
law. The arbitration shall be conducted according to the
American Arbitration Association (AAA) Commercial Arbitration
Rules applicable to consumer disputes. This arbitration provision
is entered pursuant to the Federal Arbitration Act. The laws of the
State of Texas, without reference to its choice of laws principles,
shall govern the interpretation of the Limited Warranty and all
disputes that are subject to this arbitration provision. The
arbitrator shall decide all issues of interpretation and application
of this arbitration provision and the Limited Warranty.
For any arbitration in which your total damage claims, exclusive
of attorney fees and expert witness fees, are $5,000.00 or less
(“Small Claim”), the arbitrator may, if you prevail, award your
reasonable attorney fees, expert witness fees and costs as part
of any award, but may not grant SAMSUNG its attorney fees,
expert witness fees or costs unless it is determined that the claim
was brought in bad faith. In a Small Claim case, you shall be
required to pay no more than half of the total administrative,
facility and arbitrator fees, or $50.00 of such fees, whichever is
less, and SAMSUNG shall pay the remainder of such fees.
Administrative, facility and arbitrator fees for arbitrations in
which your total damage claims, exclusive of attorney fees and
expert witness fees, exceed $5,000.00 (“Large Claim”) shall be
determined according to AAA rules. In a Large Claim case, the
arbitrator may grant to the prevailing party, or apportion among
the parties, reasonable attorney fees, expert witness fees and
costs. Judgment may be entered on the arbitrator’s award in any
court of competent jurisdiction.
This arbitration provision also applies to claims against
SAMSUNG’s employees, representatives and affiliates if any such
claim arises from the Product’s sale, condition or performance.
You may opt out of this dispute resolution procedure by providing
notice to SAMSUNG no later than 30 calendar days from the date of
the first consumer purchaser’s purchase of the Product. To opt out,
you must send notice by e-mail to optout@sta.samsung.com, with
the subject line: “Arbitration Opt Out.” You must include in the opt
out e-mail (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 IMEI or MEID or Serial Number, as applicable, if
you have it (the IMEI or MEID or Serial Number can be found (i) on
the Product box; (ii) on the Product information screen, which can
be found under “Settings;” (iii) on a label on the back of the
Product beneath the battery, if the battery is removable; and (iv) on
the outside of the Product if the battery is not removable).
Alternatively, you may opt out by calling 1-888-987-4357 no later
than 30 calendar days from the date of the first consumer
purchaser’s purchase of the Product and providing the same