Samsung SPH-D710ZWABST - Manual (Page 222)

207 4B. Manufacturer’s Warranty
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 EULA
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 EULA. 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
Electronics Co. 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 Electronics
Co. 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 Electronics Co.'s employees,
representatives and affiliates if any such claim arises
from the licensing or use of the Software. You may opt
out of this dispute resolution procedure by providing
notice to Samsung Electronics Co. no later than 30
calendar days from the date of the first consumer
purchaser's purchase of this device. To opt out, you
must send notice by e-mail to
[email protected], 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 device was purchased; (c) the device 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 device
box; (ii) on the device information screen, which can be
found under "Settings;" (iii) on a label on the back of
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