Samsung SM-N900TZWETMB - Manual (Page 84)

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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 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 licensing or use of the Software. 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