Samsung SPH-D710AAABST - Manual (Page 174)

160 4B. Manufacturer’s Warranty
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
[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 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 information. These are the
only two forms of notice that 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 benefits of the Limited Warranty
.