Samsung SGH-I257ZKAATT - Manual (Page 53)

Warranty Information 47
Notwithstanding the foregoing, Samsung may apply for
injunctive remedies (or an equivalent type of urgent legal
relief) in any jurisdiction.
(b) United States residents. ALL DISPUTES WITH
SAMSUNG ARISING IN ANY WAY FROM THIS EULA OR
YOUR USE OF THE SOFTWARE SHALL BE RESOLVED
EXCLUSIVELY THROUGH FINAL AND BINDING
ARBITRATION, AND NOT BY A COURT OR JURY. Any such
dispute shall not be combined or consolidated with any
other person’s or entity’s claim or dispute, and
specifically, without 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 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
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