Samsung SM-T537AYKAATT - Manual (Page 40)

36
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 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 the device beneath the battery, if the battery is removable;
and (iv) on the outside of the device 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 device 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 your use of the device or its preloaded Software,
and you will continue to enjoy the benefits of this license.
T537A_H&S.book Page 36 Friday, May 2, 2014 1:52 PM