Samsung SPH-M840UWABST - Manual (Page 179)

provision. The arbitrator shall decide all issues of
interpretation and application of this arbitration
provision and the Limited Warranty.
170 2C. Settings
fees, expert witness fees and costs. Judgment may be
entered on the arbitrator’s award in any court of
competent jurisdiction.
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 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