Samsung SPH-M380ZKASPR - Manual (Page 178)

166 Manufacturer’s Warranty
be combined or consolidated with a dispute involving any
other person's or entity's Product or claim, 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 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 the Purchaser's total damage
claims, exclusive of attorney fees and expert witness fees, are
$5,000.00 or less ("Small Claim"), the arbitrator may, if the
Purchaser prevails, award the Purchaser's 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 by
the Purchaser in bad faith. In a Small Claim case, the
Purchaser 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 the Purchaser's 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.
Purchaser may opt out of this dispute resolution procedure
by providing notice to SAMSUNG no later than 30 calendar
days from the date of Purchaser's original purchase of the
Product. To opt out, Purchaser must send notice by e-mail to
[email protected], with the subject line: "Arbitration
Opt Out." Purchaser must include in the opt out e-mail (a)
Purchaser's 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 Purchaser has 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,
Purchaser may opt out by calling 1-888-987-4357 and
providing the same information. These are the only two
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