Samsung SGH-T199ZKWTMB - Manual (Page 99)

its conflict of law provisions. This EULA shall not
be governed by the UN Convention on Contracts
for the International Sale of Goods, the
application of which is expressly excluded.
16. DISPUTE RESOLUTION.
(a) Non-United States residents. If a dispute,
controversy or difference arising in any way from
this EULA or your use of the Software is not
amicably settled, it shall be subject to the non­
exclusive jurisdiction of the courts of the
jurisdiction where you are a resident.
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 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
Warranty Information 95