Samsung SCH-I535MBPVZW - Manual (Page 44)

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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
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
VZW_i535_Eng_PSW_.book Page 39 Monday, February 10, 2014 2:15 PM