Samsung SM-T337AZWAATT - Manual (Page 51)

Warranty Information 44
(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,