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whether in advertising, presentations or
otherwise, on behalf of SAMSUNG regarding
the Products or this Limited Warranty.
This Limited Warranty gives you specific legal
rights, and you may also have other rights
that vary from state to state.
What is the procedure for resolving disputes?
ALL DISPUTES WITH SAMSUNG ARISING IN
ANY WAY FROM THIS LIMITED WARRANTY OR
THE SALE, CONDITION OR PERFORMANCE OF
THE PRODUCTS 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 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 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
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