Samsung Factor, Online User'S Manual

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106 Manufacturer’s Warranty
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 Electronics Co. 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 Electronics Co. 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 Electronics Co.'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 Electronics Co. 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
optout@sta.samsung.com, 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 opt out of
this dispute resolution procedure. Opting out of this dispute
resolution procedure will not affect your use of the device or its