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4B. Manufacturer’s Warranty
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
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 Product’s sale, condition
or performance.
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 the Product. 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 Product was purchased; (c) the Product 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 Product box; (ii) on
the Product information screen, which can be found under
“Settings;” (iii) on a label on the back of the Product
beneath the battery, if the battery is removable; and (iv) on
the outside of the Product 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 Product 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
Boost SPH-D710_MR2_JB_.book Page 199 Monday, March 25, 2013 5:34 PM
Summary of Contents for galaxy S II
Page 1: ...Online User Guide Boost SPH D710_MR2_JB_ book Page a Monday March 25 2013 5 34 PM...
Page 16: ...Section 1 Boost SPH D710_MR2_JB_ book Page 1 Monday March 25 2013 5 34 PM...
Page 22: ...Section 2 Boost SPH D710_MR2_JB_ book Page 7 Monday March 25 2013 5 34 PM...
Page 149: ...Section 3 Boost SPH D710_MR2_JB_ book Page 134 Monday March 25 2013 5 34 PM...
Page 184: ...Section 4 Boost SPH D710_MR2_JB_ book Page 169 Monday March 25 2013 5 34 PM...