45
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 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
DRAFT - For Internal Use Only
Printing NOT approved by Technical Writing Team