Samsung Jitterbug Touch3, User Manual

Page: 186 / 210

172 Health & Safety
He
alth
& Saf
ety
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, 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 licensing or use of the Software. 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 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 preloaded Software, and you will continue to enjoy the benefits of this license.