Warranty Information 209
CAPABILITIES, OPERATIONS, PERFORMANCE OR
SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR
EQUIPMENT USED IN CONJUNCTION WITH THE
PRODUCT, OR THE ABILITY TO INTEGRATE ANY SUCH
SOFTWARE OR EQUIPMENT WITH THE PRODUCT,
WHETHER SUCH THIRD-PARTY SOFTWARE OR
EQUIPMENT IS INCLUDED WITH THE PRODUCT
DISTRIBUTED BY SAMSUNG OR OTHERWISE.
RESPONSIBILITY FOR THE QUALITY, CAPABILITIES,
OPERATIONS, PERFORMANCE AND SUITABILITY OF
ANY SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT
RESTS SOLELY WITH THE USER AND THE DIRECT
VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-
PARTY SOFTWARE OR EQUIPMENT.
Nothing in the Product instructions or information
shall be construed to create an express warranty of
any kind with respect to the Products. No agent,
employee, dealer, representative or reseller is
authorized to modify or extend this Limited Warranty
or to make binding representations or claims,
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,