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103
W
ARRANTY
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 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.
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Summary of Contents for Smartphone
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