YOU AND SAMSUNG EACH AGREE THAT ALL DISPUTES BETWEEN YOU AND
SAMSUNG RELATING IN ANY WAY TO OR ARISING IN ANY WAY FROM THE
STANDARD LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE
OF THE PRODUCT 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. The AAA Rules are available online at
www.adr.org
or by calling the AAA
at 1-800-778-7879. This Agreement is entered into pursuant to the Federal Arbitration
Act. The laws of the State of New York, without reference to its choice of law principles,
shall govern the interpretation of the Agreement and all disputes that are subject to this
Agreement. The arbitrator shall decide all issues of interpretation and application of this
Agreement.
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 to the extent
allowed by the applicable law. Judgment may be entered on the arbitrator’s award in
any court of competent jurisdiction.
Page 6 of 37
Gear-HSGuide
2020-05-26
https://www.samsung.com/us/Legal/Gear-HSGuide/
