Warranty Information 349
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 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. 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
