113
W
ARRANTY
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 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 Electronics
Co. 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 Electronics Co. shall
pay the remainder of such fees.
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