Samsung Galaxy S III Important Information Manual page 25

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
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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 Product's sale,
condition or performance.
You may opt out of this dispute resolution
procedure by providing notice to
SAMSUNG no later than 30 calendar
days from the date of the first consumer
purchaser's purchase of the Product. To
opt out, you must send notice by e-mail
to optout@sta.samsung.com, with the
subject line: "Arbitration Opt Out." You
must include in the opt out e-mail (a)
your name and address; (b) the date on
which the Product was purchased; (c) the
Product model name or model number;
and (d) the IMEI or MEID or Serial Number,
as applicable, if you have it (the IMEI or
MEID or Serial Number can be found (i)
on the Product box; (ii) on the Product
Manufacturer's Warranty
information screen, which can be found
under "Settings;" (iii) on a label on the
back of the Product beneath the battery,
if the battery is removable; and (iv) on
the outside of the Product if the battery
is not removable). Alternatively, you may
opt out by calling 1-888-987-4357 no later
than 30 calendar days from the date of
the first consumer purchaser's purchase
of the Product and providing the same
information. These are the only two forms
of notice that will be effective to opt out of
this dispute resolution procedure. Opting
out of this dispute resolution procedure
will not affect the coverage of the Limited
Warranty in any way, and you will continue
to enjoy the benefits of the Limited
Warranty.
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