Samsung SM-P905VZKAVZW - Manual (Page 72)

66
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. 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
VZW_P905V_JB_Eng_PSW_.book Page 66 Thursday, March 6, 2014 12:39 PM