Samsung SGH-I747RWBATT - Manual (Page 230)

12. APPLICABLE LAW. This EULA is governed by the laws of
the jurisdiction where you are a resident or, if a resident of
the United States, by the laws of the state of Texas, without
regard to its conflict of law provisions. This EULA shall not be
governed by the UN Convention on Contracts for the
International Sale of Goods, the application of which is
expressly excluded.
13. DISPUTE RESOLUTION.
(a) Non-United States residents. If a dispute, controversy or
difference arising in any way from this EULA or your use of
the Software is not amicably settled, it shall be subject to the
non-exclusive jurisdiction of the courts of the jurisdiction
where you are a resident. Notwithstanding the foregoing,
Samsung may apply for injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction.
(b) United States residents. ALL DISPUTES WITH SAMSUNG
ARISING IN ANY WAY FROM THIS EULA OR YOUR USE OF THE
SOFTWARE 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 any other person’s or entity’s claim or
dispute, 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. 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,
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