Samsung SCH-U365WSAVZW - Manual (Page 164)

Warranty Information 159
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 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 [email protected], 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 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.
Severability
If any portion of this Limited Warranty is held to be illegal or
unenforceable, such partial illegality or unenforceability shall not
affect the enforceability of the remainder of the Limited Warranty.
Precautions for Transfer and Disposal
If data stored on this device is deleted or reformatted using the
standard methods, the data only appears to be removed on a
superficial level, and it may be possible for someone to retrieve
and reuse the data by means of special software.