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Samsung SPH-A110ZWADYN User Manual

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INDIVIDUAL CAPACITY AND NOT AS A

CLASS REPRESENTATIVE OR A CLASS

MEMBER IN A CLASS OR REPRESENTATIVE

ACTION. IF A COURT OR ARBITRATOR

DETERMINES IN A CLAIM BETWEEN YOU

AND US THAT YOUR WAIVER OF ANY

ABILITY TO PARTICIPATE IN CLASS OR

REPRESENTATIVE ACTIONS IS UNEN-

FORCEABLE UNDER APPLICABLE LAW,

THE ARBITRATION AGREEMENT WILL

NOT APPLY, AND YOU AND WE AGREE

THAT SUCH CLAIMS WILL BE RESOLVED

BY A COURT OF APPROPRIATE

JURISDICTION, OTHER THAN A SMALL

CLAIMS COURT.

JURY TRIAL WAIVER WHETHER ANY

CLAIM IS IN ARBITRATION OR IN COURT

YOU AND WE WAIVE ANY RIGHT TO JURY

TRIAL INVOLVING ANY CLAIMS OR DIS-

PUTES BETWEEN YOU AND US.

About You

You represent that you're at least 18

years old and have the legal capacity to

accept this agreement. If you are ordering

for a friend or a member of your family,

you are bound by the terms of this agree-

90

and Expenses, or any lesser amount as

provided under AAA’s Supplemental

Procedures for Consumer-Related Disputes.

You and we agree to pay our own other

fees, costs, and expenses, including those

for any attorneys, experts, and witnesses.

An arbitrator may only award as much and

the type of relief as a court with jurisdiction

in the place of arbitration that is consistent

with law and this Agreement. An arbitrator

may issue injunctive or declaratory relief

but only applying to you and us and not

to any other customer or third party. As

a limited exception to the agreement to

arbitrate, you and we agree that: (a) you

may take Claims to small claims court, if

your Claims qualify for hearing by such

court; and (b) if you fail to timely pay

amounts due, we may assign your account

for collection, and the collection agency

may pursue in court claims limited strictly

to the collection of the past due debt and

any interest or cost of collection permitted

by law or the Agreement.

CLASS ACTION WAIVER WHETHER IN

COURT, SMALL CLAIMS COURT, OR ARBI-

TRATION YOU AND WE MAY ONLY BRING

CLAIMS AGAINST EACH OTHER IN AN

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