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Samsung SCH-R380ZKAMTR User Manual

Page 119

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Warranty Information 116

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.

Samsung Telecommunications America, LLC
1301 E. Lookout Drive
Richardson, Texas 75082
Phone: 1-800-SAMSUNG
Phone: 1-888-987-HELP (4357)