Samsung SPH-M270ZKAVMU - Manual (Page 101)

Warranty Information 97
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 Limited Warranty 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 Limited Warranty.
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