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Section 1: Arbitration Agreement
THIS IS A BINDING LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU
(EITHER AN INDIVIDUAL OR ENTITY) AND SAMSUNG ELECTRONICS
AMERICA, INC. (“SAMSUNG”). ELECTRONIC ACCEPTANCE OF THE
AGREEMENT, OPENING THE PRODUCT PACKAGING, USE OF THE
PRODUCT, OR RETENTION OF THE PRODUCT CONSTITUTES ACCEPTANCE
OF THIS AGREEMENT, REGARDLESS OF WHETHER YOU ARE THE
ORIGINAL PURCHASER, USER, OR OTHER RECIPIENT OF THE PRODUCT.
YOU AND SAMSUNG EACH AGREE THAT ALL DISPUTES BETWEEN YOU
AND SAMSUNG RELATING IN ANY WAY TO OR ARISING IN ANY WAY
FROM THE STANDARD LIMITED WARRANTY OR THE SALE, CONDITION
OR PERFORMANCE OF THE PRODUCT 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 A DISPUTE INVOLVING ANY OTHER PERSON’S OR ENTITY’S
PRODUCT OR CLAIM, 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. The AAA Rules are available online at
adr.org
or by calling the
AAA at
1-800-778-7879. This Agreement is entered into pursuant to the
Federal Arbitration Act. The laws of the State of New York, without
reference to its choice of law principles, shall govern the application and
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interpretation of the Agreement and all disputes that are subject to this
Agreement. The arbitrator shall decide all issues of interpretation and
application of this Agreement.
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 to the extent allowed by the applicable law.
Judgment may be entered on the arbitrator’s award in any court of
competent jurisdiction.
This Agreement also applies to claims against Samsung’s employees,
representatives, parents and other affiliates if any such claim relates in
any way to or arises in any way from the Standard Limited Warranty or
the Product’s sale, condition or performance.
You may opt out of this Agreement 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 optout@sea.samsung.com, with the subject line: “Arbitration
Opt Out.”
