186
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 EULA 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 EULA. 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 Electronics
Co. 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
Electronics Co. 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 Electronics Co.'s employees, representatives and
affiliates if any such claim arises from the licensing or use of
the Software. You may opt out of this dispute resolution
procedure by providing notice to Samsung Electronics Co. no
later than 30 calendar days from the date of the first
consumer purchaser's purchase of this device. To opt out,
you must send notice by e-mail to
optout@sta.samsung.com, 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 device was
purchased; (c) the device 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 device box; (ii) on the device information screen, which
can be found under "Settings;" (iii) on a label on the back of
the device beneath the battery, if the battery is removable;
and (iv) on the outside of the device 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
