197
2C. Settings
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. 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 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 licensing or use of the
Software. 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 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
Summary of Contents for Galaxy Rush
Page 8: ...Section 1 Getting Started ...
Page 15: ...Section 2 Your Phone ...
Page 123: ...Section 3 Service Features ...
