DRAFT
Internal Use Only
Warranty Information 349
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 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
