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For any arbitration in which the Purchaser's total damage claims,
exclusive of attorney fees and expert witness fees, are $5,000.00
or less (“Small Claim”), the arbitrator may, if the Purchaser
prevails, award the Purchaser's 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 by the Purchaser in bad
faith. In a Small Claim case, the Purchaser 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 the
Purchaser's 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.
Purchaser may opt out of this dispute resolution procedure by
providing notice to SAMSUNG no later than 30 calendar days from
the date of Purchaser's original purchase of the Product. To opt out,
Purchaser must send notice by e-mail to
optout@sta.samsung.com, with the subject line: “Arbitration Opt
Out.” Purchaser must include in the opt out e-mail (a) Purchaser's
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 Purchaser has 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,
Purchaser may opt out by calling 1-888-987-4357 and providing the
same information. These are the only two forms of notice that will
be effective to opt out of this dispute resolution procedure. Opting
out of this dispute resolution procedure will not affect the coverage
of the Limited Warranty in any way, and Purchaser will continue to
enjoy the benefits of the Limited Warranty.
