64
Important Safety Information
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
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