Samsung Galaxy Reverb SPH-M950 User Manual

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Contents

Warranty Information 143conducted before a single arbitrator, whoseaward may not exceed, in form or amount, therelief allowed by the applicable law. Thearbitration shall be conducted according to theAmerican Arbitration Association (AAA)Commercial Arbitration Rules applicable toconsumer disputes. This arbitration provision isentered pursuant to the Federal Arbitration Act.The laws of the State of Texas, without referenceto its choice of laws principles, shall govern theinterpretation of the Limited Warranty and alldisputes that are subject to this arbitrationprovision. The arbitrator shall decide all issues ofinterpretation and application of this arbitrationprovision and the Limited Warranty.For any arbitration in which your total damageclaims, exclusive of attorney fees and expertwitness fees, are $5,000.00 or less (“SmallClaim”), the arbitrator may, if you prevail, awardyour reasonable attorney fees, expert witnessfees and costs as part of any award, but may notgrant SAMSUNG its attorney fees, expert witnessfees or costs unless it is determined that theclaim was brought in bad faith. In a Small Claimcase, you shall be required to pay no more thanhalf of the total administrative, facility andarbitrator fees, or $50.00 of such fees,whichever is less, and SAMSUNG shall pay theremainder of such fees. Administrative, facilityand arbitrator fees for arbitrations in which yourtotal damage claims, exclusive of attorney feesand expert witness fees, exceed $5,000.00(“Large Claim”) shall be determined according toAAA rules. In a Large Claim case, the arbitratormay grant to the prevailing party, or apportionamong the parties, reasonable attorney fees,expert witness fees and costs. Judgment may beentered on the arbitrator’s award in any court ofcompetent jurisdiction.This arbitration provision also applies to claimsagainst SAMSUNG’s employees, representativesand affiliates if any such claim arises from theProduct’s sale, condition or performance.You may opt out of this dispute resolutionprocedure by providing notice to SAMSUNG nolater than 30 calendar days from the date of thefirst consumer purchaser’s purchase of theProduct. To opt out, you must send notice bye-mail to optout@sta.samsung.com, with thesubject line: “Arbitration Opt Out.” You mustinclude in the opt out e-mail (a) your name andaddress; (b) the date on which the Product waspurchased; (c) the Product model name or modelnumber; and (d) the IMEI or MEID or SerialNumber, as applicable, if you have it (the IMEI orMEID or Serial Number can be found (i) on theProduct box; (ii) on the Product informationscreen, which can be found under “Settings;”(iii) on a label on the back of the Product beneaththe battery, if the battery is removable; and (iv) onthe outside of the Product if the battery is notremovable). Alternatively, you may opt out by