Samsung Galaxy Rush User Manual

Also see for Galaxy Rush: Online user's guide Guía del usuario

Contents

197 2C. Settingsas part of a class action. The arbitration shall beconducted before a single arbitrator, whose awardmay not exceed, in form or amount, the relief allowedby the applicable law. The arbitration shall beconducted according to the American ArbitrationAssociation (AAA) Commercial Arbitration Rulesapplicable to consumer disputes. This arbitrationprovision is entered pursuant to the Federal ArbitrationAct. The laws of the State of Texas, without referenceto its choice of laws principles, shall govern theinterpretation of the EULA and all disputes that aresubject to this arbitration provision. The arbitrator shalldecide all issues of interpretation and application ofthis arbitration provision and the EULA. For anyarbitration 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, ifyou prevail, award your reasonable attorney fees,expert witness fees and costs as part of any award,but may not grant Samsung its attorney fees, expertwitness fees or costs unless it is determined that theclaim was brought in bad faith. In a Small Claim case,you shall be required to pay no more than half of thetotal administrative, facility and arbitrator fees, or$50.00 of such fees, whichever is less, and Samsungshall pay the remainder of such fees. Administrative,facility and arbitrator fees for arbitrations in which yourtotal damage claims, exclusive of attorney fees andexpert witness fees, exceed $5,000.00 ("Large Claim")shall be determined according to AAA rules. In aLarge Claim case, the arbitrator may grant to theprevailing party, or apportion among the parties,reasonable attorney fees, expert witness fees andcosts. Judgment may be entered on the arbitrator'saward in any court of competent jurisdiction. Thisarbitration provision also applies to claims againstSamsung’s employees, representatives and affiliates ifany such claim arises from the licensing or use of theSoftware. You may opt out of this dispute resolutionprocedure by providing notice to Samsung no laterthan 30 calendar days from the date of the firstconsumer purchaser’s purchase of this device. To optout, you must send notice by e-mail tooptout@sta.samsung.com, with the subject line:"Arbitration Opt Out." You must include in the opt oute-mail (a) your name and address; (b) the date on