User's Manual

182
where you are a resident. Notwithstanding the foregoing,
Samsung may apply for injunctive remedies (or an equivalent
type of urgent legal relief) in any jurisdiction.
(b) United States residents. ALL DISPUTES WITH SAMSUNG
ARISING IN ANY WAY FROM THIS EULA OR YOUR USE OF THE
SOFTWARE SHALL BE RESOLVED EXCLUSIVELY THROUGH
FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR
JURY. Any such dispute shall not be combined or
consolidated with any other person’s or entity’s claim or
dispute, and specifically, without limitation of the foregoing,
shall not under any circumstances proceed as 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 ("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,
DRAFT For Internal Use Only