User's Manual

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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 Limited Warranty 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 Limited Warranty.
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