Health and Safety Guide

82
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.