User's Manual

135
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 Electronics Co. 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 Electronics Co. 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 Electronics Co.'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 Electronics Co. no later than 30 calendar days
from the date of the first consumer purchaser's purchase of this
device. To opt out, you must send notice by e-mail to
[e-mail], with the subject line: "Arbitration Opt
Out." You must include in the opt out e-mail (a) your name and
address; (b) the date on which the device was purchased; (c) the
device model name or model number; and (d) the IMEI or MEID or
Serial Number, as applicable, if you have it (the IMEI or MEID or
Serial Number can be found (i) on the device box; (ii) on the device