User Manual

Procedures for Dispute Resolution/30-day Arbitration and Opt-Out Policy
ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE
SALE, CONDITION OR PERFORMANCE OF THE PRODUCTS 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 A DISPUTE INVOLVING
ANY OTHER PERSON’S OR ENTITY’S PRODUCT OR CLAIM, 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. The AAA Rules
are available online at adr.org or by calling the AAA at 1-800-778-7879. 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 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 Product’s sale, condition or performance.
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 the Product.
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 Product was purchased; (c) the Product 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 Product box; (ii) on the Product information screen, which can be found under
“Settings;” (iii) on a label on the back of the Product beneath the battery, if the battery is removable;
and (iv) on the outside of the Product if the battery is not removable). Alternatively, you may opt out by
calling 1-800-SAMSUNG (726-7864) no later than 30 calendar days from the date of the first consumer
purchaser’s purchase of the Product and providing the same information. These are the only two forms
of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute
resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will
continue to enjoy the benefits of the Limited Warranty.