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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 optout@sta.samsung.com, 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
information screen, which can be found under
"Settings;" (iii) on a label on the back of the
device beneath the battery, if the battery is
removable; and (iv) on the outside of the
device if the battery is not removable).
Alternatively, you may opt out by calling
1-888-987-4357 no later than 30 calendar
days from the date of the first consumer
purchaser's purchase of the device 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
Warranty Information
145
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