Samsung M575 User Manual page 101

Portable mobile phone
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OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY
SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT RESTS
SOLELY WITH THE USER AND THE DIRECT VENDOR, OWNER
OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR
EQUIPMENT.
Nothing in the Product instructions or information shall be
construed to create an express warranty of any kind with
respect to the Products. No agent, employee, dealer,
representative or reseller is authorized to modify or extend
this Limited Warranty or to make binding representations or
claims, whether in advertising, presentations or otherwise,
on behalf of SAMSUNG regarding the Products or this
Limited Warranty.
This Limited Warranty gives you specific legal rights, and
you may also have other rights that vary from state to state.
What is the procedure for resolving disputes?
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.
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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

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