GreatCall Jitterbug5 User Manual page 208

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. 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.
The Fine Print 199