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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
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