Samsung Galaxy exhibit 4G User Manual page 221

Portable quad-band mobile phone
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DAMAGES, SO THE ABOVE LIMITATIONS AND
DISCLAIMERS MAY NOT APPLY TO YOU.
SAMSUNG MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, AS TO THE QUALITY,
CAPABILITIES, OPERATIONS, PERFORMANCE OR
SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR
EQUIPMENT USED IN CONJUNCTION WITH THE
PRODUCT, OR THE ABILITY TO INTEGRATE ANY
SUCH SOFTWARE OR EQUIPMENT WITH THE
PRODUCT, WHETHER SUCH THIRD-PARTY
SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE
PRODUCT DISTRIBUTED BY SAMSUNG OR
OTHERWISE. RESPONSIBILITY FOR THE QUALITY,
CAPABILITIES, 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. 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
Warranty Information
217

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