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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
affiliates if any such claim arises from the Product's
sale, condition or performance.
You may opt out of this dispute resolution procedure
by providing notice to SAMSUNG no later than 30
calendar days from the date of the first consumer
purchaser's purchase of the Product. 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 Product was purchased; (c) the Product
model name or model number; and (d) the IMEI or
MEID or Serial Number, as applicable, if you have it
218
(the IMEI or MEID or Serial Number can be found (i) on
the Product box; (ii) on the Product information
screen, which can be found under "Settings;" (iii) on
a label on the back of the Product beneath the battery,
if the battery is removable; and (iv) on the outside of
the Product 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 Product 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
procedure will not affect the coverage of the Limited
Warranty in any way, and you will continue to enjoy
the benefits of the Limited Warranty.
Severability
If any portion of this Limited Warranty is held to be
illegal or unenforceable, such partial illegality or
unenforceability shall not affect the enforceability of
the remainder of the Limited Warranty.
Precautions for Transfer and Disposal
If data stored on this device is deleted or
reformatted using the standard methods, the data
only appears to be removed on a superficial level,
and it may be possible for someone to retrieve and
reuse the data by means of special software.
To avoid unintended information leaks and other
problems of this sort, it is recommended that the
device be returned to Samsung's Customer Care
Center for an Extended File System (EFS) Clear
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