Samsung Jitterbug Touch3 User Manual page 176

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 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 (the IMEI or MEID or Serial Number can be found (i) on the Product box;
162 Health & Safety