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The Fine Print
232 The Fine Print
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 EULA 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 EULA. 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”)
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