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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 licensing or use of the Software. 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 this device. To opt out, you must send
notice by e-mail to [email protected]sung.com, with the subject line:
"Arbitration Opt Out." Y
ou must include in the opt out e-mail (a) your
name and address; (b) the
date on
which the device was purchased;
(c) the device 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 device box; (ii) on the device
information screen, which can be found under "Settings;" (iii) on a
193
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