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16
Procedures for Dispute Resolution/30-day
Arbitration and Opt-Out Policy
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. The AAA Rules are available online at adr.org
or
by calling the AAA at 1-800-778-7879. 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
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