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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; (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
