Warranty Information 175
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 by the Purchaser 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 purchase of the Product and providing the same
information. These are the only two forms of notice that will be
effective to opt out of this dispute resolution procedure. Opting out
of this dispute resolution procedure will not affect the coverage of
the Limited Warranty in any way, and you will continue to enjoy the
benefits of the Limited Warranty.