Samsung On5 Pre-paid Documentación legal
11
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.
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 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.
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.
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@sea.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 1-800-SAMSUNG (726-7864) 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
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@sea.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 1-800-SAMSUNG (726-7864) 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