17
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@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
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