Samsung SM-T520N Bedienungsanleitung PDF herunterladen (Seite 187)

where you are a resident. Notwithstanding the foregoing,

Samsung may apply for injunctive remedies (or an equivalent

type of urgent legal relief) in any jurisdiction.

(b) United States residents. ALL DISPUTES WITH SAMSUNG

ARISING

IN ANY W

AY FROM TH

IS EULA OR YOUR USE OF THE

SOFTWARE 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 any other

person’s or entity’s claim or

dispute, and specifically, without limitation of the foregoing,

shall not under

any cir

cumstances 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

consumer disputes. This arbitration provision is entered

pursuant to the Federal Arbitration A

ct. The laws

the State

of Texas, without reference to its choice of laws principles,

shall govern the interpretation of the EULA 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 EULA. 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 licensing or use of the Software. 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 this device. To opt out,

Warranty Information 183

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