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GreatCall Jitterbug Touch 3 Manual

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141 Health & Safety
Health & Safety
OTHERWISE. RESPONSIBILITY FOR THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY SUCH
THIRD-PARTY SOFTWARE OR EQUIPMENT RESTS SOLELY WITH THE USER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF
SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT.
Nothing in the Product instructions or information shall be construed to create an express warranty of any kind with respect to
the Products. No agent, employee, dealer, representative or reseller is authorized to modify or extend this Limited Warranty or
to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of SAMSUNG regard-
ing the Products or this Limited Warranty.
This Limited Warranty gives you specic legal rights, and you may also have other rights that vary from state to state.
What is the procedure for resolving disputes?
ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION OR PERFOR-
MANCE OF THE PRODUCTS 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 a dispute involving any other person’s or entity’s Product or
claim, and specically, without limitation of the foregoing, shall not under any circumstances 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 to consumer disputes. This arbitration provision is entered pursuant to the Federal
Arbitration Act. The laws of the State of Texas, without reference to its choice of laws principles, 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.
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 administra-
tive, 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
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