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GreatCall Jitterbug Touch 3 Manual

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148 Health & Safety
Health & Safety
(b) United States residents. ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM THIS EULA OR YOUR USE OF THE SOFT-
WARE 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 specically, without
limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be con-
ducted 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 applica-
ble 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 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 afliates 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 rst consumer purchaser’s purchase of this device. 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 device was purchased; (c) the device 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 device box; (ii) on the device information screen, which can be found under “Settings;” (iii) on a label on
the back of the device beneath the battery, if the battery is removable; and (iv) on the outside of the device 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 rst
… 158 …


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