This Product is subject to a binding Dispute Resolution Agreement between you and SAMSUNG ELECTRONICS AMERICA, INC. (“Samsung”). You can opt out of the agreement within 30 calendar days of the first consumer purchase (or use of the application) by emailing optout@sea.samsung.com or calling 1-800-SAMSUNG (726-7864) and providing the applicable information. For complete terms and conditions that bind you and Samsung, refer to the “Dispute Resolution Agreement” section of this document.
For specific provisions or legal information relating to your device, please refer to the printed Terms & Conditions included with your device, or visit www.samsung.com and use the model number to locate the product support page. This information was last updated on February 5th, 2024.
The full Dispute Resolution Agreement, Standard Limited Warranty, End User License Agreement (EULA), and Health & Safety Information are also available on the device, in the Samsung legal section of Settings. The location depends on the device, and is usually in the “About device” “About phone” or “About tablet” section, for example:
At Samsung, nothing matters more to us than the relationships we’ve built with our valued customers. If you have any questions or concerns, we’re always ready to serve you online at Samsung.com/us with round-the-clock chat, and on Facebook and Twitter. You can also reach us by phone at 1-800-SAMSUNG. In the unlikely event that you experience an issue that cannot be resolved through Samsung Support US, Samsung, and its customers agree to the dispute resolution process set forth below. This agreement is designed to help Samsung and its customers personally discuss any concerns and resolve them fairly and efficiently. If, however, a dispute cannot be resolved through the mandatory informal dispute resolution process (which includes a telephone settlement conference if requested), Samsung and its customers agree to address the dispute through binding individual arbitration (unless customers timely opt out) or in small claims court where the customers reside. Class and representative proceedings are not allowed. In arbitration, a neutral decision maker (called an arbitrator) will hear both sides of a dispute and issue a binding decision. An arbitrator applies the same law and can award the same individual remedies as a court. The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone. Samsung is committed to addressing any customer concerns, whatever the issues might be. DISPUTE RESOLUTION AGREEMENT (INCLUDING MANDATORY INFORMAL DISPUTE RESOLUTION AND ARBITRATION TERMS AND LIMITED 30-DAY OPT-OUT OF ARBITRATION) This is a binding legal agreement (“Agreement”) between You and Samsung Electronics America, Inc. and its past, present, and future parents, subsidiaries, affiliates, and related entities (both domestic and foreign), as well as all of their respective officers, agents, employees, representatives, predecessors in interest, successors, and assigns (“Samsung”). Please review the Agreement carefully. It affects Your rights. Electronic acceptance of the Agreement, opening the Product packaging, use of the Product, or continued possession of the Product constitutes acceptance of this Agreement regardless of whether You are the original purchaser, user, or other recipient of the Product. You agree that all users or other recipients of the Product are subject to and agree to be bound by the Agreement. If You are the parent or guardian of a minor user or recipient of the Product, You agree to the Agreement on their behalf. You may elect to opt out of arbitration within thirty (30) days of Your purchase or first activation (including activation of the Product by someone on Your behalf) of the Product, as set forth in Section 7 below. In the event of a conflict between the Agreement and any other applicable terms with Samsung, the Agreement shall govern. EXCEPT AS PROVIDED IN SECTIONS 3 AND 4 BELOW, THIS AGREEMENT REQUIRES THE PARTIES TO RESOLVE DISPUTES THAT CAN NOT BE RESOLVED INFORMALLY ONLY IN SMALL CLAIMS COURT OR THROUGH ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN THROUGH A JURY TRIAL OR CLASS ACTION. DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION THAN IN COURT. “Product” shall be interpreted broadly to include both hardware and software on any Samsung branded device. This includes software, services, and applications that are created or distributed by Samsung (“Samsung Software”) as well as any third-party software, services, and applications that are pre-loaded onto the Samsung-branded device. Except as set forth in Section 4 below, “Dispute” shall be interpreted broadly to cover any claim or controversy arising out of or relating in any way whatsoever to (i) the relationship between You and Samsung; (ii) the advertising, marketing, sale, condition, or performance of the Product; (iii) the Terms and Conditions relating to the Product—including, but not limited to, the End User License Agreement, Standard Limited Warranty, and privacy policies and notices and (iv) claims that are currently the subject of a purported class action in which You are not a member of a certified class. Dispute shall encompass any claim or controversy that arose before the Agreement or after termination. “Party” shall be interpreted to refer to You and Samsung individually, and “Parties” shall refer to You and Samsung collectively.
If You or Samsung intend to initiate an arbitration or small claims court proceeding, You or Samsung must first send a fully completed notice of the Dispute (the “Notice”) to the other Party. The Notice must include (i) the claimant’s name and contact information (email address, mailing/physical address, and telephone number); (ii) a description of the nature and basis of the Dispute; (iii) the specific Product or account at issue; and (iv) the nature, amount, and basis of the relief sought with a detailed calculation of it. The Notice must be personally signed by You (if You are sending the Notice) or by a Samsung representative (if Samsung is sending the Notice) even if You or Samsung are represented by counsel. Your Notice shall be sent by email to disputeresolution@sea.samsung.com. Samsung’s Notice shall be sent to the email or physical address it has on file for You. Once the Notice is received by the other Party, You and Samsung agree to participate and negotiate (personally and, if You and Samsung are represented, with counsel) in good faith about the Dispute for sixty (60) days. This personal participation includes a telephone settlement conference between You and Samsung if it is requested by the Party that receives the Notice. If the Dispute is not resolved within sixty (60) days after receipt of the Notice (or a longer period agreed to by the Parties), You or Samsung may initiate an arbitration or a small claims court proceeding in accordance with the Agreement. Neither Party to this Agreement may initiate an arbitration or a small claims court proceeding unless that Party has fully complied with this Section 1. If either Party violates this Section 1, a court of competent jurisdiction has the authority to enjoin the prosecution of the arbitration or small claims court proceeding, and, unless prohibited by law, the American Arbitration Association (“AAA”), Judicial Arbitration and Mediation Services (“JAMS”), or an alternate arbitration administrator (as set forth below), shall neither accept nor administer such arbitration nor assess Arbitration Fees (as defined below) in connection with such arbitration. A Party may elect to raise, and seek monetary relief in connection with, non-compliance with this Section 1 in arbitration or small claims court. Any relevant limitations period and filing fee or other deadlines will be tolled during the sixty (60) day Mandatory Informal Dispute Resolution Procedure unless that period is extended by agreement of the Parties.
You and Samsung agree to the fullest extent permitted by law that each may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not as a plaintiff or claimant, or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. This means that You and Samsung may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent of a minor, a guardian, or in other similar capacity for an individual who cannot otherwise bring their own individual claim. Nothing in this Section 2 prevents You or Samsung from participating in a class-wide settlement. The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party’s individual claim. Further, unless You and Samsung agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If any prohibition in this Class Action Waiver and Individual Relief provision is found to be unenforceable with respect to a particular claim or request for relief and any appeals have been exhausted (or if the decision is otherwise final), then such claim or request for relief shall proceed in a court of competent jurisdiction, but it shall be stayed pending arbitration of all other claims and requests for relief.
If the Parties are not able to resolve the Dispute through the Mandatory Informal Dispute Resolution Procedure in Section 1, You and Samsung agree that either Party may elect to have the Dispute heard in small claims court in the county or parish in which You reside seeking only individualized relief so long as the Dispute falls within the jurisdictional limits of that court and the matter remains in that court and is not removed or appealed to a court of general jurisdiction.
The arbitration will be administered by the AAA and heard by a single, neutral arbitrator. Except as modified by this Agreement, the AAA will administer the arbitration in accordance with their rules applicable to the nature of the Dispute (the “AAA Rules”). The AAA Rules are available at https://www.adr.org/Rules. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Agreement, the Parties agree that the arbitration will be administered by JAMS and heard by a single, neutral arbitrator. Except as modified by this Agreement, JAMS will administer the arbitration in accordance with the AAA Rules. If JAMS is unavailable or unwilling to administer the arbitration consistent with this Agreement, the Parties shall agree on an alternative provider to administer the arbitration consistent with the AAA Rules (except as modified by this Agreement). If the Parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint a provider that will administer the arbitration consistent with the AAA Rules (except as modified by this Agreement).
A Party seeking to initiate arbitration must provide the other Party with a written Demand for Arbitration as specified in the AAA Rules. The Demand for Arbitration must be personally signed by the Party initiating arbitration (and their counsel if they are represented). By signing the Demand for Arbitration, a Party (and their counsel if they are represented) certifies that they have complied with (i) the Mandatory Informal Dispute Resolution Procedure and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims or the relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.
You and Samsung each have the right to request a telephone preliminary management hearing after the appointment of the arbitrator or other hearing consistent with AAA Rules. If a preliminary management hearing or other hearing is held, You and a Samsung representative agree to personally attend (with counsel, if You and Samsung are represented) if requested by You or Samsung and ordered by the arbitrator. If such a request is made of, and ordered by, the arbitrator and a Party fails to personally attend the preliminary management hearing or other hearing and is represented by counsel, the arbitrator shall have the authority to issue sanctions, including, but not limited to, reimbursement of the fees imposed by the arbitration administrator (including any filing fees, case management fees, hearing fees, and arbitrator compensation) (“Arbitration Fees”) paid by the other Party as of the date of the hearing. If a Party seeks to withdraw a Demand for Arbitration after the appointment of the arbitrator but before a preliminary management hearing or other hearing (and the Dispute has not been settled or otherwise resolved by agreement), and the Party is represented by counsel, the arbitrator shall retain authority to consider any request by the other Party for reimbursement of the Arbitration Fees paid as of the date of the withdrawal.
The arbitrator shall issue a reasoned written award sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall not be given preclusive effect or be binding in any other proceeding involving different consumers. The arbitrator will apply and be bound by this Agreement as a court would and will adjudicate any Dispute according to applicable law and facts based upon the record and no other basis. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
Any arbitration hearing will be conducted in the county or parish where You reside or at another location that is reasonably convenient to You.
If more than fifty (50) claimants (including You) assert similar claims against Samsung through the same or coordinated counsel or are otherwise coordinated (“Mass Arbitrations”), You understand and agree that the additional procedures in this Section 5 apply and that the resolution of Your Dispute might be delayed.
Stage One. Counsel for the claimants and counsel for Samsung shall each select twenty-five (25) claims (per side) to be filed first and to proceed in individual arbitration proceedings as part of a staged process. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. After this initial set of staged proceedings is completed, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and Samsung shall pay the mediation fee.
Stage Two. If the remaining claims are not resolved at this time, counsel for the claimants and counsel for Samsung shall each select fifty (50) claims to be filed (per side) and to proceed in individual arbitration proceedings as part of a second staged process. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. After this second set of staged proceedings is completed, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and Samsung shall pay the mediation fee.
Stage Three. If the remaining claims are not resolved, the Parties shall meet and confer to discuss potential ways to streamline the proceedings, increase efficiencies, and conserve costs. Unless the Parties agree otherwise, counsel for the claimants and counsel for Samsung shall each select seventy-five (75) claims (per side) to be filed and to proceed in individual arbitration proceedings as part of a third staged process. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. After this third set of staged proceedings, the Parties shall engage in a global mediation of all remaining claims with a retired federal or state court judge, and Samsung shall pay the mediation fee.
In connection with each stage set forth above (i) each of the claims within that stage shall be assigned to a different, single arbitrator and (ii) each arbitrator shall aim to issue their award within one hundred twenty (120) days after their appointment.
If Your claim is not resolved after the three sets of staged proceedings and related mediations, either:
(i) You and Samsung may, separately or by agreement, opt out of arbitration and elect to have Your claim heard in a court of competent jurisdiction consistent with this Agreement. You may opt out of arbitration by providing Your individual written notice of Your intention to opt out to the arbitration administrator and to Samsung at disputeresolution@sea.samsung.com within thirty (30) days after the conclusion of the third mediation. Your written notice must be personally signed by You. Samsung may opt Your claim out of arbitration by sending written notice of its intention to opt out to the AAA (or, if the AAA is not administering the arbitration, then to the alternative provider that is administering the arbitration) and to Your counsel within fourteen (14) days following the expiration of Your thirty (30) day opt-out period. Samsung’s written notice must be personally signed by a Samsung representative. Counsel for the Parties may agree to adjust these deadlines.
(ii) If neither You nor Samsung elects to have Your claim heard in court consistent with (i), then You agree that Your claim will be resolved through additional staged proceedings as set forth below. Assuming the number of claims exceeds two hundred (200) claims, then two hundred (200) claims shall be randomly selected (or selected through a process agreed to by counsel for the Parties) to proceed in individual arbitration proceedings as part of a staged process. If the number of claims is fewer than two hundred (200), all of those claims shall proceed in individual arbitration proceedings. Each of these two hundred (200) claims (or fewer if the total number of claims is less than 200) shall be assigned to a different, single arbitrator. Each arbitrator shall aim to issue their award within one hundred twenty (120) days after appointment. The remaining claims shall not be filed or deemed filed in arbitration, nor shall any Arbitration Fees be assessed in connection with those claims, unless and until they are selected to be filed as individual arbitration proceedings as part of a staged process. After each set of two hundred (200) claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the Parties are encouraged to meet and confer, participate in mediation, and engage with each other and the arbitration administrator to explore ways to streamline the adjudication of claims, promote efficiencies, conserve resources, and resolve the remaining claims.
Unless the Parties agree otherwise, an arbitrator may not be appointed to cases in consecutive sets of staged proceedings. An arbitrator may be appointed to cases in non-consecutive sets of staged proceedings. You and Samsung agree that the Parties have a mutual interest in reducing the costs and increasing the efficiency of arbitration, and as such, either Party may negotiate with the arbitration administrator for reduced Arbitration Fees and for streamlined or other procedures designed to reduce costs and increase the efficiency of arbitration.
Any relevant limitations period and filing fee or other deadlines shall be tolled for claims subject to these additional procedures that apply to Mass Arbitrations from the time that the first cases are selected for a staged process until the time Your claim is selected for a staged process, withdrawn, otherwise resolved, or opted out of arbitration.
You and Samsung agree to engage in the process in good faith. A court of competent jurisdiction shall have the authority to enforce this Mass Arbitration provision and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of Arbitration Fees.
All Arbitration Fees shall be determined by the AAA Rules as modified by this Agreement. If Your Dispute is for less than $5,000 and is not part of a Mass Arbitration as set forth in Section 5 above, then Samsung shall reimburse Your portion of the Arbitration Fees unless an arbitrator determines that Your Dispute was frivolous, brought for harassment, or an illegitimate or improper purpose, brought in bad faith, or brought without material compliance with the requirements set forth in this Agreement.
You may opt out of arbitration by providing written notice to Samsung personally signed by You no later than thirty (30) calendar days from the date of Your purchase or the first activation (including activation of the Product by someone on Your behalf) of the Product. To opt out, You must send notice by email to optout@sea.samsung.com, with the subject line: “Arbitration Opt Out.” You must include in the opt-out: (i) Your name and address; (ii) the date on which the Product was purchased (or if You did not purchase the Product, then the date that You first began using the Product or that You received the Product); (iii) the Product model name or model number; and (iv) the IMEI or MEID or Serial Number, as applicable, if You have it (the IMEI or MEID or Serial Number can be found (a) on the Product box; (b) on the Product information screen, which can be found under “Settings”; (c) on the label on the back of the Product beneath the battery if the battery is removable; and (d) on the outside of the Product if the battery is not removable).
Opting out of arbitration will not affect in any way the benefits to which You would otherwise be entitled, including the benefits of the Standard Limited Warranty.
Samsung reserves the right to change this Agreement and shall provide notice of material changes in a form chosen at Samsung’s discretion. You agree that such notice is sufficient. If Samsung changes this Agreement after the date You first accepted it (or accepted any subsequent changes to the Agreement), You agree that Your continued use of the Product, services, application, or software after notice of such changes will be deemed acceptance of those changes. If You do not agree to such changes, You may reject any such changes within thirty (30) days of the date such changes became effective by sending written notice personally signed by You by email to optout@sea.samsung.com, with the subject line: “Dispute Resolution Change Opt Out.” You must include in the opt-out email: (i) Your name and address; and (ii) Your intent to reject changes to this Agreement. By rejecting changes, You are agreeing that You will resolve any Dispute between You and Samsung in accordance with the provisions of this Agreement as of the date You first accepted this Agreement (or accepted any subsequent changes to this Agreement, as applicable).
Except as otherwise provided in this Agreement, if any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, modified or replaced by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein.
You and Samsung agree that this Agreement evidences a transaction in interstate commerce and therefore the Federal Arbitration Act (9 U.S.C. § 1, et seq.) applies. You and Samsung agree that to the fullest extent permitted by law, the state and federal courts of New York County, New York shall have exclusive jurisdiction over any claims (except for claims heard in small claims court) that are not subject to arbitration or over any action that seeks to enforce or challenge the enforceability of the Agreement or any of its provisions. You and Samsung consent to the jurisdiction of those courts and waive any objection as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court. To the fullest extent permitted by law, You and Samsung agree to waive the right to a jury trial.
This Agreement shall survive termination of the Terms and Conditions of the Product, Your relationship with Samsung, and Your use of the Product.