Warranty Information for UN40M5300AFXZA - Parts : 12 months, Labor : 12 months
LED TV - 5 SeriesLIMITED WARRANTY TO ORIGINAL PURCHASER
SAMSUNG brand product, as supplied and distributed by SAMSUNG and delivered
new, in the original carton to the original consumer purchaser, is warranted
by SAMSUNG against manufacturing defects in materials and workmanship for period
commercial use, the warranty is 90 Days Parts and Labor.
limited warranty begins on the original date of purchase, and is valid only
on products purchased and used in the United States. To receive warranty service,
the purchaser must contact SAMSUNG for problem determination and service procedures.
service can only be performed by a SAMSUNG authorized service center. The original
dated bill of sale must be presented upon request as proof of purchase to SAMSUNG
or SAMSUNG's authorized service center.
will repair or replace this product, at our option and at no charge as stipulated
herein, with new or reconditioned parts or products if found to be defective
during the limited warranty period specified above. All replaced parts and products
become the property of SAMSUNG and must be returned to SAMSUNG. Replacement
parts and products assume the remaining original warranty, or ninety days,
whichever is longer.
products are eligible for In-home service at Samsung's discretion. To receive
in-home service, the product must be unobstructed and accessible to service
personnel. If during in-home service, repair cannot not be completed, it may
be necessary to remove, repair and return the product. If in-home service is
unavailable, SAMSUNG may elect, at our option, to provide for transportation
of our choice to and from a SAMSUNG authorized service center. Otherwise, transportation
to and from the SAMSUNG authorized service center is the responsibility of the
limited warranty covers manufacturing defects in materials and workmanship encountered
in normal, and except to the extent otherwise expressly provided for in this
statement, noncommercial use of this product, and shall not apply to the following,
including, but not limited to: damage which occurs in shipment; delivery and
installation; applications and uses for which this product was not intended;
altered product or serial numbers; cosmetic damage or exterior finishes; accidents,
abuse, neglect, fire, water, lightning or other acts of nature; use of products,
equipment, systems, utilities, services, parts, supplies, accessories, applications,
installations, repairs, external wiring or connectors not supplied or authorized
by SAMSUNG which damage this product or result in service problems; incorrect
electrical line voltage, fluctuations and surges; customer adjustments and failure
to follow operating instructions, cleaning, maintenance and environmental instructions
that are covered and prescribed in the instruction book; reception problems
and distortion related to noise, echo, interference or other signal transmission
and delivery problems; brightness related to normal aging, or burned-in images.
SAMSUNG does not warrant uninterrupted or error-free operation of the product.
ARE NO EXPRESS WARRANTIES OTHER THAN THOSE LISTED AND DESCRIBED ABOVE, AND NO
WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY
AFTER THE EXPRESS WARRANTY PERIODS STATED ABOVE, AND NO OTHER EXPRESS WARRANTY
OR GUARANTY GIVEN BY ANY PERSON, FIRM OR CORPORATION WITH RESPECT TO THIS PRODUCT
SHALL BE BINDING ON SAMSUNG. SAMSUNG SHALL NOT BE LIABLE FOR LOSS OF REVENUE
OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, OR ANY OTHER SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE, MISUSE OR INABILITY TO
USE THIS PRODUCT, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED,
AND EVEN IF SAMSUNG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR
SHALL RECOVERY OF ANY KIND AGAINST SAMSUNG BE GREATER IN AMOUNT THAN THE PURCHASE
PRICE OF THE PRODUCT SOLD BY SAMSUNG AND CAUSING THE ALLEGED DAMAGE. WITHOUT
LIMITING THE FOREGOING, PURCHASER ASSUMES ALL RISK AND LIABILITY FOR LOSS, DAMAGE
OR INJURY TO PURCHASER AND PURCHASER'S PROPERTY AND TO OTHERS AND THEIR PROPERTY
ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THIS PRODUCT SOLD BY SAMSUNG
NOT CAUSED DIRECTLY BY THE NEGLIGENCE OF SAMSUNG. THIS LIMITED WARRANTY SHALL
NOT EXTEND TO ANYONE OTHER THAN THE ORIGINAL PURCHASER OF THIS PRODUCT, IS NONTRANSFERABLE
AND STATES YOUR EXCLUSIVE REMEDY.
states do not allow limitations on how long an implied warranty lasts, or the
exclusion or limitation of incidental or consequential damages, so the above
limitations or exclusions may not apply to you. This warranty gives you specific
legal rights, and you may also have other rights which vary from state to state.
Smart Hub: Terms and Conditions
Agreement between Samsung and the User
In this document:
"We", "us", or "Samsung" means Samsung Electronics
Co., Ltd, whose principal place of business is at 416, Maetan-3dong, Yeongtong-gu,
Suwon-si, Gyeonggi-do, Korea; and
"Services" means Samsung's productions, application, software, information
offering services, services, websites and other related services provided by
us or any third party designated by us on or through the Samsung Smart TV, excluding
any services provided under a separate written agreement; and
"User" or "you" means a user of Samsung's Services.
Your use of the Services is subject to Section 5.1 and the other terms and conditions
set out below and any other terms and policies made applicable to the User,
for certain Services (all such terms and conditions collectively constituting
this "Agreement"). If use of any Service or a portion thereof
requires the User to have a Samsung Account, the Samsung Account Terms and Conditions
will apply to the User's registration for and use of the Samsung Account. In
case of a conflict between the terms of this Agreement and the Samsung Account
Terms and Conditions, this Agreement will govern with respect to your use of
the Services, and the Samsung Account Terms and Conditions will govern with
respect to your use of the Samsung Account in connection with the Services.
Acceptance of Agreement
You must accept the terms of this Agreement in order to use the Services, and
may not use the Services otherwise. By using our Services, you are agreeing
to the terms of this Agreement and this Agreement becomes legally binding between
you and Samsung in relation to the Services and your use of the Services.
If you are a parent or guardian permitting a person under the legal age of majority
("Minor") to use the Services, you agree to: (i) supervise the Minor's
use of the Services; (ii) assume all risks associated with the Minor's use of
the Services, including the receipt and transmission of information and materials
via the Services and the transactions made for Digital Goods and Third Party
Services; (iii) assume any liability resulting from the Minor's use of the Services;
and (iv) be bound by this Agreement for the Minor's access and use of the Services.
Translation of this Agreement
acknowledges and agrees that any translation of this Agreement in a language
other than English is provided for the User's convenience only. The English
language version of this Agreement governs in the event of any contradiction
between a translation and the English language version of this Agreement.
The Services are provided to you by Samsung and in some cases, by Samsung's
Affiliates (as defined in Clause 14.5) on behalf of Samsung. You agree that
Samsung's Affiliates are each entitled to provide the Services to you under
You acknowledge and agree that there may be non-material changes to the form
and nature of the Services provided from time to time without prior notice to
you. Samsung will use commercially reasonable efforts to notify you of material
changes to the Services.
You acknowledge and agree that Samsung may, in its sole discretion, suspend
or cease providing the Services (or any part of the Services) to a specific
User or all Users upon prior notice.
Digital Goods, Third Party Services
The Services may include digital goods, including but not limited to movies,
applications, and games provided by Samsung or third parties through the Smart
TV ("Digital Goods", and where provided by a third party and not Samsung,
"Third Party Goods") or may link to other websites, content, resources
and services provided by a third party and not Samsung ("Third Party Services").
Your access to and use of Third Party Goods and Third Party Services shall
be governed by an agreement between you and the provider of Third Party Goods
or Third Party Services, and shall not be governed by the terms of this Agreement
or any other agreement between you and us.
You purchase and use Third Party Goods and Third Party Services at your own
risk. User acknowledges and agrees that Samsung is not responsible for,
and will not be liable for, any Third Party Goods or Third Party Services or
the User's purchase, use, or reliance thereupon, including the availability,
suitability, reliability, or performance thereof, and Samsung does not endorse
any Third Party Goods or Third Party Services or any advertising, products or
other materials on or available via Third Party Goods or Third Party Services.
SAMSUNG MAKES NO REPRESENTATION AND PROVIDES NO WARRANTY WHATSOEVER, WHETHER
EXPRESS OR IMPLIED, CONCERNING ANY THIRD PARTY GOOD OR ANY THIRD PARTY SERVICE,
AND SAMSUNG SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
Using the Services
The Services are provided only for your personal, noncommercial use. Subject
to the terms and conditions of this Agreement, Samsung hereby grants you, and
you accept, a limited, personal, nonexclusive, nontransferable and revocable
right to use the Service only as authorized in this Agreement and in any applicable
separate terms from Samsung. Access to the Services is licensed, not sold.
All references to the Services include all related graphics, user interfaces,
scripts and software used to implement and provide access to the Services, and
any updates, upgrades, enhancements, modifications, revisions or additions to
the Services made available by Samsung. However, Samsung is under no obligation
to provide any updates, upgrades, enhancements, modifications, revisions or
additions to the Services.
You must not access or attempt to access any of the Services other than through
the interface for the Services made available by Samsung. Without limiting
the foregoing, you must not access or attempt to access any of the Services
through any automated means, including scripts or web crawlers.
You agree to comply with all instructions made available to you in connection
with the Services.
Certain Services may automatically download and install updates from time to
time from Samsung. Such updates may be in various forms, including bug fixes,
enhanced or new functions or features, new software modules and completely new
versions. You agree to receive such updates (and permits Samsung to deliver
such updates to you) as part of the Services.
You must not engage in any activity that may cause interference with or disruption
to the Services or any servers or networks that are connected to the Services.
You must not reproduce, reverse-engineer, duplicate, copy, re-transmit, distribute,
sell, trade or resell all or any portion of the Services, any code forming a
part of the Services, and all or any portion of any Third Party Goods or Third
A Service may have supplemental service terms and require additional consent
from you before such Service or a feature or functionality of such Service is
made available to you. By providing the additional consent, you shall
be bound by the applicable supplemental terms in addition to this Agreement.
To the extent of any actual conflict between the supplemental terms and
this Agreement, the supplemental terms shall govern but only as specifically
related to the Service to which the supplemental terms are applicable.
Payment, Samsung Checkout on TV
Samsung may make available to Users various electronic payment methods, such
as credit card, or PayPal, to facilitate the purchase of the Digital Goods with
the "Samsung Checkout on TV" service. Samsung may or may not
be the seller of the Digital Goods you purchase. When you purchase Digital
Goods with Samsung Checkout on TV, you agree to abide by all applicable terms
and conditions governing such electronic transaction whether such terms are
included in an agreement with Samsung, the provider of Third Party Goods or
Third Party Services, any provider of the means to conduct an electronic payment
transaction, and your credit card company and your financial institution. Samsung
reserves the right to add or remove payment methods at its sole discretion and
possibly without notice to you.
When you make a purchase with Samsung Checkout on TV, your total price will
include applicable sales tax. Except as stated in Section 6.5, all sales are
To utilize Samsung Checkout on TV, you will need to have a Samsung Account.
If you don't have one already, you can sign up at account.samsung.com
or on Smart TV. Use of the Samsung Account will be subject to the Samsung Account
Terms and Conditions, available at https://account.samsung.com/membership/terms.
You are responsible for providing accurate payment information and the
full payment of your Digital Goods purchases. By using Samsung Checkout
on TV, you authorize Samsung to charge your credit card or another selected
payment account for your purchases. If you want to change your payment information,
you may do so any time at the "Purchase Information" section within
Samsung Smart Hub. There may be a temporary disruption of your access to the
Samsung Checkout on TV service until the validity of the new payment information
is verified. Samsung does not store your actual credit card information or payment
account log-in information.
Please note that the prices and currency charged for Digital Goods may vary
depending on your location. Prices for Digital Goods may change at any time,
and Samsung Checkout on TV does not provide price protection or refunds in the
event of a price reduction or promotional offering.
Except for In-App Purchases (as defined below), you may receive a refund of
a purchased application for which you have paid through Samsung Checkout on
TV (a "Paid App") for any reason within two hours of completing
the purchase, provided that you have not accessed, watched, streamed, played,
viewed, or otherwise used the Paid App. To request a refund, please submit the
refund request through the "Purchase History" section of the Samsung
Smart Hub. Samsung will initiate the refund process upon (i) receipt of
the request and (ii) confirmation that the Paid App has not been accessed or
used, and will remove or delete the Paid App for which the refund is sought.
After expiration of the two -hour refund request window, you
must submit any refund request directly to the seller of Paid App. The seller
has sole discretion over whether to honor the request, and you agree that Samsung
has no responsibility or liability for the seller's decision or its refund process
or policy. If you are unable to identify the seller, please contact us at email@example.com.
Each request for a refund of a purchase made via Samsung Checkout on TV within
an application (an "In-App Purchase") must be submitted directly to
the seller in accordance with its policies, not to Samsung. Seller has
sole discretion over whether to honor the refund request, and you agree that
Samsung has no responsibility or liability for the Seller's decision or its
refund process or policy.
As distinct from subsections 6.5(a) and (b), if you are unable to download or
receive a Paid App because of a technical problem, or if the Paid App is materially
defective, please contact us at firstname.lastname@example.org. In such circumstances
Samsung may, in its sole discretion, replace, make available for re-download,
or refund the Paid App. For In-app Purchase, please contact the seller directly
for any technical problems or defects relating to In-App Purchases. Samsung
has no responsibility or liability for technical problems or defects relating
to In-App Purchases. For avoidance of any doubt, Samsung will not refund you
for any In-App Purchase.
Samsung is not responsible for any content you may access as part of or via
your use of the Services (including audio and sound files, data files, images,
graphics, animation, music, photographs, software, videos and written text)
that were created by or are owned by a third party ("Third Party Content"),
including advertisements, messages, or other sponsored content. Any responsibility
or liability for any Third Party Content shall remain solely with the creator,
owner, or licensee of such Third Party Content and not with Samsung whatsoever.
You acknowledge and agree that Third Party Content is protected by the proprietary
and intellectual property rights of the creator, owner and licensee of such
Third Party Content. You must not modify, reverse-engineer, copy, rent, lease,
loan, sell, resell, re-transmit, distribute, trade, publicly display or create
derivative works of any Third Party Content, either in whole or in part, without
obtaining a license from such creator, owner or licensee.
Samsung, at its sole discretion, may, but is not obligated to, pre-screen, review,
flag, filter, modify, refuse, suspend, or remove any Third Party Content that
are provided to you as part of or via the Services, without giving prior notice
You acknowledge and agree that, by using the Services, you may be exposed to
Third Party Content that you may find offensive, indecent or objectionable and
that, in that respect, you agree to use the Services at your own risk. You agree
to assume such risk on behalf of any Minor for whom you are the Minor's parent
or legal guardian using the Services, and you agree to shield and not expose
such Services from or to any Minor using the Services who is not your child
or for whom you are not such Minor's legal guardian.
Samsung's Proprietary Rights
You acknowledge and agree that Samsung (or Samsung's licensors) owns all legal
right, title and interest in and to the Services, including all intellectual
property rights (existing anywhere in the world and whether registered or not)
which subsist in the Services.
You must not remove, obscure, or alter any proprietary rights (including copyright
and trade mark notices) which are affixed to or contained within the Services.
Services or a part thereof may display advertisements and promotions and may
be supported by advertising revenue. Such advertisements and promotions may
be targeted to you based on information you may make available through the Services
and through queries made by third parties in connection with your use of the
Changes to this Agreement; Notice of Changes
may make changes to the terms of this Agreement from time to time. When material
changes are made, Samsung will provide Users with reasonable advance notice
before such changes become effective. If the User wants to accept the revised
Agreement, the User shall reset the Smart Hub, then go through the set-up process
Termination of this Agreement
The Agreement will remain in force until terminated by either the User or Samsung
in accordance with the terms of this Agreement.
The User may terminate this Agreement at any time by resetting the Smart HUB.
Samsung may terminate this Agreement (a) immediately if the User has breached
any provision of this Agreement; (b) immediately if Samsung is required to do
so by law or regulation (for example, where the provision of the Services to
the User is, or becomes, unlawful); or (c) upon thirty days' notice, if
Samsung determines in its sole discretion to terminate or discontinue providing
the Services in the territory in which the User is resident or from which the
User uses the Services. Nothing in this Clause 11.3 affects Samsung's rights
in relation to the provision of Services under Clause 4.
THE SERVICES ARE PROVIDED "AS IS", "WHERE IS" AND "AS
AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG, ITS AFFILIATES
AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY
KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, AND SPECIFICALLY
DISCLAIM ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG, ITS AFFILIATES AND ITS LICENSORS
DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICES WILL (a) OPERATE IN
AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER, (b) WILL ALWAYS BE AVAILABLE
OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS (c) WILL BE SECURE OR IMMUNE (INCLUDING
THE CONTENT DELIVERED TO YOU AND THE INFORMATION YOU PROVIDE) FROM UNAUTHORIZED
ACCESS, (d) WILL BE ACCURATE, COMPLETE, OR RELIABLE, (e) THAT THE QUALITY OF
THE SERVICES WILL BE SATISFACTORY TO YOU, OR (f) THAT ERRORS OR DEFECTS WILL
THE USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICES IS DONE AT THE USER'S OWN DISCRETION AND RISK
AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY CONSEQUENCE(S) THAT RESULTS,
INCLUDING ANY DAMAGE OR HARM CAUSED BY ANY VIRUS, SPYWARE, WORM OR MALWARE.
NO ADVICE OR INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY THE USER FROM
SAMSUNG ON OR VIA THE SERVICES WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY
STATED IN THE AGREEMENT.
Limitation of Liability
THE EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG SHALL NOT BE LIABLE TO THE USER,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY THEORY OF LIABILITY,
AND WHETHER OR NOT THAT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED
TO SAMSUNG, FOR (a) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES; (b) ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY,
GOODWILL, OR REPUTATION (WHETHER DIRECT OR INDIRECT); (c) ANY DAMAGE TO OR CORRUPTION
OF DATA (WHETHER DIRECT OR INDIRECT); OR (d) ANY LOSS OR DAMAGE AS A RESULT
OF: (i) USE THE USER MAY MAKE OF THE SERVICES, (ii) ANY RELIANCE PLACED BY THE
USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, (iii) ANY
RELATIONSHIP OR TRANSACTION BETWEEN THE USER AND A THIRD PARTY PROVIDER OF ANY
SERVICE, PRODUCT, OR CONTENT, INCLUDING ADVERTISERS AND SPONSORS WHOSE ADVERTISING
IS MADE AVAILABLE ON OR VIA THE SERVICES; AND (iv) ANY CHANGES TO THE SERVICES,
OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES OR
ANY PORTION THEREOF.
The User shall rely upon only the written terms set out in the terms of this
Agreement and not any representations made elsewhere, including in advertising
or directly to the User by any of our employees. This Agreement integrates
and supersedes any and all prior oral or written agreements relating to the
subject matter hereof. This Agreement may not be modified or amended, in whole
or in part, except as set forth in Section 10.
Whenever the words "include", "includes" or "including"
are used in this Agreement, they shall be deemed to be followed by the words
"without limitation", whether or not they are in fact followed by
those words or words of like import.
The User agrees that if Samsung does not exercise or enforce any legal right
or remedy which is set out in this Agreement, or which Samsung has the benefit
of under any applicable law, such will not be construed as a waiver of Samsung's
rights or remedies, and that such rights or remedies remain available to Samsung.
If any provision of this Agreement is held to be invalid by any judicial or
administrative authority, then that provision will be removed from this Agreement
without affecting the remaining provisions of this Agreement, which will continue
to be valid and enforceable.
The User acknowledges and agrees that each Samsung Affiliate shall be a third
party beneficiary to this Agreement and shall be entitled to directly enforce,
and rely upon, any provision of this Agreement which confers a benefit on (or
rights in favor of) them. Subject to the foregoing, no other person shall be
a third party beneficiary to this Agreement. For the purposes of this Agreement,
an Affiliate of Samsung is any company, corporation, firm, partnership or other
entity that controls Samsung, is controlled by Samsung or is under common control
with Samsung; the term "controls" and "controlled" meaning
the ability to direct the management of the relevant entity.
The User may not transfer or assign this Agreement or any of the User's rights
or obligations arising hereunder. Any transfer in violation of this Agreement
shall be void.
Samsung will not be liable or responsible for any failure to perform, or delay
in performance of, any of any obligations under this Agreement that is caused
by acts or events beyond Samsung's reasonable control.
The Agreement and the User's relationship with Samsung under this Agreement
shall be governed by the laws of the State of New York without regard to its
conflict of law principles. By using the Services, the User unconditionally
consents and agrees that: (a) any claim, dispute or controversy (whether in
contract, tort, or otherwise) the User may have against any Samsung entity,
the officers, directors, agents and employees of any Samsung entity (the "Samsung
Entity(ies)") arising out of, relating to, or connected in any way with
the Services or the determination of the scope or applicability of this clause,
will be resolved exclusively by final and binding arbitration administered by
the ICC and conducted before a sole arbitrator in accordance with the rules
of the ICC; (b) this clause is made pursuant to a transaction involving interstate
commerce, and shall be governed by the Federal Arbitration Act ("FAA"),
9 U.S.C. ?? 1-16; (c) the arbitration shall be held in New York, New York; (d)
the arbitrator's decision shall be controlled by the terms and conditions of
this Agreement and any other agreements referenced herein that the User has
agreed to in connection with the Services; (e) the arbitrator shall apply New
York law consistent with the FAA and applicable statutes of limitations, and
shall honor claims of privilege recognized at law; (f) there shall be no authority
for any claims to be arbitrated on a class or representative basis, arbitration
can decide only the User's and/or the applicable Samsung Entity's individual
claims; the arbitrator may not consolidate or join the claims of other persons
or parties who may be similarly situated; and the User will not file or participate
in a class action against Samsung; (g) the arbitrator shall not have the power
to award punitive damages against the User or any Samsung Entity; (h) in the
event that the administrative fees and deposits that must be paid to initiate
arbitration against any Samsung Entity exceed One Hundred Twenty-Five US Dollars
(US$125), and you are unable (or not required under the rules of ICC) to pay
any fees and deposits that exceed this amount, Samsung agrees to pay them and/or
forward them on your behalf, subject to ultimate allocation by the arbitrator.
In addition, if the User is able to demonstrate that the costs of arbitration
will be prohibitive as compared to the costs of litigation, Samsung will pay
as much of the User's filing and hearing fees in connection with the arbitration
as the arbitrator deems necessary to prevent the arbitration from being cost
prohibitive; and (i) with the exception of subsection (f) above, if any part
of this arbitration provision is deemed invalid, unenforceable or illegal, or
otherwise conflicts with the rules of ICC, the balance of this arbitration provision
shall remain in effect and shall be construed in accordance with its terms as
if the invalid, unenforceable, illegal or conflicting provision were not contained
herein. If, however, subsection (f) above is found to be invalid, unenforceable
or illegal, the entirety of this arbitration provision shall be null and void,
and neither the User nor Samsung shall be entitled to arbitrate the dispute.
For more information on the ICC and/or the rules of the ICC, visit their
website at www.iccwbo.org.