www.samsung.com Open in urlscan Pro
184.25.114.78  Public Scan

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Text Content

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If you submit a DMCA Counter Notification, a copy of the counter notification,
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EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE
DISCLAIM ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY,
SATISFACTORY QUALITY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE,
RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF
THIRD-PARTY RIGHTS, OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT
ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US OR OUR AFFILIATES SHALL BE DEEMED TO ALTER OUR
DISCLAIMER OF WARRANTY REGARDING OUR SITES, OR TO CREATE ANY WARRANTY OF ANY
SORT FROM US.


WITHOUT LIMITING THE PREVIOUS DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT OUR SITES OR THE
CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE MANNER; (ii) WILL BE FREE FROM ALL HARMFUL COMPONENTS OR ERRORS;
(iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE
INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS; OR (iv) WILL BE ACCURATE,
COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE SITES WILL BE SATISFACTORY TO
YOU, OR THAT ERRORS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY SERVICES, ADVERTISEMENTS,
CONTENT, OR ANY OTHER PRODUCT, SITES OR SERVICES ADVERTISED OR OFFERED BY A
THIRD PARTY ON OR THROUGH OUR SITES.


LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF
PROFIT, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY OR DATA, WHETHER INCURRED
DIRECTLY OR INDIRECTLY, OR ANY OTHER INTANGIBLE LOSSES. THE LIMITATIONS OF THIS
SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY,
CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT
WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND
EVEN TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE
WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. SOME JURISDICTIONS DO
NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE
AND AGREE THAT THESE LIMITATIONS ARE REASONABLE GIVEN THE BENEFITS OF THE SITES
AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.




INDEMNITY

You agree to indemnify, defend, and hold harmless us, our licensors, our agents,
and all officers, directors, and employees from any and all third-party claims,
actions, losses, damages, liabilities, judgements, grants, costs, and expenses
(including reasonable attorneys’ fees) arising from: (i) your use of our Sites
or use by any person that you allow to use our Sites that is not in accordance
with these Terms, (ii) any breach of these Terms by you or by any person that
you allow to use our Sites, or (iii) any violation of any laws or regulations or
the rights of any third party by you or by any person that you allow to use our
Sites.




ARBITRATION

ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM THESE TERMS 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
service provided to any other person or entity, and specifically, 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, and is entered pursuant to the Federal Arbitration Act. The
arbitrator shall decide all issues of interpretation and application of this
arbitration provision and these Terms. Judgement may be entered on the
arbitrator’s award in any court of competent jurisdiction. This arbitration
provision also applies to claims against our employees, representatives and
affiliates if any such claim arises from these Terms. 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 us our 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 we 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 to the extent allowed by
the applicable law. Judgement may be entered on the arbitrator’s award in any
court of competent jurisdiction.


You may opt out of this dispute resolution procedure by providing notice to us.
To opt out, you must send notice by email to optout@sea.samsung.com, with the
subject line: “Arbitration Opt Out—Website Terms of Use.” Your opt-out email
must include: (a) your name and address; (b) e-mail address; and (c) telephone
number. Opting out of this dispute resolution procedure will not affect the
Terms of Use, and you will continue to enjoy the benefits of the Sites.




GEOGRAPHIC SCOPE

The Sites are intended for use within the United States of America. Claims about
our products or services are limited to the United States, unless otherwise
disclosed. The Sites are intended to promote solely products that are sold in
the United States. We do not represent or warrant that the Sites are appropriate
or available for use outside the United States.




GOVERNING LAW

The formation, existence, construction, performance, validity and all aspects
whatsoever of these Terms will be governed by the law of the State of New York,
without reference to its choice of laws principles. These Terms will not be
governed by the UN Convention on Contracts for the International Sale of Goods,
the application of which is expressly excluded. Notwithstanding the foregoing,
we may apply for injunctive remedies (or an equivalent type of urgent legal
relief) in any court of competent jurisdiction.




ENTIRE AGREEMENT & SEVERABILITY

These Terms, our Privacy Policy, any additional terms that accompany our Sites,
any amendments and any additional agreements you may enter into with us shall
constitute the entire agreement between you and us with respect to our Sites,
and supersede all prior or contemporaneous oral or written communications,
proposal, and representations with respect to our Sites or any subject matter
covered by these Terms. If any provision of these Terms is deemed to be invalid,
illegal or unenforceable (in whole or in part), then that provision will be
limited or eliminated to the minimum extent necessary, and the remaining
provisions of these Terms will remain in full force and effect. You may be
subject to additional terms and conditions that govern your use of third-party
services, content, or software.




NO WAIVER

If we do not exercise or enforce any legal right or remedy which is set out in
these Terms or which we have the benefit of under any Applicable Law, this will
not be construed as a formal waiver of our rights or remedies and such rights or
remedies will remain available to us.




RESERVATION OF RIGHTS & FEEDBACK

Nothing in these Terms gives you a right to use the Samsung name or any of the
Samsung trademarks, logos, domain names, and other distinctive brand features.
All rights, title, and interest in and to our Sites (excluding content provided
by third parties) are and will remain the exclusive property of Samsung and its
licensors. If you choose to make available any comments, ideas, feedback, or
suggestions, we will be free to use such comments, ideas, feedback or suggestion
as we see fit and without any obligation to you.




SURVIVAL

Any provisions within these Terms that by their nature should continue to be in
effect, shall survive the expiration or termination of these Terms, and remain
valid and binding.




ADDITIONAL TERMS MAY APPLY

Depending on which of our products or services you use, additional terms may
apply (“Additional Terms”). Additional Terms may also apply for promotions,
sweepstakes, contest, giveaways, or similar programs. If these Terms are
inconsistent with any Additional Terms, the Additional Terms will control.




CHANGES TO THESE TERMS

From time to time, we may change these Terms in our sole discretion. We reserve
the right to make these changes without notice, though we will update the “Last
Updated” line at the beginning of these Terms after each revision. You are
responsible for regularly reviewing these Terms, and your continued use of the
Sites following any changes indicates your acceptance of those changes.




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