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Submission: On December 01 via manual from IN — Scanned from DE

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SAMSUNG MESSAGING TERMS & CONDITIONS




You agree to receive recurring automated promotional and personalized marketing
text (e.g., SMS and MMS) messages (e.g. cart reminders) from Samsung, including
text messages that may be sent using an automatic telephone dialing system, to
the mobile telephone number you provided when signing up or any other number
that you designate. Consent to receive automated marketing text messages is not
a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Samsung reserves the right to alter the frequency
of messages sent at any time, so as to increase or decrease the total number of
sent messages. Samsung also reserves the right to change the short code or phone
number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported and our messages may not be
deliverable in all areas. Samsung, its service providers and the mobile carriers
supported by the program are not liable for delayed or undelivered messages.

You also agree to our Samsung Terms of Use and Samsung Privacy Policy.

We are able to deliver messages to the following mobile phone carriers: Major
carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular,
Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska
Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular,
Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania,
Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross,
Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden
State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular,
Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC
Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle
Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP
Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless,
and West Central (WCC or 5 Star Wireless).


CANCELLATION

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to
cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode
you will receive one additional message confirming that your request has been
processed. You acknowledge that our text message platform may not recognize and
respond to unsubscribe requests that do not include the STOP, END, CANCEL,
UNSUBSCRIBE or QUIT keyword commands and agree that Samsung and its service
providers will have no liability for failing to honor such requests. If you
unsubscribe from one of our text message programs, you may continue to receive
text messages from Samsung through any other programs you have joined until you
separately unsubscribe from those programs.


HELP

Text the keyword HELP to our shortcode to return customer care contact
information.


CUSTOMER CARE

If you are experiencing any problems, please visit
https://support.attentivemobile.com/help/ and submit the form with details about
your problem or your request for support, or email support@attentivemobile.com.


CONTACT

This message program is a service of Samsung, located at 3655 N 1st St, San
Jose, CA 95134, San Jose, California 95134.


DISPUTE RESOLUTION

 a. General. In the interest of resolving disputes between you and Samsung in
    the most expedient and cost effective manner, you and Samsung agree that any
    dispute arising out of or in any way related to these messaging terms and
    conditions ("Messaging Terms") or your receipt of text messages from Samsung
    or its service providers will be resolved by binding arbitration.
    Arbitration is less formal than a lawsuit in court. Arbitration uses a
    neutral arbitrator instead of a judge or jury, may allow for more limited
    discovery than in court, and can be subject to very limited review by
    courts. Arbitrators can award the same damages and relief that a court can
    award. This agreement to arbitrate disputes includes all claims arising out
    of or in any way related to these Messaging Terms, or your receipt of text
    messages from Samsung or its service providers whether based in contract,
    tort, statute, fraud, misrepresentation, or any other legal theory, and
    regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY
    AGREEING TO THESE MESSAGING TERMS, YOU AND Samsung ARE EACH WAIVING THE
    RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE
    MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION
    ACT.
 b. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging
    Terms will be deemed to waive, preclude, or otherwise limit the right of you
    or Samsung to: (i) bring an individual action in small claims court; (ii)
    pursue an enforcement action through the applicable federal, state, or local
    agency if that action is available; (iii) seek injunctive relief in aid of
    arbitration from a court of competent jurisdiction; or (iv) file suit in a
    court of law to address an intellectual property infringement claim.
 c. Arbitrator. Any arbitration between you and Samsung will be governed by the
    Federal Arbitration Act and the Commercial Dispute Resolution Procedures and
    Supplementary Procedures for Consumer Related Disputes (collectively, "AAA
    Rules") of the American Arbitration Association ("AAA"), as modified by
    these Messaging Terms, and will be administered by the AAA. The AAA Rules
    and filing forms are available online at www.adr.org, by calling the AAA at
    1-800-778-7879, or by contacting Samsung. The arbitrator has exclusive
    authority to resolve any dispute relating to the interpretation,
    applicability, or enforceability of this binding arbitration agreement.
 d. Notice; Process. If you or Samsung intends to seek arbitration, then the
    party seeking arbitration must first send a written notice of the dispute to
    the other party by U.S. Mail ("Notice"). Samsung address for Notice is: 3655
    N 1st St, San Jose, CA 95134, San Jose, California 95134, Attn: Chief
    Executive Officer. The Notice must: (i) describe the nature and basis of the
    claim or dispute; and (ii) set forth the specific relief sought ("Demand").
    You and Samsung will make good faith efforts to resolve the claim directly,
    but if you and Samsung do not reach an agreement to do so within 30 days
    after the Notice is received, you or Samsung may commence an arbitration
    proceeding. During the arbitration, the amount of any settlement offer made
    by you or Samsung must not be disclosed to the arbitrator until after the
    arbitrator makes a final decision and award, if any. (e) Fees. If you
    commence arbitration in accordance with these Messaging Terms, Samsung will
    reimburse you for your payment of the filing fee, unless your claim is for
    more than $15,000 or as set forth below, in which case the payment of any
    fees will be decided by the AAA Rules. If the claim is for $15,000 or less,
    you may choose whether the arbitration will be conducted: (i) solely on the
    basis of documents submitted to the arbitrator; (ii) through a
    non-appearance based telephone hearing; or (iii) by an in-person hearing as
    established by the AAA Rules. If the arbitrator finds that either the
    substance of your claim or the relief sought in the Demand is frivolous or
    brought for an improper purpose (as measured by the standards set forth in
    Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be
    governed by the AAA Rules. In that case, you agree to reimburse Samsung for
    all monies previously disbursed by it that are otherwise your obligation to
    pay under the AAA Rules. Regardless of the manner in which the arbitration
    is conducted, the arbitrator must issue a reasoned written decision
    sufficient to explain the essential findings and conclusions on which the
    decision and award, if any, are based. You and Samsung agree that such
    written decision, and information exchanged during arbitration, will be kept
    confidential except to the extent necessary to enforce or permit limited
    judicial review of the award. The arbitrator may make rulings and resolve
    disputes as to the payment and reimbursement of fees or expenses at any time
    during the proceeding and upon request from you or Samsung made within 14
    days of the arbitrator's ruling on the merits.
 e. No Class Actions. YOU AND Samsung AGREE THAT EACH MAY BRING CLAIMS AGAINST
    THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS
    MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless
    both you and Samsung agree otherwise in a signed writing, 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.
 f. Modifications to this Arbitration Provision. Notwithstanding anything to the
    contrary in these Messaging Terms, if Samsung makes any future change to
    this arbitration provision, other than a change to Samsung address for
    Notice, you may reject the change by sending us written notice within 30
    days of the change to Samsung address for Notice, in which case this
    arbitration provision, as in effect immediately prior to the changes you
    rejected, will continue to govern any disputes between you and Samsung.
 g. Enforceability. If an arbitrator decides that applicable law precludes
    enforcement of any of the limitations of subsection (f) above (addressing
    class, representative and consolidated proceedings) as to a particular claim
    for relief, then that claim (and only that claim) must be severed from the
    arbitration and brought in court. If any other provision of these Messaging
    Terms is found to be unenforceable, the applicable provision shall be deemed
    stricken and the remainder of these Messaging Terms shall remain in full
    force and effect.

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