Terms of Use

The terms and conditions set forth below (the "Terms") are issued by Samsung Electronics America, Inc. (“Company”), a company incorporated under the laws of the State of New York with a principal place of business at 85 Challenger Road, Ridgefield Park, NJ 07660.

These Terms govern you while on this site on the World Wide Web (“the “Site”) or while using this application (the "Application") and are legally binding on you. You warrant that you possess the legal authority to enter into this agreement. Please read these Terms carefully before accessing or otherwise using the Site or Application. If you do not agree with any of the listed conditions, do not access or otherwise use this Site or Application or any Materials, information or services contained on this Site or Application. YOUR USE OF THIS SITE OR THE APPLICATION SHALL BE DEEMED TO BE YOUR AGREEMENT TO THESE TERMS, INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS SET OUT BELOW.

To the fullest extent permitted by law, Company may revise, supplement or otherwise change these Terms and impose new or additional rules, policies, terms or conditions on your access or use of the Site or Application from time to time at its sole and absolute discretion and with or without prior notice to you, by updating these Terms. Such revisions, supplements or changes will be effective immediately and incorporated into these Terms. Your continued use of the Site or Application will be deemed to constitute your acceptance of any and all such additional or revised Terms.

All rights not expressly granted in these Terms are reserved. The Site or Application may not be used in connection with any other commercial purposes except those that are specifically approved by Company.

The Company may suspend the Site or Application or your use and access of Materials and/or services on the Site or Application where necessary for operational reasons such as repair, maintenance or improvement or because of an emergency. In such an event, Company will endeavor to restore the Site or Application after suspension as soon as reasonably possible.

Whilst we make every effort to help protect users of the Site or Application from computer viruses and security exploits, the Company does not accept any liability for problems or losses caused by either.

Dispute Resolution & Arbitration Agreement

This is a binding legal agreement (“Agreement”) between you (either an individual or entity) and Company. Use of the Site or Application or retention of the Site or Application constitutes acceptance of this Agreement, regardless of whether you are the original purchaser, user, or other recipient of the Site or Application.

You and Company each agree that, subject to Company’s right to apply for injunctive remedies, all disputes between you and Company relating in any way to or arising in any way from the use, sale, condition or performance of the Site or Application 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 any other person’s or entity’s claim, 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. The AAA Rules are available online at adr.org or by calling the AAA at 1-800-778-7879. This Agreement is entered into pursuant to the Federal Arbitration Act. The laws of the State of New York, without reference to its choice of law principles, shall govern the interpretation of the Agreement and all disputes that are subject to this Agreement. The arbitrator shall decide all issues of interpretation and application of this Agreement.

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 Company 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 Company 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. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction.

This Agreement also applies to claims against Company’s employees, representatives, parents, and other affiliates if any such claim relates to or arises from the Site or Application’s use, sale, condition or performance.

You may opt out of this Agreement by providing notice to Company no later than 30 calendar days from the date of the first consumer purchaser’s purchase or use of the Site or Application. To opt out, you must send notice by e-mail to optout@sea.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 Site or Application was first used or purchased; (c) the device model name or model number; and (d) the IMEI or MEID or Serial Number, as applicable, if you have it.

Alternatively, you may opt out by calling 1-800-SAMSUNG (726-7864) no later than 30 calendar days from the date of the first consumer purchaser’s purchase or use of the Site or Application and providing the same information. These are the only two forms of notice that will be effective to opt out of this Agreement. Opting out of this Agreement will not affect in any way the benefits to which you would otherwise be entitled, including the benefits of use of the Site or Application.

General use Restrictions

All information, documents, products and services, trademarks, service marks, logos, graphics, and images ("Materials") provided or accessed on this Site or Application are copyrighted or trademarked and are the property of Company, its parent or any of its listed subsidiaries and affiliated legal entities worldwide.

Any unauthorized use of any material contained on the Site or Application may violate copyright laws, trademark laws, the laws of privacy and communications statutes. Company grants you the limited right to display the Materials only on your personal computer or mobile device for your personal use. You agree not to use the Materials for any other purpose without the prior written consent of Company.

Without limitation, you agree not to reproduce, re-distribute, sell, publish, broadcast or circulate any information contained in the Materials to anyone, including others in the same company or organization. You may not post content from this Site or Application to news groups, mail lists, or bulletin boards. You acknowledge and agree that, except as set forth herein, you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these terms. Upon termination you agree to immediately destroy any printed or downloaded materials. You agree not to "frame" or "mirror" any materials or third-party content contained on this Site or Application on any other server or internet based device without the advanced written permission of Company or its licensors, respectively.

To access or use portions of this Site or Application, you may be asked to provide certain registration details or other information, including location and GPS information. Company’s use of your personal information (if any) is governed by its PRIVACY POLICY available for review at http://www.samsung.com/us/info/privacy.html. PLEASE READ THE PRIVACY POLICY CAREFULLY. The PRIVACY POLICY deals with your rights and our obligations in relation to any personal data provided to Company in connection with your access or use of the Site or Application, including what Company can do with it and to whom Company may give it in certain situations.

Certain areas of this Site or Application are password restricted to authorized users ("Restricted Areas") If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for the confidentiality of your password and account information, and agree to notify Company immediately if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may incurred under your password protected account whether or not you are the individual who undertakes such activities. You agree to immediately notify Company of any unauthorized use of your account or any other breach of security in relation thereof known to you. You acknowledge that this Site or Application may include certain inaccuracies or typographical errors which may affect the quality of Materials and third-party content. You acknowledge that the Materials or any third-party content have not been independently verified or authenticated in whole or in part by Company, and agree that Company does not warrant the accuracy or timeliness of materials or the third-party content, and further agree that Company has no liability for any omissions in the Materials and content, whether provided by Company or any third-party.

Submission Policy

Company is pleased to hear from its users and welcomes your comments regarding its services and products, and may from time to time request certain feedback or material from you, such as on message boards or in connection with Materials (“Solicited Submissions”). Nevertheless, Company's long-standing policy does not allow it to accept or consider creative ideas, designs, photographs, drawings, or original artwork, suggestions for new products or product improvements, suggestions for technologies, methods, techniques, processes, inventions, marketing plans, or any materials other than those it has specifically requested (see below) (“Unsolicited Submissions”).

We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Company’s or its affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any Unsolicited Submissions. Both Solicited and Unsolicited Submissions (collectively “Submissions”) will be treated as non-confidential and non-proprietary in each instance.

None of the Submissions shall be subject to any obligation of confidence on the part of Company, and Company shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by Company without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, patents, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas.

Company shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. By making a Submission, you represent that such Submission is original with you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity and/or privacy.

All Submissions shall be the sole property of Company or its affiliates and will not be acknowledged or returned. You agree and understand that Company is not obligated to use any Submission you make and you have no right to compel such use. You hereby acknowledge and agree that your relationship with Company is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Company does not place Company in a position that is any different from the position held by members of the general public with regard to your Submission. You understand and acknowledge that Company has wide access to ideas, stories, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by Company's own employees. Many ideas or stories may be competitive with, similar or identical to your Submission in theme, idea, plot, format or other respects.

You acknowledge and agree that you will not be entitled to any compensation as a result of Company's use of any such similar or identical material. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of a Company's actual or alleged exploitation or use of any material you submit, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

General Disclaimer

Services and Materials are intended only for Company's customers and other authorized third parties and are provided only for your convenience. Company grants you no license or property rights to any such services and Materials. Company does not warrant the accuracy, completeness, or reliability of any services and Materials and other items contained on this Site or Application. The Company does not guarantee, represent or warrant that your use of the Site or Application will be uninterrupted or error-free. Therefore, you are not to rely on any services and Materials provided in this Site or Application unless we expressly advise you in writing that you can. Please do not rely upon or utilize any services, the Site or Application and Materials to purchase, sell, trade, or transact in any securities. Note that information provided herein do not meet disclosure requirements of regulatory bodies as may be required in different countries, including but not limited to, the U.S. Securities Exchange Commission. Please do not make any investment decisions based upon any services, the Site, the Application and Materials provided herein. The service, the Site, the Application and Materials are provided by Company on an “as is” basis, and Company expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability, suitability and fitness for a particular purpose, title and non-infringement, with respect to any service, the Site, the Application or Materials. The information regarding the stocks and any information contained in this Site or Application do not constitute an offer by Company of any of its securities nor does it constitute a request for an offer to buy any securities. While the Company endeavors to ensure that the Site and Application is normally available during the regular business hours, the Company shall not be liable if for any reason the Site or Application is unavailable at any time or for any period. Access to the Site or Application may be suspended without notice at the Company’s sole discretion due to any reason or no reason including system failure, maintenance or unavailability. Although you may freely download Services and Materials from this and related Sites or Applications, Company retains all trademark right and copyright on all text and graphics. You have no right to reproduce them in any way other than for your personal use.

Limitation of Liability

To the maximum extent permitted by applicable law, Company shall not be liable to you or third-party claiming through you for any damage or loss suffered as a result of your using, accessing, displaying, copying or downloading information or Material contained on this Site or Application. In no event shall Company be liable to you or any third-party for any indirect, extraordinary, exemplary, punitive, special incidental or consequential damages (including loss of data, revenue, profits or other economic advantage) however arising, whether for breach or in tort even if Company has previously advised of the possibility of such possible damage.

The Company does not represent or guarantee that the Site or Application will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and the Company disclaims any liability relating thereto. You expressly agree that your use of, or inability to use, the Site or Application is at your sole risk. You shall be responsible for backing up your own system and if your use of the Site or Application results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

COMPANY’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNTS PAID TO COMPANY BY YOU FOR THE SERVICES OR, IN THE EVENT THAT COMPANY HAS MADE THE SITE OR APPLICATION OR SERVICES AVAILABLE TO YOU WITHOUT CHARGE, COMPANY’S TOTAL LIABILITY WILL BE LIMITED TO $20.

Local Laws

Company controls and operates this Site and Application from its headquarters in the United States of America and Seoul, Korea. If you use this Site or Application from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import laws of other countries in relation to the Materials and third-party content.

Violation of Terms of This Site or Application

If you violate the terms of this Site or Application, Company reserves the right to terminate service to you without further notice or explanation. Company's preferred course of action is to advise you of your inappropriate behavior and advise you of any corrective action. However, flagrant violations of these Terms as determined by Company in its sole discretion, will result in immediate termination of service. You agree that Company and its licensors may make improvements and/or changes in the services and prices described in this Site or Application, if any, at any time without notice, and further agree that Company can revise these Terms at any time without notice by updating this posting. Your continued use of the Site or Application after such modifications have been made constitutes your acceptance of such revised Terms.

Any action related to these Terms will be governed by New York Law and applicable U.S. Law without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to the jurisdiction of the courts located in the City of New York, New York for the resolution of all disputes arising from or related to these Terms and/or your use of the Site or Application.

The failure of Company to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing. The Terms comprises the entire agreement between you and Company and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the Site or Application, however, is subject to the additional disclaimers and caveats that may appear throughout the Site or Application.

If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in full force and effect.

Indemnity

By using the Site or Application, you agree to indemnify and hold the Company and any of the Company’s group companies, their respective directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your misuse of the Site or Application or Materials, any action taken by the Company as part of its investigation of a suspected breach of these Terms or as a result of its finding or decision that a breach of these Terms has occurred. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any claim which is subject to indemnification by you under these Terms, in which event you will (from that time onwards) have no further obligation to provide indemnification for that claim.

Trademarks

"SAMSUNG" and "SAMSUNG.com" are trademarks of SAMSUNG ELECTRONICS in the United States or other countries. Unauthorized use or duplication of these marks is strictly prohibited by law.