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
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
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 email@example.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
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
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
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.
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
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.
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.
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
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
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.
"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.