TERMS OF SERVICE FOR SHOP SAMSUNG
Effective Date: 11/16/16
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING SERVICE.
Samsung Electronics America, Inc. and its parent, subsidiaries, and affiliates (collectively "Samsung," "we," "us," or "our") are pleased to offer Shop Samsung, a service which enables users ("you," "your" or "users") to access and view content, purchase products, accessories and devices, and view or discover device features and other products (hereinafter referred to as, the "Service").
1. Acceptance of the Terms of Service
These Terms of Service ("Terms of Service") are a binding agreement between you and Samsung, and govern your use of the Service and all of the features and functions therein. The Service is licensed, not sold, to you.
BY USING THE SERVICE OR BY CLICKING ACCEPT OR AGREE TO THE TERMS OF SERVICE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU AGREE ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE, AND YOU REPRESENT AND CERTIFY THAT YOU ARE OF LEGAL AGE TO ENTER INTO AN AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SERVICE.
These Terms of Service, are supplemented by the Samsung Account Service Terms and Conditions ("Service Terms and Conditions") that you have may have already agreed to (or concurrently agree to along with these Terms of Service) when opening a single sign on user account with Samsung (the "Samsung Account") and may also incorporate any other additional terms that may govern certain parts of the Service (collectively, these "Terms of Service"). Certain features within the Service may only be used and/or accessed if you have a Samsung Account.
If you do not have a Samsung Account, please read the Service Terms and Conditions and open a new Samsung Account, as applicable. You acknowledge and agree that these Terms of Service are incorporated into the generally applicable Service Terms and Conditions. In case of any inconsistency or conflict between these Terms of Service, the Service Terms and Conditions, and any other additional set of terms, these Terms of Service will prevail in relation to the Service. These Terms of Service do not govern the use of your Samsung hardware or equipment and no representations or warranties are provided herein with respect to your Samsung hardware or equipment.
Samsung may change or modify these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you. You may use the Service for your personal, noncommercial use only. You may not use the Service or any part thereof if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Service only with involvement of a parent or guardian.
2. License
The Service is available for certain devices (including Samsung devices). If your device qualifies for the use of the Service, Samsung grants to you, and you accept, a non-exclusive, non-transferable, non-sublicenseable, personal, revocable, limited right and license to access and use the Service for your non-commercial, personal use only, provided that you comply fully with these Terms of Service and the Service Terms and Conditions. All references to the Service include all related content, such as videos, text, pictures, graphics, user interfaces, scripts software and any other materials used to implement and provide access to the Service, including any updates, upgrades, enhancements, modifications, revisions or additions to the Service made available by Samsung. However, Samsung is under no obligation to provide any updates, upgrades, enhancements, modifications, revisions or additions to the Service.
3. Restrictions
3.1 You will not interfere or attempt to interfere with the operation or use of the Service in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means. You may not, using the Service, collect or harvest personal information, including but not limited to account names and contact information. You may not impersonate or pretend to be anyone else but you, including without limitation, by creating fraudulent or spoof accounts.
3.2 You will not reverse engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate (or encourage or assist any other person to do any of the foregoing) the Service in whole or in part. You may not transmit, distribute, or broadcast any content included or accessible from the Service without our prior written consent unless we make the content available for distribution through a function on the Service, such as a social media plugin. You may not use the Service for commercial purposes or for any purpose that is unlawful or prohibited by the Terms of Service.
3.3 You will not use the Service for any unlawful purposes or for any purpose prohibited by these Terms of Service. You are specifically prohibited from using the Service to share, publish or otherwise include content that (a) violates any third party's rights, including privacy and intellectual property rights; (b) is obscene, abusive, threatening, defamatory, violent, illegal, hateful, discriminatory, racist, sexist, or otherwise objectionable (as determined in our sole discretion) or in non-conformance with Samsung's applicable content or use guidelines; or (c) contains viruses or other harmful software, code or other means that impact or limit the Service or the devices running the Service. You will not use the Service to make any unsolicited offers, request, advertisements, or spam.
3.4 You will not use any robot, spider, script, or any manual or automated program or other means to extract, download, index, create multiple accounts, frame, enclose, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Service.
3.5 The Service may contain message boards, profiles, forums, bulletin boards, or other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Service. All User Contributions must comply with Samsung's applicable content standards. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, exploit, distribute and otherwise disclose to third parties any such material for any purpose. You represent and warrant that: (a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, and (b) all of your User Contributions do and will comply with these Terms of Service.
3.6 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Samsung, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user.
3.7 If the Service allows you to submit reviews, you will not submit any fake or fabricated reviews. Any reviews by you will be genuine and will represent your own personal experiences. You warrant that you have not been offered any payment or other incentive to write a review. If you have been offered any payment or incentive to write a review, you agree to fully disclose any such material connection in accordance with all legal requirements, best practices and guidance. If the Service allows you to submit reviews, you may post reviews on the Service so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." If you do post reviews, you grant Samsung a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews throughout the world in any media. You grant Samsung and any of its sublicensees the right to use the name that you submit in connection with such reviews. You represent and warrant that you own or otherwise control all of the rights to the reviews that you post; that the reviews are accurate; that use of the reviews you supply does not violate these Terms of Service, and will not cause injury to any person or entity; and that you will indemnify Samsung for all claims resulting from reviews you supply.
3.8 Samsung has the right but not the obligation to monitor and edit or remove any reviews. Samsung takes no responsibility and assumes no liability for any reviews posted by you or any third party. Samsung does not endorse, promote, support, verify or monitor any content submitted to the Service, or any opinion, recommendation, action or advice provided in such content. We reserve the right to remove content without prior notice and for any reason in our sole discretion.
3.9 If you fail, or Samsung suspects that you have failed, to comply with any provisions of these Terms of Service, without limiting Samsung's other rights and remedies, all of which are expressly reserved, Samsung, in its sole discretion and without notice to you, may (i) terminate your use of the Service; (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the Service.
4. Your Use of the Service
4.1 Certain Service features may only be used or are only accessible if you have or open a Samsung Account. In addition to the registration data you provide when opening a Samsung Account ("Registration Data"), you may be required to provide additional information ("Additional Data") before you can use the Service. You agree to provide accurate, current, and complete Additional Data and to update your Additional Data as required. You further agree to maintain and update your Registration Data as required to keep it accurate, current and complete. Without in any way limiting or abrogating the Privacy Policy, you agree that Samsung may store and use the Registration Data you provide for use in maintaining your account and providing the Service. You are solely responsible for any activity (and omissions) that occur on your account, for providing and maintaining accurate Registration Data and for maintaining the confidentiality of your password. If there has been an unauthorized use of your password or account, please notify us immediately. Your Registration Data and Additional Data will be subject to the Privacy Policy.
4.2 You understand that certain functions or services provided through the Service may be linked to third party products and/or services ("Linked Services"), are provided by subcontractors and other third party service providers, or automatically produce search results that refer to or link to other websites. By using or clicking on any such Linked Service, you permit such Linked Service to access and store relevant portions of your Registration Data and Additional Data, including but not limited to your mobile phone number and username, as well as data triggered by and relating to the scanning of barcodes, such as location data, and purchasing information. By using Linked Services, you also permit Samsung to receive data and information about you from the applicable Linked Service providers. Clicking on such Linked Services, will cause you to leave our Service. Your use of Linked Service will be solely between you and the third party, and subject to the terms and conditions of use imposed by the applicable Linked Service providers. For the avoidance of doubt, Samsung is not responsible for, and hereby disclaims all liabilities relating to or arising from the Linked Service, including but not limited to quality, performance or malfunctions.
4.3 The Service may include content or materials provided by third parties, including materials provided by other users, bloggers and other third parties. The Service may also include links which may allow you to browse or be redirected to a third party's website, such as a social networking platform, links contained in advertisements or sponsored links. We are not associated with, endorsing, or responsible for the services, websites, content or materials from these third parties, and they are provided for convenience only. All statements and/or opinions expressed in those materials, and all articles and responses to questions and other content, other than the content provided by the Samsung, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Samsung We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Service, you do so entirely at your own risk and subject to the terms and conditions of use for such other websites and/or services.
4.4 Samsung may from time to time in its sole discretion develop and provide Service updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your applicable device settings, when your device is connected to the internet (fees may apply) either: (a) the Service will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement. Samsung also reserves the right to change the Service without notice.
4.5 Even though the Service is initially offered to you only with free-of-charge features, Samsung reserves the right to add fee-charging features and functionalities in the future. Samsung also reserves the right to display advertisements in connection with the Service.
4.6 Use of the Service may require your devices to have access or connection via mobile network or Internet (fees may apply). Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. You acknowledge and agree that complying with such system requirements, which may be changed from time to time, is your responsibility and that your use of any third party services may be subject to the terms and conditions of use established by the respective third party service providers.
4.7 Samsung may offer users the opportunity to participate in certain programs that may be subject to additional terms and conditions, as part of the Service. Samsung may determine your eligibility to participate in such programs in its sole discretion.
5. Intellectual Property; Ownership
You acknowledge that the Service is proprietary to Samsung, and protected under applicable copyright, patent, trademark and trade secret laws. You further acknowledge and agree that, as between you and Samsung, Samsung owns and will continue to own all right, title and interest in and to the Service, including all associated intellectual property rights under the above referenced applicable laws. These Terms of Service and your use of the Service does not grant you any ownership interest in or to the Service, and you are granted only a limited license to use the Service, which is revocable in accordance with the terms of these Terms of Service.
6. Protection of Privacy and Content
You acknowledge that when you download, install, or use the Service, Samsung may use automatic means (including, for example, cookies, web beacons, or analytics) to collect, combine and analyze data and information about your device and about your use of the Service, including through the use of third party tools or services, such as Google Analytics and or Firebase Analytics. The collection of this data by these third parties is subject to their own privacy policy and applicable terms and conditions. For more information, visit: Google Analytics and Firebase Analytics. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Service or certain of its features or functionality, and the Service may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Service is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
We value our relationship with you and consider our approach to the privacy of the information you provide in your use of the Service to be an important aspect of that relationship. Our Privacy Policy governs the collection and use of information through the Service. By submitting your personally identifiable information in relation to your order, you consent to such information being processed by us and by Digital River, as applicable, to fulfill your order and in accordance with our Privacy Policy and Digital River's Privacy Statement. To review Digital River's Privacy Statements, please click here and please click here for Your California Privacy Rights.
7. TERM; TERMINATION
7.1 This Agreement is effective upon your acceptance of these Terms of Service Agreement, or upon your downloading, accessing or otherwise use the Service and will continue in effect unless terminated by you or Samsung as set forth in this provision. You may terminate these Terms of Service by discontinuing any further use of the Service, and deleting any and all copies thereof from your devices. Samsung may terminate these Terms of Service at any time, and may do so immediately without notice, and may accordingly deny you access to the Service. In addition, these Terms of Service will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this these Terms of Service. Upon termination: (an) all rights granted to you under these Terms of Service will also terminate; and (b) you must cease all use of the Service and delete all copies of the Service from your devices. (c)Termination will not limit any of Samsung's rights or remedies at law or in equity.
7.2 If you fail, or Samsung reasonably suspects that you have failed to comply with any of the provisions of this Agreement, without limiting Samsung's other rights and remedies, all of which are expressly reserved, at its sole discretion and without notice to you, Samsung may immediately discontinue your access to the Service and terminate this Agreement.
8. Transactions, Availability, Errors and Inaccuracies, Product Warranty
8.1 All purchases through our site or other transactions for the sale of goods or services provided through the Service and any other E-Commerce services are provided by DR GlobalTech Inc., a Samsung e-commerce reseller and are governed by Digital River's Terms of Sale which are hereby incorporated into these Terms of Service. Responsibility for the purchase and fulfillment of an order is with Digital River, Inc., not Samsung, and all rights and remedies concerning the purchase of and fulfillment of an order are governed by Digital River's Terms of Sale. Before making a purchase through the Online Store, you are encouraged to review Digital River's Terms of Sale. All orders are subject to your consent to any applicable license agreement or usage terms delivered with, included in, or presented in connection with the product purchased.
8.2 Additional terms and conditions may also apply to specific portions, services or features of the Service. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
8.3 The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
8.4 We provide this Service for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
8.5 Products sold through the Service may come with a warranty from Samsung. If Samsung offers a warranty for a product, information regarding the warranty will be available with the product's packaging, online or by contacting Samsung. To the extent that these Terms of Service conflict with a warranty for a product, the warranty for the product will govern.
8.6 We are not liable for damage to or loss of products or any part thereof in transit. You must contact Digital River regarding any such damage or loss. You may review Digital River's Terms of Sale for their policies regarding such damage and loss. We are not liable for defects in products caused by any act, neglect or default on your part. Nor are we liable for any damage or loss arising from defective installation of the products; from the use of the products in connection with other defective, unsuitable or defectively installed equipment; your negligence; improper use; or use in any manner inconsistent with our specifications or instructions.
8.7 Your rights of repair or replacement of any products or any part or parts thereof which are found to be defective will (except where agreed otherwise) be negated or rendered void where (1) products have been repaired or altered by persons other us or any authorized dealer; (2) defective product or products have not been returned together with full details in writing of the alleged defects within the warranty period stated within the warranty for such product; and/or (3) defects are due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe our instructions or other directions issued or made available by us in connection with the products.
9. INDEMNIFICATION
You will indemnify, release and hold harmless Samsung, its parent, subsidiaries and affiliates, and all officers, directors, agents and employees thereof, and any party acting on Samsung's behalf, from and against any and all third party claims, actions, liabilities, losses, damages, judgments, costs and expenses, including reasonable attorneys' fees (collectively, "Claims") arising out of (i) any use of the Service or products appearing on the Service by you or by any person that is not in accordance with the terms of the Terms of Service; (ii) any breach of these Terms of Service by you or by any person that you allow to use the Service; or (iii) any violation of any laws, regulations or the rights of any third party by you or by any person that you allow to use the Service or products appearing on the Service.
10. Disclaimers
10.1 Disclaimer of Warranties. THE SERVICE IS PROVIDED "AS IS", "WHERE IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY (INCLUDLING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY AND NON-INFRINGEMENT) OR ANY PRODUCTS OR SERVICES RELATED TO THE SERVICE.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SERVICE (i) WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER; (ii) WILL ALWAYS BE AVAILABLE OR 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; (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE SERVICE, PRODUCTS, AND THE CONTENT MADE AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY CONTENT YOU OR ANY OTHER USER PROVIDES, ANY WEBSITES, SOCIAL MEDIA OR ANY OTHER RESOURCE LINKED TO THE SERVICE, , WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED OR THAT ANY CONTENT WILL BE UPDATED. YOU HEREBY ACKNOWLEDGE AND AGREE SAMSUNG WILL OWE YOU NO REFUNDS OR EXCHANGES IN CONNECTION WITH ANY PRODUCTS APPEARING ON THE SERVICE.
10.2 Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SAMSUNG OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGILIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORY, REGARDLESS OF WHETHER OR NOT SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. WE WILL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH THE SERVICE, FOR ANY USE OF PROMOTIONAL GIFTS, OR FOR ANY USER CONTENT, REVIEW, RATING, OR COMMUNICATIONS ON THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SHOULD YOU CHOOSE TO COMMUNICATE OR MEET DIRECTLY WITH OTHER USERS OF THE SERVICE, WE ARE NOT RESPONSIBLE FOR THOSE COMMUNICATIONS OR ANY MEETINGS THAT MAY TAKE PLACE BETWEEN YOU AND OTHER USERS. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SERVICE, TERMINATION OF YOUR USE OF THE SERVICE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
11. General Terms
11.1 Governing Law. These Terms of Service, including all revisions and amendments thereto, will be governed and construed in accordance with the laws of the State of New York, without regard to its conflict or choice of law provisions.
11.2 Arbitration. By using the Service, you unconditionally consent and agree that: (i) any claim, dispute or controversy (whether in contract, tort, or otherwise) you 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 Service or the determination of the scope or applicability of this clause, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this clause is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. �� 1-16; (iii) the arbitration will be held in New York, New York; (iv) the arbitrator's decision will be controlled by the terms and conditions of the Terms of Service and any other agreements referenced herein that you have agreed to in connection with the Service; (v) the arbitrator will apply New York law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law; (vi) there will be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your 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 you will not file or participate in a class action against us; (vii) the arbitrator will not have the power to award punitive damages against you or any Samsung Entity; (viii) 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 JAMS) 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 you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Samsung will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive; and (ix) with the exception of subsection (vi) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subsection (vi) above is found to be invalid, unenforceable or illegal, the entirety of this arbitration provision will be null and void, and neither you nor Samsung will be entitled to arbitrate the dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
11.3 Severability. If any term or provision of these Terms of Service is held to be void or unenforceable by any judicial or administrative authority, such determination will not affect the validity of enforceability of the remaining terms and provisions of these Terms of Service. The remaining provisions of this Agreement will remain in effect and will be construed in accordance with its terms.
11.4 Survival. Sections 3, 5, 6, 8, 9, 10 and 11 of the Terms of Service, and any other provision that by its nature should continue to be in effect, will survive the expiration or earlier termination of the Terms of Service and will remain valid and binding.
11.5 Headings. The headings contained in the Terms of Service are for reference purposes only and will not affect the meaning or interpretation of the Terms of Service.
11.6 No Waiver. The failure of Samsung to enforce at any time any of the provisions of the Terms of Service, or the failure by Samsung to require at any time performance by you of any of the provisions of the Terms of Service, will in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of Samsung to enforce such provision thereafter. The express waiver by Samsung of any provision, condition or requirement of the Terms of Service will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
11.7 Entire Agreement. These Terms of Service, including any policies or amendments that may be presented to you from time to time constitute the entire agreement between you and Samsung and shall govern your use of the Service, including any prior (written or verbal) offers and statements.
11.8 Export. The Service may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Service available outside the US.
11.10 Nature of Relationship. These Terms of Service do not create or imply any partnership, agency or joint venture between you and Samsung.
11.9 Headings. The headings contained in these Terms of Service are for reference purposes only and shall not affect the meaning or interpretation of these Terms of Service.