Effective Date: March 8, 2019
PLEASE READ THESE TERMS OF SERVICE FOR THE SAMSUNG+ AND SAMSUNG MEMBERS SERVICES (HEREAFTER REFERRED TO AS “SAMSUNG SERVICES”) CAREFULLY BEFORE USING THE SAMSUNG SERVICES BECAUSE IT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND SAMSUNG. Samsung Electronics America, Inc. and its parent, subsidiaries, and affiliates (collectively “Samsung,” “we,” “us,” or “our”) offer the Samsung Services, a single destination loyalty and support service, which provides interactive features and enables users (“you,” “your” or “users”) to use, store and manage information across Samsung or other devices, participate in rewards programs and promotions (subject to any applicable eligibility requirements), receive communications and support from Samsung, access and view content, and view or discover device features and products.
This terms of service agreement (the “Samsung Services TOS”) is a binding contract between you and Samsung which governs your use of Samsung Services and all of the features and functions therein and any other related website or online offering whether accessed via a computer or a mobile device or through any other technology, manner or means. The Samsung Services TOS supplement the Samsung Service Terms and Conditions [https://account.samsung.com/membership/terms] ("Service Terms and Conditions") that you have already agreed to (or concurrently agree to along with this Samsung Services TOS) when opening a single sign on user account with Samsung (the "Samsung Account"). You must have a Samsung Account in order to access and use the Samsung Services. If you do not have a Samsung Account, please read the Service Terms and Conditions and open a new Samsung Account before using the Samsung Services. You acknowledge and agree that the Samsung Services TOS are incorporated into the generally applicable Service Terms and Conditions. In the case of any inconsistency or conflict between the Samsung Services TOS and the Service Terms and Conditions, the Samsung Services TOS shall prevail in relation to the Samsung Services. The Samsung Services TOS does not govern the use of your Samsung hardware or equipment except as it relates to the Samsung Services and no representations or warranties are provided herein with respect to your Samsung hardware or equipment.
Samsung may modify the Samsung Services TOS from time to time. If we change the Samsung Services TOS, we will update the Effective Date listed above. If you continue to access or use the Samsung Services after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes.
1. Acceptance of the Samsung Services TOS
1.1 BY ACCEPTING THE SAMSUNG SERVICES TOS AND ACCESSING OR USING THE SAMSUNG SERVICES, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE SAMSUNG SERVICES TOS. IF YOU DO NOT AGREE TO THE SAMSUNG SERVICES TOS, YOU MAY NOT ACCESS OR USE SAMSUNG SERVICES.
1.2 THE SAMSUNG SERVICES ARE NOT INTENDED FOR OR DIRECTED TO CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE THE SAMSUNG SERVICES OR PROVIDE SAMSUNG WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these terms and conditions with your parent or legal guardian and that you and your parent or guardian understand and consent to the Samsung Services TOS. If you are a parent or guardian permitting a person under the age of 18 (“Minor”) to use the Samsung Services, you agree to: (i) supervise the Minor’s use of the Samsung+ Service; (ii) assume all risks associated with the Minor’s use of the Samsung Services, including the transmission of content to and from third parties via the Internet; (iii) assume any liability resulting from the Minor’s use of the Samsung Services; (iv) ensure the accuracy and truthfulness of all information submitted by the Minor; and (v) assume responsibility and are bound by the Samsung Services TOS for the Minor’s access and use of the Samsung Services.
2. License
2.1 1 The Samsung Services are available for qualifying Samsung devices. If your Samsung device qualifies for the use of the Samsung Services, 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 Samsung Services for your non-commercial, personal use only, provided that you comply fully with these Samsung Services TOS and the Service Terms and Conditions. Your access to the Samsung Services is licensed, not sold. All references to the Samsung Services includes all related content, such as videos, text, graphics, user interfaces, scripts and software used to implement and provide access to the Samsung Services, and any updates, upgrades, enhancements, modifications, revisions or additions to the Samsung Services made available to users by Samsung. However, Samsung is under no obligation to provide any updates, upgrades, enhancements, modifications, revisions or additions to the Samsung Services.
3. Restrictions
3.1 You shall not interfere or attempt to interfere with the operation or use of the Samsung Services 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 Samsung Services, 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, or using someone else’s image without their consent. Samsung reserves the right, in its sole discretion, to change, modify, update, add, discontinue, remove, revise, delete or otherwise change any portions of the Samsung Services TOS. Your continued use of the Samsung Services after the Effective Date constitutes your acceptance of the amended or modified terms.
3.2 You may 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 Samsung Services in whole or in part. You may not transmit, distribute, or broadcast any content included or accessible from the Samsung Services without our prior written consent unless we make the content available for distribution through a function on the Samsung Services, such as a social media plugin.
3.3 You may not use the Samsung Services for any purpose that is unlawful or prohibited by the Samsung Services TOS. You are specifically prohibited from using the Samsung Services 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 content or use guidelines; or (c) contains viruses or other harmful software, code or other means that impact or limit the Samsung Services or the devices running the Samsung Services.
3.4 You may 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 Samsung Services.
3.5 You may not use the Samsung Services to make any unsolicited offers, request, advertisements, or spam.
3.6 If the Samsung Services permit you to post pictures or videos, you may not submit, share, or post pictures or videos that are (a) not yours or pictures or videos that you do not otherwise have the right to post (i.e., pictures that you find on the Internet or photos of or including another individual who has not consented to you posting it); (b) pornographic, nude, partially nude or sexually suggestive pictures; (c) pictures depicting illegal conduct or activities; or (d) pictures or videos that include any person other than yourself unless you have secured all necessary rights and licenses to do so, and in no circumstance, submit a picture or video including any other person under 13 years of age.
3.7 If the Samsung Services allow you to submit reviews, you may 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 Samsung Services allow you to submit reviews, you may post reviews on the Samsung Services 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.”
3.8 If the Samsung Services allow you to submit feedback, suggestion or share any idea (hereafter “Feedback”) with Samsung or other users of Samsung Services, you represent and warrant that (i) the Feedback is not confidential information, and (ii) you have the right to freely share the Feedback.
3.9 If you do post reviews or Feedback, 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 or Feedback 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, if they choose. You represent and warrant that you own or otherwise control all of the rights to the reviews or Feedback that you post; that the reviews are accurate; that use of the reviews or Feedback you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Samsung for all claims resulting from reviews or Feedback you supply. Samsung has the right but not the obligation to monitor and edit or remove any reviews or Feedback. Samsung takes no responsibility and assumes no liability for any reviews or Feedback posted by you or any third party.
3.10 We may make voice and video communication available to you through your device as part of the Samsung Services subject to your network carrier’s policies and restrictions as may be applicable. Such additional voice and/or video communication functionalities do not purport to be a replacement for your ordinary mobile or fixed-line telephone services. In particular, you acknowledge and agree that such voice and/or video communication functionalities do not allow you to make emergency calls to any emergency services. You further agree that, in the course of providing the Samsung Services, Samsung (through its technical support staff) may temporarily take control of your Samsung product, via remote control of your keyboard or other device(s) with your prior consent in each instance. By accepting the support services granted to you via the Samsung Services (the “Services”), you agree that Samsung may view any such information to the extent necessary for carrying out the Services. Information to which access is gained in this way will not be used by Samsung for any purposes other than providing the Services, and Samsung will not disclose any personal information obtained during the course of providing the Services to third parties, except to the extent required by law. You agree that, in the course of providing the Services, Samsung (through its technical support staff) may record all activities forming part of the Services. You are responsible for backing up your own system and ensuring that content is backed up prior to the commencement of provision of the Services. In no event shall Samsung be liable to you for any loss of data, information or content, however caused, whether or not Samsung was advised or aware of the possibility of the same and whether such losses or damages arise in contract, tort (including negligence) or otherwise.
3.11 If you fail, or Samsung suspects that you have failed, to comply with any provisions of this Samsung Services TOS, 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 Samsung Services; (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to the Samsung Services.
4. Your Use of the Samsung Services
4.1 In order to use the Samsung Services, you are required to already have or open a Samsung Account. In addition to the registration data you provided about Yourself when opening the Samsung Account ("Registration Data"), you may be required to provide additional information (“Additional Data”) before you can use the Samsung Services. 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 Samsung Services. You are solely responsible for any activity that occurs 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, located at http://www.samsung.com/us/common/privacy.html, which is made part of this Samsung+ TOS.
4.2 You understand that certain functions of the Samsung Services are linked to third party products and/or services (“Linked Services”) and other Samsung services. By using any 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. Your use of Linked Service shall 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 In addition, the Samsung Services may contain links to third party web sites or programs that are not controlled by or affiliated with Samsung, and you understand that by using the Samsung Services, you may encounter content that may be offensive, indecent, explicit, adult-oriented, or objectionable. In all such cases, Samsung is not responsible, and hereby disclaims all liability relating to or arising from the content, offers, terms of service or privacy policies of such web sites and programs, including but not limited to your redemption of such third party’s offers.
4.4 Samsung does not endorse, promote, support, verify or monitor any content submitted to the Samsung Services, 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. If Samsung receives a notice or claim of ownership from a third party in connection with any material contained within content you submitted to the Samsung Services, we may remove or disable access to that content and, if you dispute the third party notice or claim, you will provide information reasonably requested by Samsung and will participate in a procedure to resolve the dispute. Samsung will prevent users that repeatedly distribute infringing content from continuing to distribute content via the Samsung Services as stipulated in this Section. Samsung shall have no liability to you where content is removed pursuant to this Section or if your account is terminated.
4.5 You may not use the Samsung Services for commercial purposes or for any purpose that is unlawful or prohibited by the Samsung Services TOS. You will not cause, solicit or allow use of the Samsung Services for fraudulent or wrongful purposes or to conduct unauthorized issuance, use or redemption of payments, gift/loyalty cards, coupons, and any other items of value. You are specifically prohibited from using the Samsung Services in connection with any content, services, programs or applications that (i) are in violation of any third party’s rights, including but not limited to intellectual property rights; or (ii) contain viruses or other harmful software, code or other means that impact or limit the functions or services provided by the Samsung Services or the devices running on the Samsung Services. Samsung will respond to notices of alleged copyright infringement by complying with applicable intellectual property laws and regulations. If you fail to comply with this section or any other terms and conditions of the Samsung Services TOS, Samsung may immediately suspend or terminate your right to use the Samsung Services without notice to you.
4.6 You acknowledge and agree that some of the functionalities or services offered by the Samsung Services may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung, or by third party service provider, included but not limited to Linked Services providers.
4.7 Use of the Samsung Services may require your devices to have access or connection via mobile network or Internet (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Samsung Services involves hardware, software, and Internet access, your ability to use the Samsung Services 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, are your responsibility and that your use of any third party service are subject to the terms and conditions of use established by the respective third party service providers.
4.8 The Samsung Services may require you to download and install updates from time to time. You agree to such downloading and installation of updates as part of your use of the Samsung Services. Use of the Samsung Services will require your devices to have access or connection via mobile network or Internet (fees may apply), and may require you to obtain updates or upgrades from time to time. Because use of the Samsung Services involve hardware, software, and Internet access, your ability to use the Samsung Services may be affected by the reliability and performance of such system requirements. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. You also acknowledge that the Samsung Services will not be available in all countries or on all devices, and may be subject to restrictions imposed by your network carrier or Internet provider.
4.9 As part of the Samsung Services, Samsung may, from time to time, send or offer you the chance to redeem promotional gifts (“Promotional Gifts”). Promotional Gifts may be subject to eligibility requirements and may only be redeemed towards eligible Samsung or third party content and/or services during the period of time specified in the applicable offer, or through the applicable expiry date (to the extent permitted by applicable law. If a Promotional Gift gives you the option to download content, such content will be available under the “My Files” icon accessible under “Apps” on your home screen. Each Promotional Gift is associated with an individual Samsung Account. Promotional Gifts are non-transferable and non-exchangeable; they may not be sold or given away and are not redeemable for cash. A Promotional Gift has no cash value. If you cancel a redemption of a Promotional Gift, you will not be eligible for a new Promotional Gift. If you terminate or close your Samsung Account, all Promotional Gifts issued under that Samsung Account will be extinguished. All Promotional Gifts are void where prohibited by law. Expired Promotional Gifts will not be honored, except to the extent required by applicable law. Samsung reserves the right to cancel or modify Promotional Gifts in its sole discretion. In the event of such a cancellation or modification, Samsung will endeavor, but is not obligated to provide you with advance notice. Some Promotional Gifts may be rewarded in connection with a sweepstakes, contest, game, or other promotion. Such sweepstakes, contest, game or other promotion may be subject to additional terms and conditions.
4.10 As part of the Samsung Services, Samsung may also offer users the opportunity to participate in loyalty-based programs to those users who are eligible to participate in such programs. Such loyalty-based programs may be subject to additional terms and conditions. Samsung may determine a user’s eligibility to participate in such programs in its sole discretion.
5. Intellectual Property; Ownership
5.1 As part of the Samsung Services, Samsung may also offer users the opportunity to participate in loyalty-based programs to those users who are eligible to participate in such programs. Such loyalty-based programs may be subject to additional terms and conditions. Samsung may determine a user’s eligibility to participate in such programs in its sole discretion.
5.2 Samsung reserves the right to change the Samsung Services without notice. Without limiting the generality of the foregoing, and notwithstanding any other provision of the Samsung Services TOS, Samsung and its licensors reserve the right to modify, suspend, remove or disable your access to the Samsung Services, or discontinue the Samsung Services, in whole or in part, at any time without notice for any reason, and in no event shall Samsung be liable for any claims, costs or damages caused by or arising out of such actions.
5.3 We may, but have no obligation to monitor your use of the Samsung Services, your accounts, content, and communications that we determine in our sole discretion violates the Samsung Services TOS. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users.
5.4 The Samsung Services includes software and may also include other materials developed by third parties such as third party music and/or video content licensors.
6. Protection of Privacy and Content
You agree and acknowledge that you may be asked to provide certain personal information when you use the Samsung Services. The Privacy Policy governs how Samsung collects and uses your information and information relating to your use of the Samsung Services. Samsung may update the Privacy Policy from time to time, so please periodically review the Privacy Policy. To learn more about how Samsung protects and handles your personal data and other information provided by you, please carefully read Samsung’s Privacy Policy, located at [http://www.samsung.com/us/common/privacy.html], which forms an integral part of this the Samsung Services TOS.
7. Fees and Advertisement
Even though the Samsung Services are 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 Samsung Services.
8. 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 Samsung Services or products appearing on the Samsung Services by you or by any person that is not in accordance with the terms of the Samsung Services TOS; (ii) any breach of this the Samsung Services TOS by you or by any person that you allow to use the Samsung Services; 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 Samsung Services or products appearing on the Samsung Services.
9. Disclaimers
9.1 Disclaimer of Warranties. THE SAMSUNG SERVICES 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 SAMSUNG SERVICES, AND SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY (INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY AND NON-INFRINGEMENT) OR ANY PRODUCTS OR SERVICES RELATED TO THE SAMSUNG SERVICES.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT THE SAMSUNG SERVICES (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 SAMSUNG SERVICES, PRODUCTS, AND THE CONTENT MADE AVAILABLE THROUGH THE SAMSUNG SERVICES, INCLUDING BUT NOT LIMITED TO ANY CONTENT YOU OR ANY OTHER USER PROVIDES, ANY WEBSITES, SOCIAL MEDIA OR ANY OTHER RESOURCE LINKED TO THE SAMSUNG SERVICES, WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED OR THAT ANY CONTENT WILL BE UPDATED. YOU HEREBY ACKNOWLEDGE AND AGREE SAMSUNG SHALL OWE YOU NO REFUNDS OR EXCHANGES IN CONNECTION WITH ANY PRODUCTS APPEARING ON THE SAMSUNG SERVICES.
9.2 Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL 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, NEGLIGENCE, 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 SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, BREACH OF SECURITY ASSOCIATED WITH THE SAMSUNG SERVICES, FOR ANY USE OF PROMOTIONAL GIFTS, OR FOR ANY USER CONTENT, REVIEW, RATING, OR COMMUNICATIONS ON THE SAMSUNG SERVICES, 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 SAMSUNG SERVICES, 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 SAMSUNG SERVICES, TERMINATION OF YOUR USE OF THE SAMSUNG SERVICES IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
10. General Terms
10.1 Governing Law. These Samsung Services TOS, including all revisions and amendments thereto, shall 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.
10.2 Arbitration. By using the Samsung Services, 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 Samsung Services 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 shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in New York, New York; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of the Samsung Services TOS and any other agreements referenced herein that you have agreed to in connection with the Samsung Services; (v) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall 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 shall 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 shall remain in effect and shall 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 shall be null and void, and neither you nor Samsung shall be entitled to arbitrate the dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
10.3 Severability. If any term or provision of the Samsung Services TOS is held to be void or unenforceable by any judicial or administrative authority, such determination shall not affect the validity of enforceability of the remaining terms and provisions of the Samsung Services TOS. The remaining provisions of this Agreement shall remain in effect and shall be construed in accordance with its terms.
10.4 Survival. Sections 3, 5, 8, 9 and 10 of the Samsung Services TOS, and any other provision that by its nature should continue to be in effect, shall survive the expiration or earlier termination of the Samsung Services TOS and shall remain valid and binding.
10.5 Headings. . The headings contained in the Samsung Services TOS are for reference purposes only and shall not affect the meaning or interpretation of the Samsung Services TOS.
10.6 No Waiver. The failure of Samsung to enforce at any time any of the provisions of the Samsung Services TOS, or the failure by Samsung to require at any time performance by you of any of the provisions of the Samsung Services TOS, shall 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 Samsung Services TOS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
10.7 Third Party Sites and Services. We may offer links or other materials on the Samsung Services which allow you to browse or be redirected to a third party’s website or service, including without limitation, in-app chat within the Samsung Services, which is in part provided by Directly Software, Inc. We are not associated with, do not endorse, and are not responsible for the services, websites, or content of these third parties. If you have any questions about these other companies’ practices, you should review their terms of use and other policies, including, without limitation, those found at https://www.directly.com/legal/terms.
