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Samsung Gear Circle R130

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1. 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 This arbitration provision is entered pursuant to the Federal Arbitration Act The laws of the State of Texas without reference to its choice of laws principles shall govern the Warranty Information 15 interpretation of the Limited Warranty and all disputes that are subject to this arbitration provision The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the Limited Warranty 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 SAMSUNG 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 SAMSUNG shall pay the remainder of such fees Administrative
2. EPT AS SET FORTH IN THE EXPRESS WARRANTY CONTAINED ON THE WARRANTY PAGE ENCLOSED WITH THE PRODUCT THE PURCHASER TAKES THE PRODUCT AS IS AND SAMSUNG MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE PRODUCT INCLUDING BUT NOT LIMITED TO THE MERCHANTABILITY OF THE PRODUCT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE OR USE THE DESIGN CONDITION OR QUALITY OF THE PRODUCT THE PERFORMANCE OF THE PRODUCT THE WORKMANSHIP OF THE PRODUCT OR THE COMPONENTS CONTAINED THEREIN OR COMPLIANCE OF THE PRODUCT WITH THE REQUIREMENTS OF ANY LAW RULE SPECIFICATION OR CONTRACT PERTAINING THERETO NOTHING CONTAINED IN THE INSTRUCTION MANUAL SHALL BE CONSTRUED TO CREATE AN EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE PRODUCT IN ADDITION SAMSUNG SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM THE BREACH OF THE EXPRESS WARRANTY INCLUDING INCIDENTAL SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF ANTICIPATED PROFITS OR BENEFITS Samsung Telecommunications America STA LLC Address 1301 E Lookout Drive Richardson TX 75082 Phone 1 800 SAMSUNG 726 7864 Phone 1 888 987 HELP 4357 Internet Address Www samsung com 92014 Samsung Telecommunications America LLC Samsung is a registered trademark of Samsung Electronics Co Ltd Do you have questions about your Samsung Mobile Device For 24 hour information and
3. MOBILE DEVICE Health and Safety and Warranty Guide Please read this manual before operating your device and keep it for future reference GH68 42557A Warning This product contains chemicals known to the State of California to cause cancer and reproductive toxicity Intellectual Property All Intellectual Property as defined below owned by or which is otherwise the property of Samsung or its respective suppliers relating to the SAMSUNG mobile device including but not limited to accessories parts or software relating thereto the mobile device is proprietary to Samsung and protected under federal laws state laws and international treaty provisions Intellectual Property includes but is not limited to inventions patentable or unpatentable patents trade secrets copyrights software computer programs and related documentation and other works of authorship You may not infringe or R130_HS_English_PS_091614_R3 otherwise violate the rights secured by the Intellectual Property Moreover you agree that you will not and will not attempt to modify prepare derivative works of reverse engineer decompile disassemble or otherwise attempt to create source code from the software No title to or ownership in the Intellectual Property is transferred to you All applicable rights of the Intellectual Property shall remain with SAMSUNG and its suppliers Disclaimer of Warranties Exclusion of Liability EXC
4. MSUNG g defects or damage resulting from improper testing operation maintenance installation service or adjustment not furnished or approved by SAMSUNG including but not limited to installation of unauthorized software and unauthorized root access both of which shall void this limited warranty h defects or damage resulting from external causes such as Collision with an object fire flooding dirt windstorm lightning earthquake exposure to weather conditions theft blown fuse or improper use of any electrical source i defects or damage resulting from cellular signal reception or transmission or viruses 8 or other software problems introduced into the Product or j Product used or purchased outside the United States This Limited Warranty covers batteries only if battery capacity falls below 80 of rated capacity or the battery leaks and this Limited Warranty does not cover any battery if i the battery has been charged by a battery charger not specified or approved by SAMSUNG for charging the battery ii any of the seals on the battery are broken or show evidence of tampering or iii the battery has been used in equipment other than the SAMSUNG device for which it is specified What are SAMSUNG s obligations During the applicable warranty period provided the Product is returned in accordance with the terms of this Limited Warranty SAMSUNG will repair or replace the Product at SAMSUNG s sole optio
5. NTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCT WHETHER SUCH THIRD PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY SAMSUNG OR OTHERWISE RESPONSIBILITY FOR THE QUALITY CAPABILITIES OPERATIONS PERFORMANCE AND SUITABILITY OF ANY SUCH THIRD PARTY Warranty Information 13 SOFTWARE OR EQUIPMENT RESTS SOLELY WITH THE USER AND THE DIRECT VENDOR OWNER OR SUPPLIER OF SUCH THIRD PARTY SOFTWARE OR EQUIPMENT Nothing in the Product instructions or information shall be construed to create an express warranty of any kind with respect to the Products No agent employee dealer representative or reseller is authorized to modify or extend this Limited Warranty or to make binding representations or claims whether in advertising presentations or otherwise on behalf of SAMSUNG regarding the Products or this Limited Warranty This Limited Warranty gives you specific legal rights and you may also have other rights that vary from state to state What is the procedure for resolving disputes ALL DISPUTES WITH SAMSUNG ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE CONDITION OR 14 PERFORMANCE OF THE PRODUCTS 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 Product or claim and specifically without limitation of the foregoing shall
6. assistance we offer a new FAQ ARS System Automated Response System at www samsung com us support Table of Contents Section 1 Health Safety Information csccssseeeeesereees 2 FCC Part 15 Information to User 4 Section 2 Warranty Information 6 Standard Limited Warranty 6 ING OX 21 Section 1 Health Safety Information This section outlines the safety precautions associated with using your device The terms device or mobile device are used in this section to refer to your Gear Read this information before using your mobile device Caution The Gear Circle contains magnets in its earbuds The American Health Association US and the Medicines and Healthcare Products Regulatory Agency UK both warn that magnets can affect the operation of implanted pacemakers cardioverters defibrillators insulin pumps or other electro medical devices collectively Medical Device within the range of 15cm 6 inches If you are a user of any of these Medical Devices DO NOT USE THE GEAR CIRCLE UNLESS YOU HAVE CONSULTED WITH YOUR PHYSICIAN Health Safety Information FCC Part 15 Information to User Pursuant to part 15 21 of the FCC Rules you are cautioned that changes or modifications not expressly approved by Samsung could void your authority to operate the device This device complies with part 15 of the FCC Rules Operation is subject to the follow
7. cts are free from defects in material and workmanship under normal use and service Samsung Telecommunications America LLC 1301 E Lookout Drive Richardson Texas 75082 Phone 1 800 SAMSUNG 726 7864 Phone 1 888 987 HELP 4357 Standard Limited Warranty What is covered and for how long The warranty period commences upon the date of purchase by the first consumer purchaser and continuing for the following specified period of time after that date 6 Device 1 Year Battery ies 1 Year Other Accessories 1 Year If applicable What is not covered This Limited Warranty is conditioned upon proper use of the Product This Limited Warranty does not cover a defects or damage resulting from accident misuse abnormal use abnormal conditions improper storage exposure to liquid moisture dampness sand or dirt neglect or unusual physical electrical or electromechanical stress b scratches dents and cosmetic damage unless caused by SAMSUNG c defects or damage resulting from excessive force or use of a metallic object when pressing on a touch screen d equipment that has the serial Warranty Information 7 number or the enhancement data code removed defaced damaged altered or made illegible e ordinary wear and tear f defects or damage resulting from the use of Product in conjunction or connection with accessories products or ancillary peripheral equipment not furnished or approved by SA
8. ease provide warranty information proof of purchase to Samsung s Customer Care Center in order to provide this service at no charge If the warranty has expired on the device charges may apply No reproduction in whole or in part allowed without prior written approval Specifications and availability subject to change without notice 090114 20 Index H Health and Safety Information 2 Standard Limited Warranty 6 W Warranty Information 6 21
9. f any contents of the Product before delivering the Product to SAMSUNG for warranty service as some or all of the contents may be deleted or reformatted during the course of warranty service Warranty Information 11 What the limits SAMSUNG s liability THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF SAMSUNG S RESPONSIBILITIES AND THE EXCLUSIVE REMEDY REGARDING THE PRODUCTS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY IN NO EVENT SHALL SAMSUNG BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR FOR WITHOUT LIMITATION COMMERCIAL LOSS OF ANY SORT LOSS OF USE TIME DATA REPUTATION OPPORTUNITY GOODWILL PROFITS OR SAVINGS INCONVENIENCE INCIDENTAL SPECIAL CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT SOME STATES AND JURISDICTIONS DO NOT ALLOW 12 LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU SAMSUNG MAKES NO WARRANTIES OR REPRESENTATIONS EXPRESS OR IMPLIED STATUTORY OR OTHERWISE AS TO THE QUALITY CAPABILITIES OPERATIONS PERFORMANCE OR SUITABILITY OF ANY THIRD PARTY SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCT OR THE ABILITY TO I
10. facility and arbitrator fees for arbitrations in 16 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 Ina Large Claim case the arbitrator may grant to the prevailing party or apportion among the parties reasonable attorney fees expert witness fees and costs Judgment may be entered on the arbitrator s award in any court of competent jurisdiction This arbitration provision also applies to claims against SAMSUNG s employees representatives and affiliates if any such claim arises from the Product s sale condition or performance You may opt out of this dispute resolution procedure by providing notice to SAMSUNG no later than 30 calendar days from the date of the first consumer purchaser s purchase of the Product To opt out you must send notice by e mail to optout sta samsung com with the subject line Arbitration Opt Out You Warranty Information 17 must include in the opt out e mail a your name and address b the date on which the Product was purchased c the Product model name or model number and d the IMEI or MEID or Serial Number as applicable if you have it the IMEI or MEID or Serial Number can be found i on the Product box ii on the Product information screen which can be found under Settings iii on a label on the back of the Product beneath the battery if the bat
11. ing two conditions 1 This device may not cause harmful interference and 2 this device must accept any interference received including interference that may cause undesired operation Note This equipment has been tested and found to comply with the limits for a Class B digital device pursuant to part 15 of the FCC Rules These limits are designed to provide reasonable protection against harmful interference in a residential installation This equipment generates uses and can radiate radio frequency energy and if not installed 4 and used in accordance with the instructions may cause harmful interference to radio communications However there is no guarantee that interference will not occur in a particular installation If this equipment does cause harmful interference to radio or television reception which can be determined by turning the equipment off and on the user is encouraged to try to correct the interference by one or more of the following measures Reorient or relocate the receiving antenna e Increase the separation between the equipment and receiver Connect the equipment into an outlet on a circuit different from that to which the receiver is connected Consult the dealer or an experienced radio TV technician for help Health Safety Information 5 Section 2 Warranty Information SAMSUNG TELECOMMUNICATIONS AMERICA LLC SAMSUNG warrants that SAMSUNG s devices and accessories Produ
12. n without charge SAMSUNG may at SAMSUNG s sole option use rebuilt Warranty Information 9 reconditioned or new parts or components when repairing any Product or may replace the Product with a rebuilt reconditioned or new Product Repaired replaced cases pouches and holsters will be warranted for a period of ninety 90 days All other repaired replaced Products will be warranted for a period equal to the remainder of the original Limited Warranty on the original Product or for ninety 90 days whichever is longer All replaced Products parts components boards and equipment shall become the property of SAMSUNG Except to any extent expressly allowed by applicable law transfer or assignment of this Limited Warranty is prohibited What must you do to obtain warranty service To obtain service under this Limited Warranty you must return the Product to an authorized phone service facility in an adequate container for shipping 10 accompanied by the sales receipt or comparable proof of sale showing the original date of purchase the serial number of the Product and the seller s name and address To obtain assistance on where to deliver the Product please call SAMSUNG Customer Care at 1 888 987 4357 If SAMSUNG determines that any Product is not covered by this Limited Warranty you must pay all parts shipping and labor charges for the repair or return of such Product You should keep a separate backup copy o
13. tery is removable and iv on the outside of the Product if the battery is not removable Alternatively you may opt out by calling 1 888 987 4357 no later than 30 calendar days from the date of the first consumer purchaser s purchase of the Product and providing the same information These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way and you will continue to enjoy the benefits of the Limited Warranty Severability If any portion of this Limited Warranty is held to be illegal or unenforceable such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Limited Warranty Precautions for Transfer and Disposal If data stored on this device is deleted or reformatted using the standard methods the data only appears to be removed a superficial level and it may be possible for someone to retrieve and reuse the data by means of special software To avoid unintended information leaks and other problems of this sort it is recommended that the device be returned to Samsung s Customer Care Center for an Warranty Information 19 Extended File System EFS Clear which will eliminate all user memory and return all settings to default settings Please contact the Samsung Customer Care Center for details Important Pl

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