Samsung VIP Advantage Membership Program

 TERMS AND CONDITIONS

[Updated as of October 24, 2024]

 

PLEASE READ CAREFULLY. By enrolling in this program, you agree to the following terms and conditions (“Terms and Conditions”) that govern the Samsung VIP Advantage Membership Program. These Terms and Conditions are between you (“you” or “your”) and Samsung Electronics America, Inc.  and/or its affiliates or authorized third party service providers (“Samsung” or “us” or “we”) and govern your respective rights and obligations. These Terms and Conditions, together with the applicable terms related to using Samsung.com, the Samsung privacy policy, and any services, special pricing, promotional offers or other benefits, including Samsung Care+ benefits, provided to you in connection with the Samsung VIP Advantage Membership Program, or for use of the Samsung VIP Advantage Membership Program, constitute the entire agreement between you and Samsung related to the Samsung VIP Advantage Membership Program. We may make changes to these Terms and Conditions or terminate the Samsung VIP Advantage Membership Program. If we make changes or terminate the program, we will notify you either by email and/or by posting the new terms at Samsung VIP Advantage Membership Program/PlanTerms (on this site, navigate to the latest Samsung VIP Advantage Membership Program terms).

THE VIP ADVANTAGE MEMBERSHIP PROGRAM WILL AUTOMATICALLY RENEW ON A YEAR-TO-YEAR BASIS. PLEASE SEE SECTION E. FOR DETAILS.  

A. Overview of Samsung VIP Advantage Membership Program

Samsung offers a Samsung rewards loyalty program (“Samsung Rewards“) through which eligible individuals who have a valid Samsung Account ID, may earn points (“Point(s)” or “Rewards Point(s)”) that will be credited to Participant's (as defined below) Samsung Rewards Account (“Rewards Account"). Samsung Rewards is Samsung’s tiered loyalty program in the United States. It consists of four tiers: Silver, Gold, Platinum, and VIP Advantage. The lower three tiers are free to join and are based on your historical rewards Point earnings on Samsung.com. The Samsung VIP Advantage Membership Program (the "Program") is a paid, fourth tier that includes Platinum perks, plus exclusive premium benefits for members accessed by purchasing a tier upgrade that will be renewed each year unless cancelled.

B. Eligibility and Participation in the Program

1. The Program is open to legal residents of the fifty (50) United States and the District of Columbia who are at least thirteen (13) years of age or older and have a valid Samsung Account ID from Samsung.com (“Participant(s)”). AN ELIGIBLE MINOR SHOULD HAVE THEIR PARENT’S OR LEGAL GUARDIAN’S PERMISSION TO PARTICIPATE. Void where prohibited by law. Samsung Accounts are free to create and maintain and will be subject to the Samsung Account terms available at https://account.samsung.com/membership/terms. If you do not have a Samsung Account, visit www.Samsung.com and follow the links and instructions to create an account. NOTE: Your Samsung Account profile must include your first and last name and email address. If your Samsung Account does not meet this requirement, you may be suspended from the Program.

2. Registration: Participants can purchase a Program membership on https://117.p.syniva.es/us/rewards/vip-advantage/ and by upgrading your Samsung Rewards tier through your My Rewards page. Continued participation in the Program constitutes each Participant's continued full and unconditional agreement to these Program Terms and Conditions, as they may be updated from time to time and representation that Participant meets the eligibility requirements set out in these Terms and Conditions. Those who do not comply with these Terms and Conditions may be prohibited from participating in the Program as determined by Samsung in its sole discretion. There is a limit of one (1) Program account per person/e-mail address, regardless of whether more than one person uses the same e-mail address. The person who is the authorized e-mail account holder of the e-mail address indicated in the Samsung Account (and who otherwise meets the eligibility criteria) will be deemed the Participant.

3. Participant's Personal Information. To learn how Samsung will use the personal information collected in connection with the Rewards Account and/or this Program, read Samsung’s Privacy Policy available at https://117.p.syniva.es/us/account/privacy-policy/.

4. Notifications. Receive Notifications from Samsung:

By accepting these Terms and Conditions and enrolling in the Program, Participants hereby agree to receive email messaging to the email address associated with their Samsung Account as set forth in Samsung’s Privacy Policy
(https://account.samsung.com/membership/pp) and/or push notification messages to their Mobile Device and Shop Samsung App from Samsung for promotional, information and/or other purposes. To manage notification settings for Samsung Account, go to “Preferences” at https://account.samsung.com/membership/contents/profile/profile-gate.

VIP Care T&C: https://rg2.samsungcareplus.com/us#/
E-Comm. T&C: https://117.p.syniva.es/us/common/legal/

5. Electronic delivery. You agree to receive electronic delivery of these Terms and Conditions, which will be deemed delivered to you (a) when you enrolled and purchased the Program by their availability at Samsung VIP Advantage Membership Program/PlanTerms; and (b) when sent to you via a link to your Samsung Account registered email address you provide to us. You also agree to receive electronic delivery of protection plans and related communications when sent to your Samsung Account registered email provided to us.

6. As permitted by law, Participants may submit privacy rights requests using the Samsung Privacy Portal available at. https://117.p.syniva.es/us/account/privacy-policy/.  If Participants submit a request to delete their Program account, all applicable data associated with the Program account will be permanently deleted in accordance with applicable laws. Participants forfeit their Program benefits (other than as set forth herein) and Samsung will not be able to provide any customer service related to any previous transactions associated with Program account once a deletion request has been submitted. If Participant elects to re-enroll in the Program after they have deleted their Program account, they may do so, but will need to re-enroll in the Program in accordance with the Program Terms and Conditions as set forth herein.

C. Duration, Modification and Termination of the Program

1. Samsung reserves the right to suspend or modify the Program, at its discretion, at any time with notice. Termination, modification or suspension may affect a Participant's ability to redeem Program benefits. Your Samsung Care+ plan may continue unless cancelled according to its terms.

2. A Participant's continued participation in the Program constitutes their acceptance of any changes to these Terms and Conditions.

D. Program Components. Upon payment of the Program fee of $149.99, you will upgrade your tier status to become a Participant in the Program. We will provide the Program membership benefits to the person who is identified as the member of the Program at your primary home address beginning with the date of your upgrade to the VIP Advantage membership program.Any Program membership Benefits that are to be received in, or delivered to, the home, will only be available at the primary home address associated with this Program membership, which must be located in the fifty states of the United States or District of Columbia. VIP membership or benefits cannot be transferred to any other person or Samsung Account. The availability to purchase the Program membership, and receive certain Program membership benefits, is limited to designated sales channels and will not be available where prohibited by law. The purchase of Program membership is not currently being offered, and will not be valid, to persons residing outside of the fifty states of the United States and the District of Columbia (e.g., it is not available in Puerto Rico or for purchase by Puerto Rico residents). You will have access to the following benefits for a one-year period from your Program enrollment date as follows:

        1.         Samsung Rewards earning at a rate of three percent (3%) from eligible Samsung.com purchases.

        2.         Early access offers for Discover Samsung Events, product launches, Samsung.com sales events, and various Samsung events.

        3.         Free simple installation, and haul-away for certain eligible appliances and 50% off installation for complex products and television mounts from Samsung*

        4.         You will have access to a specially-trained support line where you will receive advice, customer service, and coordination via phone or chat. The support line will be staffed with a team of highly-skilled resources for use of dedicated VIP order and post-purchase support.

        5.         Samsung service contract coverage (“Samsung Care+”) service plan with eligible product purchases

                    a.         Hand Held Products, watches, appliances and television categories. (Annual limits will apply) *

        * Product Service Eligibility and Caps per Term

Product

Install/Mount

Haul

Care+

 Electric Ranges

X

X

X1

 Gas Ranges

X*

X

X1

 Dishwasher

X*

X

X1

 Dryer – Electric

X

X

X1

 Dryer – Gas

X*

X

X1

 Top Load Laundry

X

X

X1

 Front Load Laundry

X

X

X1

 Ref

X

X

X1

 Vacuum

     

 TV

X*

 

X1

 HHP

   

X

 Wearables

   

X

 PC/Tablets/Buds

   

X

 Total cap for each service category

4

4

4

* 50% complex installation discount
[1] $1 Care+ 2 Yr. coverage


Following Care+ SKUs are included in membership

 Warranty Sku

 Description

 520500

 TV 1YR EXT $0-$499

 520501

 TV 1YR EXT $500-$999

 520502

 TV 1YR EXT $1000-$1999

 520503

 TV 1YR EXT $2000-$3999

 520504

 TV 1YR EXT $4000-$5999

 520600

 The Ark 2YR $3000-$3999

 520602

 WallOven 1YR $0-$1999

 520603

 WallOven 1YR $2000-$3999

 520096

 Samsung Care+ Range /Cooktop-Elec 1YR MPOS

 520098

 Samsung Care+ Range /Cooktop-Gas 1YR MPOS

 520100

 Samsung Care+ DishSamsung Care+ Washer In Home 1YR MPOS

 520102

 Samsung Care+ Dryer  In Home 1YR MPOS All

 520104

 Top Load Samsung Care+ Washer 1YR MPOS

 520106

 Front Load Samsung Care+ Washer 1YR MPOS

 520108

 Samsung Care+ Refrigerator SxS 1YR MPOS

 USAPRD20221216000425

 $0 - $499.99 HHP Tier 1

 USAPRD20221216000503

 $500 -$ 999.99 HHP Tier 2

 USAPRD20231127000333

 $1,000 - $1,599.99 HHP Tier 3

 USAPRD20231127000256

 $1,600+ HHP Tier 4

 USAPRD20221216000933

 $0 - $499.99 Watch Tier 1

 USAPRD20240117000444

 E-store Smartphone Tier2 Singlepay Unlimited Renewal

 USAPRD20240117000746

 E-store Smartphone Tier3 Singlepay 3Peril Unlimited Renewal

 USAPRD20240117000870

 E-store Smartphone Tier4 Singlepay Unlimited Renewal

 USAPRD20230203000412

 US E-Store Earbuds Tier1 Singlepay Unlimited

 USAPRD20221216000648

 US E-Store NotePC Tier4 Singlepay Unlimited

 USAPRD20221216000288

 US E-Store NotePC Tier3 Singlepay Unlimited

 USAPRD20221216000466

 US E-Store NotePC Tier2 Singlepay Unlimited

 USAPRD20221216000360

 US E-Store NotePC Tier1 Singlepay Unlimited

 USAPRD20221216000563

 US E-Store Tablet Tier3 Singlepay Unlimited

 USAPRD20221216000144

 US E-Store Tablet Tier2 Singlepay Unlimited

 USAPRD20221216000734

 US E-Store Tablet Tier1 Singlepay Unlimited

 USAPRD20220618000041

 US E-Store NotePC Tier1 Singlepay

 

Following Care+ SKU restricted at 1 per member per membership term

Warranty Sku

Description

SPS SKU

 USAPRD20231127000256

 $1,600+ HHP Tier 4

 

 USAPRD20240117000870

 E-store Smartphone Tier4 Singlepay Unlimited Renewal

 

 

Free Installation SKU

 Sku #

 Product display name

 ha-haul-awy

 haul away old appliance

 ha-inst-bespoke00

 install bespoke refrigerator

 ha-inst-dresser00

 air dresser installation

 ha-inst-dry0e

 install dryer – electric

 ha-inst-was00 

 install washer

 ha-inst-ref00

 install refrigerator

 ha-inst-rng0e 

 install range - electric

 l-inst/b1-sba

 sound bar installation

 

50% discounted Installation

 Sku #

 Product display name

 ha-inst-dry0g

 install dryer – gas

 ha-inst-dsh00

 install dishwasher

 ha-inst-mwo00

 install microwave - otr

 ha-inst-rng0g

 install range – gas

 l-inst/a1-eq55

 professional tv mounting

 l-inst/a1-lt55

 professional tv mounting

 

Excluded Installation SKU

 Sku #

 Product display name

 pr-shnftaa1

 indoor led installation – s.com standard quote

 pr-shnfcaa1

 indoor led installation – s.com add on 3 (ak or hi location)


Excluded Care+ SKU

Sku #

Product display name

LD-EXT1-PB6-PC

TV 1YR EXT $6000-$7999

LD-EXT1-PB7-PC

TV 1YR EXT $8000-$9999

LD-EXT1-PB8-PC

TV 1YR EXT $10000-$14999

LD-EXT1-PB9-PC

TV 1YR EXT $15000-$19999

WOC-EXT24P-PB3-L00

Wall Oven 1YR $4000-$5499

WOC-EXT24P-PB4-L00

Wall Oven 1YR $5500-$6999

        

Samsung Care + Benefit. Program members are entitled to receive Samsung Care+ coverage in the form of a Samsung Care+ plan for eligible products, which must be added at the point of product purchase on samsung.com or the Shop App. Products not purchased on samsung.com or the Shop App or purchased prior to the date of your enrollment in the Samsung Advantage VIP Membership Program are not eligible for the above VIP program Samsung Care+ benefits. Upon acceptance of the relevant Samsung Care+ plan in connection with each qualifying product purchase, the Samsung Care+ plan will continue for up to two (2) years (1 year Samsung’s manufacturer’s warranty + 1 year extended warranty by Assurant or Servify) following the relevant Samsung Care+ plan coverage start date, provided that your Samsung Care+ plan is not cancelled according to its terms. SamsungCare+ with Theft and Loss insurance is not included but may be purchased separately on certain mobile products. Please note that all Samsung Care+ plans will be established in the name of the primary membership account holder if the eligible product purchase transaction is validly identified by the purchaser as being associated with a Program membership, even in cases where you purchased an eligible product (to which a Samsung Care+ plan attached) for someone else as a gift.

Plan Terms and Conditions. The complete, current terms and conditions for Samsung Care+ plan can be found at Samsung Care+ Terms and Conditions

[https://us.servify.tech/termsandconditions/samsung/samsung-b2c].

[https://117.p.syniva.es/us/support/samsung-care-plus/service-contract-terms-and-conditions/]. For clarity, when you make a product purchase that is eligible for the Samsung Care+ plan, the then-current version of the terms and conditions for Samsung Care+ will apply and govern the Samsung Care+ Terms coverage for such eligible product, including any updated coverage, pricing and service fees. While your Program membership is active, if you voluntarily purchase a different customer-paid service contract (e.g., a multi-year, one-time-pay plan) on a product that would have been eligible for the Samsung Care+ plan under your Program membership, any claims and coverage on that product must be processed under that separately-paid service contract and not through your Program membership.

E. AUTOMATIC ANNUAL RENEWAL

YOUR PROGRAM MEMBERSHIP BEGINS ON THE DATE IT IS INITIALLY PURCHASED AND WILL RENEW AUTOMATICALLY ON A YEAR-TO-YEAR BASIS UNTIL IT IS CANCELLED BY YOU BEFORE THE END OF THE CURRENT TERM. YOU AUTHORIZE US TO CHARGE YOUR DESIGNATED PAYMENT CARD ON FILE AT THE BEGINNING OF EACH YEARLY BILLING PERIOD IN THE AMOUNT OF $[$149.99], SUBJECT TO US GIVING NOTICE TO YOU OF ANY PRICE CHANGES PRIOR TO THE BEGINNING OF EACH YEARLY BILLING PERIOD, WE WILL SEND YOU A REMINDER TO YOUR SAMSUNG ACCOUNT REGISTERED EMAIL IN ADVANCE OF YOUR MEMBERSHIP RENEWAL THAT YOUR DESIGNATED PAYMENT CARD WILL BE CHARGED AT THE START OF THE UPCOMING YEARLY BILLING PERIOD UNLESS YOU CANCEL YOUR MEMBERSHIP BEFORE THAT DATE.

F. Cancellations and Refunds

You can cancel your membership by managing your subscription on your My Rewards page. You may be entitled to a refund of your membership fee based on when you cancel your membership unless prohibited by local law.

1.     If you cancel within thirty (30) days of enrollment in the Program, you will be entitled to a refund equal to the amount paid for your annual Program membership fee, provided no products have been purchased or accepted post-delivery while an active Program member, OR you will be entitled to a refund equal to the amount paid for your annual Program membership fee provided that all purchased product(s) have been returned within standard Samsung return period while an active member, OR you will be entitled to a refund equal to the amount paid for your annual Program membership fee provided that all purchased product(s) orders have been cancelled prior to shipment of such product(s) while an active member. Your Program membership will be cancelled and you will be downgraded to the applicable unpaid Samsung Rewards tier based on your historical accumulation of Rewards Points upon the expiration of your Program membership.  If you cancel the Program within 30 days of enrollment in the Program, you may be entitled to a refund and Auto-renewal will be turned off.

2.     If you cancel within thirty (30) days of enrollment in the Program, you will not be entitled to any refund for your annual Program membership fee and will not be entitled to Samsung Care+ plan refund, if products have been purchased or accepted post-delivery while an active Program member, OR you have not returned purchased products within standard Samsung return period while an active member, OR some or all of your purchased products have not been cancelled prior to shipment of such product(s) while an active member. Your Program membership will be cancelled and you will be downgraded to the applicable unpaid Samsung Rewards tier based on your historical accumulation of Rewards Points upon the expiration of your Program membership. Auto-renewal will be turned off upon the cancellation or expiration of your Program membership.

3.     If you cancel after thirty (30) days of enrollment in the Program, you are not entitled to a refund of your annual Program membership fee, but your Program membership will be cancelled and you will be downgraded to the applicable unpaid Samsung Rewards tier based on your historical accumulation of Rewards Points upon the expiration of your Program membership. Certain exceptions apply to cancellations outside of the thirty (30) day window as follows:

A.    Exceptions to the above are as follows:

        i. You will receive a one hundred (100%) customer satisfaction refund after thirty (30) days if the product purchased is within 30 days following program membership enrollment:

            a. The product(s) you ordered while an active Program member have not been delivered within thirty (30) days following Program membership enrollment and you would like to cancel your order of those products and the Program membership OR;

            b. A product(s) shipment delay of 4+ weeks results in a delivery acceptance date and standard return period that exceeds thirty (30) days post Program enrollment,

            c. You receive a damaged product(s), and are not accepting a replacement.

            d. Any 2 year Care+ received through the benefit of the VIP program will be immediately cancelled and you may be entitled to a refund.

4.     You may cancel Care+ plan at any time. Cancelling VIP Membership does not cancel Care+ plan. Refer to the complete Samsung Care+ Terms and Conditions
[https://us.servify.tech/termsandconditions/samsung/samsung-b2c]  and/or https://117.p.syniva.es/us/support/samsung-care-plus/service-contract-terms-and-conditions/] for more details.

5.     How to Cancel the Program? You may cancel the Program at any time online by visiting [Samsung.com/Samsung VIP Advantage Membership Program/PlanTerms].

In the event of such cancellation, Samsung will not be obligated to pay any portion of VIP Program membership fees,

G. General Terms and Conditions

1. Samsung reserves the right to suspend or discontinue the eligibility of any person who uses, or is suspected of using, the Program in a manner inconsistent with these Terms and Conditions or any federal or state laws, statutes or ordinances. In addition to suspension or discontinuance of the Program eligibility, Samsung shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.

2. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, Samsung reserves the right to seek damages from any such person to the fullest extent permitted by law. Samsung’s failure to enforce any of these Terms and Conditions shall not constitute a waiver of that, or any other, provision.

3. The Program is provided to individuals only. Corporations, associations, including school organizations, or other groups may not participate in the Program.

4. All questions or disputes regarding eligibility for the Program or a Participant’s compliance with these Terms and Conditions will be resolved by Samsung in its sole discretion.

5. Samsung is not responsible for any incorrect or inaccurate information supplied by Participants while participating in the Program.

6. Participants are responsible for the payment of any and all taxes which may result from participation in the Program.

7. Participants are responsible for maintaining updated contact information associated with their Samsung Account ID.  

8. The Program is subject to all applicable laws and regulations. Void where prohibited.

9. Services may be performed, at our discretion, by either our own employees or one of our authorized, independent third party contractors. We require our third party contractors to conduct a background check on any person they hire who would enter your home.

10. You will respond to our requests for information such as the product serial number, model, version of the operating system and software installed, any peripheral devices connected or installed on the product, any error messages displayed, the actions taken before the product experienced the issue, and the steps taken to resolve the issue.

11. Services we perform concerning your products or in your home are subject to other terms and conditions, which we will make available to you via our website or upon your request. Such other terms and conditions do not form a part of these Terms and are a separate legal document.

12. You will provide access to any devices, appliances, products, or equipment requiring technical support or service during Samsung’s normal business hours for us to provide support and/or services.

13. You must provide a safe, non-threatening environment for us to provide technical support and/or services.

14. You must maintain an active payment method on file at all times during your Program membership, as it is an auto- renewing plan. Failure to maintain an active payment method on file may result in cancellation of your Program membership and loss of Program benefits, excluding any existing Samsung Care+ plan(s) which may continue unless cancelled according to its terms.

H. Limitation of Liability

1. Samsung, and its parent, subsidiary, affiliate, franchisees, and related companies, and each of its and their respective officers, directors, employees, shareholders, agents and promotional and advertising agencies, successors, assigns (collectively the “Released Parties”) are not responsible for any printing or computer error, omission, interruption, irregularity, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alteration of Program materials or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of Program information due to technical problems or traffic congestion on the internet, at any web site or any combination thereof. In the event that Samsung.com, the Shop Samsung App, the Pay App and/or the Program is temporarily corrupted or suspended, notice of such will be provided and Participants will be advised to that purchases during this time period completed will not generate Program benefits for the Participant.

2. By participating in the Program, each Participant accepts all responsibility for, and hereby releases and agrees to indemnify and hold harmless Samsung and their respective parent companies, subsidiaries, affiliates, agents, promotion and advertising agencies, including, franchisees, and each of their respective officers, directors, employees, shareholders, and successors, assigns, and service providers from and against any claims, liabilities, damages, or expenses that may arise from actions taken by such Participant and/or Participant’s participation in the Program, or for any harm or injury caused by any third party.

3. IN NO EVENT SHALL RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT PARTICIPANT HEREBY WAIVES ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS LICENSORS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SAMSUNG’S CUMULATIVE LIABILITY TO PARTICIPANT ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS; OR (B) $1,000. THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

4. As a condition of participating in the Program, Participant agrees that, except where prohibited, any and all disputes, claims and causes of action arising out of, or connected with, the Program or any item purchased therein shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, Participant’s rights and obligations, or the rights and obligations of Samsung in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of New York.

I. Dispute Resolution Agreement

These Terms and Conditions include a binding Dispute Resolution Agreement, which includes an arbitration provision.  The Dispute Resolution Agreement can be found at https://117.p.syniva.es/us/support/legal/mobile/ and is incorporated herein.  Please review the Dispute Resolution Agreement carefully.  It affects your rights.  There is a limited 30 day right to opt out of the arbitration provision.  If a dispute cannot be resolved through the mandatory informal dispute resolution process (which includes a telephone settlement conference, if requested), Samsung and its customers agree to address the dispute through binding individual arbitration (unless customers have timely opted out of the provision) or in small claims court where the customers reside.  Class and representative proceedings are not allowed.  In arbitration, a neutral decision maker (called an arbitrator) will hear both sides of a dispute and issue a binding decision.  There is no judge or jury in arbitration and the arbitrator applies the same law and can award the same individual remedies as a court.  The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone. 

5. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.

6. Limitations of Service.

We shall not be liable for any failure or delay in performance due to any cause beyond our control. We may refrain from providing services under your Program membership, wholly or in part, on the basis that the minimum system requirements are not met or if your technical needs or other requirements are unusual or extensive and beyond the scope of these Terms and Conditions, as determined by us.

7. Disclaimer of warranties.

THE SERVICES AND BENEFITS PROVIDED UNDER YOUR PROGRAM MEMBERSHIP ARE PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES AND BENEFITS PROVIDED UNDER YOUR PROGRAM MEMBERSHIP WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES AND BENEFITS PROVIDED UNDER YOUR PROGRAM MEMBERSHIP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND BENEFITS PROVIDED UNDER YOUR PROGRAM MEMBERSHIP OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES AND BENEFITS PROVIDED UNDER YOUR PROGRAM MEMBERSHIP. YOUR USE OF THE SERVICES AND BENEFITS PROVIDED UNDER YOUR PROGRAM MEMBERSHIP AND ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES AND BENEFITS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER/SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES AND BENEFITS PROVIDED UNDER YOUR PROGRAM MEMBERSHIP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. Entire Agreement

These Terms and Conditions together with and the applicable terms related to using Samsung.com, our privacy policy, the Samsung Account terms, and any services, special pricing, promotional offers or other benefits, including Samsung Care+, provided to you in connection with the membership, or for use of the membership, constitute the entire agreement between you and us with respect to the services and benefits to be to be provided to you under the Program and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression.

©2024 Samsung Electronics America, Inc. Samsung, and Samsung Pay are registered trademarks of Samsung Electronics Co., Ltd.