Warranty

AUTHORIZED TOSHIBA REPRESENTATIVE, AUTHORIZED SERVICE PROVIDER
OR RESELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
OR OF ANY CLAIM BY ANY OTHER PARTY. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES FOR SOME PRODUCTS, SO THE EXCLUSIONS OR LIMITATIONS
MAY NOT APPLY TO YOU. TOSHIBA, ITS AFFILIATES AND SUPPLIERS DO NOT
WARRANT THAT OPERATION OF THIS PRODUCT WILL BE UNINTERRUPTED OR
ERROR FREE.
This Product is not designed for any “critical applications.” “Critical applications”
means life support systems, medical applications, connections to implanted medical
devices, commercial transportation, nuclear facilities or systems or any other
applications where product failure could lead to injury to persons or loss of life or
catastrophic property damage. ACCORDINGLY, TOSHIBA DISCLAIMS ANY AND
ALL LIABILITY ARISING OUT OF THE USE OF THE PRODUCT IN ANY CRITICAL
APPLICATION. YOU ASSUME FULL RESPONSIBILITY FOR USE OF THE PRODUCT
IN A CRITICAL APPLICATION.
How Do We Resolve Disputes? We endeavor to resolve customer disputes in a
fair and professional manner. In the unlikely event that we are unable to resolve
a dispute, You and Toshiba agree to resolve any Claims between us only by
BINDING ARBITRATION except as otherwise provided in the “Exceptions”
paragraph below. For the purposes of this How Do We Resolve Dispute Section,
references to “Toshiba” means Toshiba America Information Systems, Inc., its
parents, subsidiaries and aliates, and each of their ocers, directors, employees,
agents, beneciaries, predecessors in interest, successors, assigns and suppliers,
references to “You” include all those in privity with You, including Your family
members, beneciaries, and assigns, and references to “Claim” shall include any
dispute, claim or controversy arising from or relating to: (1) the Product, including
advertising for the Product, whether based in contract, tort, statute, regulation,
ordinance, fraud, misrepresentation or any other legal or equitable theory; (2) this
Limited Warranty; and (3) the subject of any purported class action litigation in which
you are not a member of a certied class.
ARBITRATION MEANS THAT YOU AND TOSHIBA ARE EACH WAIVING THE
RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
The arbitration will be conducted under the Streamlined Arbitration Rules of JAMS
that are in eect at the time the arbitration is initiated (referred to as the “JAMS
Rules”) and under the rules set forth in this section. The JAMS Rules are available
online at jamsadr.com/rules-streamlined-arbitration. If there is a conict between
the JAMS Rules and the rules set forth in this section, the rules set forth in this
section will govern. This Dispute Resolution agreement evidences a transaction
in interstate commerce and, thus, the Federal Arbitration Act governs the
interpretation and enforcement of this provision. The arbitrator is bound by the
terms of this Dispute Resolution Section.
To start an arbitration, You or we must: (1) Write a Demand for Arbitration (see copy
at jamsadr.com). The Demand must include a description of the Claim and the
amount of damages sought to be recovered. You may, in arbitration, seek any and
all remedies otherwise available to You pursuant to Your state’s law, (2) Send three
copies of the Demand, plus the appropriate ling fee, to: JAMS, 500 North State
College Blvd., Suite 600, Orange, CA 92868 (1-800-352-5267), and (3) Send one
copy of the Demand to the other party.
Fees/Costs. After receipt of Your arbitration notice, Toshiba will promptly reimburse
You for Your arbitration ling fee unless You seek more than $75,000 in damages, in
which case, the payment of these fees will be governed by the JAMS Rules. Except
as otherwise provided for herein, Toshiba will pay all JAMS administration and