Warranty

arbitrator fees for any arbitration initiated in accordance with the notice requirements

herein. Other fees, such as attorneys’ fees and expenses of travel to the arbitration,

will be paid in accordance with the JAMS Rules. If the arbitrator nds either the

substance of Your Claim or the relief sought in the demand is frivolous or brought

for an improper purpose (as measured by the standards set forth in Federal Rule of

Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS

Rules. In such a situation, You agree to reimburse Toshiba for all monies previously

disbursed by it that are otherwise Your obligation to pay under the JAMS Rules.

Except as otherwise provided for herein, we waive any rights we may have under

the JAMS Rules to seek attorneys’ fees and costs from You if we prevail in the

arbitration.

Hearings and Location. If Your claim is for $10,000 or less, You may choose to

have the arbitration conducted solely on the basis of (1) documents submitted to

the arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing as

established by the JAMS Rules. If Your claim exceeds $10,000, the right to a hearing

will be determined by the JAMS Rules. Any in-person arbitration hearings will be

held at a location in the county (or parish) of Your residence unless You and we both

agree to another location or we agree to a telephonic arbitration.

Arbitrator’s Decision. (1) All issues are for the arbitrator to decide, except that issues

relating to the scope and enforceability of the arbitration provision are for the court

to decide. (2) Regardless of the manner in which the arbitration is conducted, the

arbitrator shall issue a reasoned written decision sucient to explain the essential

ndings and conclusions on which the award is based. (3) The arbitrator’s decision

is nal and binding on all parties and may be enforced in any federal or state court

that has jurisdiction. (4) The arbitrator may award declaratory or injunctive relief

only in favor of the individual party seeking relief and only to the extent necessary

to provide relief warranted by that party’s individual claim. (5) YOU AND TOSHIBA

AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR

OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER

IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further,

unless both You and Toshiba agree otherwise, the arbitrator may not consolidate

more than one person’s claims, and may not otherwise preside over any form of a

representative or class proceeding. Accordingly, You and we agree that the JAMS

Class Action Procedures do not apply to our arbitration. If this specic provision (5)

is found to be unenforceable, then the entirety of this Dispute Resolution agreement

shall be null and void.

Exceptions. Notwithstanding the foregoing, either party may bring an individual

action in small claims court. The arbitration provision above also does not preclude

You from bringing issues to the attention of federal, state, or local agencies. Such

agencies can, if the law allows, seek relief against us on Your behalf.

Toshiba America Information Systems, Inc.

Digital Products Division

P.O. Box 19724, Irvine, California 92623-9724

toshiba.com