Warranty

IN NO EVENT WILL TOSHIBA, ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE
PRODUCT. THIS LIMITATION APPLIES TO DAMAGES OF ANY KIND WHATSOEVER
INCLUDING (1) DAMAGE TO, OR LOSS OR CORRUPTION OF, YOUR RECORDS,
PROGRAMS, DATA OR REMOVABLE STORAGE MEDIA, OR (2) ANY DIRECT OR INDIRECT
DAMAGES, LOST PROFITS, LOST SAVINGS OR OTHER SPECIAL, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER FOR BREACH OF WARRANTY,
CONTRACT, TORT OR OTHERWISE, OR WHETHER ARISING OUT OF THE USE OF OR
INABILITY TO USE THE PRODUCT AND/OR THE USER GUIDES AND/OR MANUALS,
EVEN IF TOSHIBA, OR AN 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. FURTHER, TOSHIBA RESERVES THE RIGHT TO
REFUSE TO SERVICE ANY PRODUCT USED IN A CRITICAL APPLICATION, AND
DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF TOSHIBA’S SERVICE OR
REFUSAL TO SERVICE THE PRODUCT.
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 affiliates, and each of their officers, directors, employees, agents, beneficiaries, predecessors in
interest, successors, assigns and suppliers, references to “You” include all those in privity with You,
including Your family members, beneficiaries, 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 certified 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 effect 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
conflict 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 filing 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.