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PRODUCT AND/OR THE ENCLOSED USER GUIDES AND/OR MANUALS,
EVEN IF TOSHIBA, OR AN AUTHORIZED TOSHIBA REPRESENTATIVE, ASP
(AS DEFINED BELOW) OR DEALER 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
CUSTOMER. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC
LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM COUNTRY/STATE/JURISDICTION TO COUNTRY/
STATE/JURISDICTION.
Standard Limited Warranty
Binding Arbitration
Customer and Toshiba acknowledge and agree that any claim, dispute, or controversy
(“Dispute”) between Customer and Toshiba arising from or relating to (i) this Limited
Warranty, including the validity of this binding arbitration provision, or (ii) the use of
the Product shall be resolved EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION
FORUM (“NAF”) UNDER NAF’S CODE OF PROCEDURE THEN IN
EFFECT. CUSTOMER UNDERSTANDS THAT, IN THE ABSENCE OF THIS
PROVISION, CUSTOMER WOULD HAVE HAD A RIGHT TO LITIGATE
DISPUTES THROUGH A COURT IN FRONT OF A JUDGE OR JURY,
INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR
CLASS-ACTION BASIS, AND THAT CUSTOMER HAS EXPRESSLY AND
KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY
DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH
THE PROVISIONS OF THIS PARAGRAPH.
NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS DO
NOT ALLOW A PRE-DISPUTE JURY TRIAL WAIVER OR A WAIVER OF
THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS
ACTION BASIS, SO THESE WAIVERS OR LIMITATIONS MAY NOT APPLY
TO CUSTOMER.
