Toshiba MET400-PK User Guide - Page 122
Binding Arbitration
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One (1) Year Standard Limited Warranty for Toshiba Portable Media Players 5 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. Should either party bring a Dispute in a forum other than NAF, the arbitrator may award the other party its reasonable costs and expenses (including but not limited to attorneys' fees) incurred in enforcing compliance with this binding arbitration provision, including staying or dismissing such other proceeding. Information about the NAF is available on line at www.arb-forum.com, by phone at 1-800-474-2371 or by writing to P.O. Box 50191, Minneapolis, MN, 55405. For the purpose of this binding arbitration Paragraph, the term "Toshiba" means Toshiba America Information Systems, Inc., its parents,