Toshiba SDP94SKN Owners Manual - Page 82

Limited Canadian Warranty For Toshiba Brand DVD Players, DVD Recorders, DVD/VCR Combo Players and Portable DVD Players (continued) PARTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS NOR LIMITATION OF DAMAGES FOR SOME PRODUCTS SO THAT THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY IN YOUR JURISDICTION. No person, agent, distributor, dealer or company is authorized to change, modify or extend the terms of these warranties in any manner whatsoever. Arbitration and Dispute Resolution To the extent not precluded by law, any claim, dispute, controversy or disagreement (whether for breach of warranty, breach of contract, tort (including negligence), under a statute or under any other law or form of action) against any of the Related Parties arising out of, or otherwise relating to: (i) this warranty; (ii) the Player; (iii) any oral or written representations, statements, brochures, press releases, advertising, announcement, point of sale display, or promotional material relating to the Player; (iv) the relationships that result from this warranty, (the foregoing claims, disputes controversies and disagreements are collectively referred to as the "Dispute"), shall be referred to and resolved by final and binding arbitration (to the exclusion of the courts). To the extent not precluded by law, you agree to waive any right that you may have to commence or participate in any representative or class proceeding against the Related Parties relating to any Dispute. 82 If and where applicable and to the extent not precluded by law, you further agree to opt out of any such representative or class proceedings. Arbitration of any Dispute will be conducted in the forum and in the manner as agreed to between you and TCL. Failing such agreement, the arbitration will be conducted by one arbitrator pursuant to the laws and rules relating to arbitration generally in force in the jurisdiction in which you reside at the time that the Dispute arises. To the extent not precluded by law, no claim, dispute, controversy or disagreement of any other person may be joined or combined with any Dispute by you, without the prior written consent of TCL. Critical Applications The Player you have purchased 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 Player failure could lead to injury to persons or loss of life or catastrophic property damage. IF THE CUSTOMER USES THE PLAYER IN ANY CRITICAL APPLICATION, THE CUSTOMER - AND NOT TCL, ITS AFFILIATES, ADRs OR ASDs - ASSUME SOLE AND FULL RESPONSIBILITY FOR SUCH USE. TCL RESERVES THE RIGHT TO REFUSE TO SERVICE ANY PLAYER USED IN A CRITICAL APPLICATION. TCL, ITS AFFILIATES, ADRs AND ASDs HEREBY DISCLAIM ANY AND ALL LIABILITY, DAMAGES AND CONSEQUENCES ARISING OUT OF Other 4%14,/&@JOEE