Toshiba SDP95SWN Owners Manual - Page 78

Limited Canadian Warranty For Toshiba Brand Digital Audio/Video Products (continued) 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 DAV Product; (iii) any oral or written representations, statements, brochures, press releases, advertising, announcement, point of sale display, or promotional material relating to the DAV Product; (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. 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. 78 Critical Applications The DAV Product 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 DAV Product failure could lead to injury to persons or loss of life or catastrophic property damage. IF THE CUSTOMER USES THE DAV PRODUCT IN ANY CRITICAL APPLICATION, THE CUSTOMER - AND NOT TCL, ITS AFFILIATES, ADRs OR ASPs - ASSUME SOLE AND FULL RESPONSIBILITY FOR SUCH USE. TCL RESERVES THE RIGHT TO REFUSE TO SERVICE ANY DAV PRODUCT USED IN A CRITICAL APPLICATION. TCL, ITS AFFILIATES, ADRs AND ASPs HEREBY DISCLAIM ANY AND ALL LIABILITY, DAMAGES AND CONSEQUENCES ARISING OUT OF THE SERVICE OR REFUSAL TO SERVICE SUCH DAV PRODUCT AND FURTHER DISCLAIM ANY AND ALL LIABILITY, CONSEQUENCES AND DAMAGES THAT MAY ARISE OR RESULT FROM THE USE OF THE DAV PRODUCT IN ANY CRITICAL APPLICATIONS. General Provisions If and to the extent that any provision of this limited warranty should generally be found to be unenforceable, the unenforceable provision shall be severed from the warranty Other 4%148/@&@JOEE