One (1) Year Standard Limited Warranty for Toshiba
Portable Media Players
6
subsidiaries and affiliates, and each of their officers,
directors, employees, agents, beneficiaries, assigns and
suppliers; and the term “Customer” means Customer, or
those in privity with Customer, such as Customer’s family
members, beneficiaries and/or assigns. If NAF should
cease operations, Customer and Toshiba shall agree on
another arbitration forum. The arbitration shall be held at a
reasonable, mutually agreed upon location by submission
of documents, by telephone, online or in person as selected
by Customer. The arbitration will be conducted before a
single arbitrator, and will be limited solely to the Dispute
between Customer and Toshiba. The arbitration, or any
portion of it, will not be consolidated with any other
arbitration and will not be conducted on a class-wide or
class action basis. If Customer prevails in the arbitration of
any Dispute with Toshiba, Toshiba will reimburse
Customer for any fees Customer actually paid to NAF in
connection with the arbitration. Any decision or award of
the arbitrator rendered in such arbitration proceeding shall
be final and binding on each of the parties, and may be
entered as a judgment in any court of competent
jurisdiction. This binding arbitration provision shall be
governed by the United States Federal Arbitration Act, 9
U.S.C. Section 1, et seq.
Protection of Stored Data
For Customer’s important data, please make periodic
back-up copies of all the data stored on the hard disk or
other storage devices as a precaution against possible
failures, alteration, or loss of the data. IF CUSTOMER’S
DATA IS ALTERED OR LOST DUE TO ANY
TROUBLE, FAILURE OR MALFUNCTION OF THE
PRODUCT, HARD DISK DRIVE OR OTHER
STORAGE DEVICES AND THE DATA CANNOT BE
RECOVERED, TOSHIBA SHALL NOT BE LIABLE
FOR ANY DAMAGE OR LOSS OF DATA, OR ANY
OTHER DAMAGE RESULTING THEREFROM. WHEN
COPYING OR TRANSFERRING CUSTOMER’S DATA,
SUCCESSFULLY COPIED OR TRANSFERRED.
