announcement, point of sale display, or promotional material relating to the DAV Product; (iv) the relation- ships 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.
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 CUSTOM- ER – AND NOT TCL, ITS AFFILIATES, ADRs OR ASPs – ASSUME SOLE AND FULL RESPONSIBIL-
ITY 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 DIS-
CLAIM 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 unenforce- able, the unenforceable provision shall be severed from the warranty and deemed not to form part of the warranty. The remaining provisions of this warranty shall be and remain valid and enforceable. If and to the extent that any provision of this limited warranty as it relates to any of the Related Parties is found to be invalid or unenforceable in respect of that party (the "Excluded Party"), the Excluded Party shall be deemed to be severed or excluded from the provision, and the provision shall remain valid, enforceable and applicable in respect of the other or remaining Related Parties.
To the extent permitted by law, this limited warranty shall be governed and construed in accordance with the laws of Ontario.
If there is any inconsistency between this limited warranty, on the one hand, and any statement in the pack- aging of the DAV Product or in any other document enclosed with, or used in the context of the promotion or sale of, the DAV Product, on the other hand, the provisions of this limited warranty shall prevail.
▪How to Obtain Warranty Services
If, after following all of the operating instructions in this manual, checked the "Troubleshooting" section, and have visited www.toshiba.ca/support for additional information, you find that service is needed, please contact TCL Customer Support toll free at 1 800
English
47