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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, 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,
