Toshiba FPT-AG01 Owner's Manual page 14

DAMAGES, DAMAGE TO PROPERTY OR PERSON, lOST PROFITS, lOST
SAVINGS, INCONVENIENCE OR OTHER SPECIAL, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, WHETHER FOR BREACH OF WARRANTY, BREACH
OF CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER A STATUTE OR
UNDER ANY OTHER LAW OR FORM OR ACTION, OR WHETHER ARISING OUT OF
THE USE OF OR INABILITY TO USE THE 3D GLASSES, EVEN IF ANY OF THE
RELATED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR OF ANY CLAIM BY ANY OTHER PARTY.
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 3D Glasses; (iii) any oral
or written representations, statements, brochures, press releases, advertising,
announcement, point of sale display, or promotional material relating to the 3D Glasses;
(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.
Critical Applications
The 3D Glasses you have purchased are 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 3D Glasses failure could lead to injury to persons or loss
of life or catastrophic property damage.
IF THE CUSTOMER USES THE 3D GLASSES IN ANY CRITICAL APPLICATION, THE
CUSTOMER - AND NOT TCl, ITS AFFILIATES OR ADR - ASSUME SOLE AND FUll
RESPONSIBILITY FOR SUCH USE. TCl RESERVES THE RIGHT TO REFUSE TO
REPLACE ANY 3D GLASSES USED IN A CRITICAL APPLICATION. AND FURTHER
DISCLAIM ANY AND All LIABILITY, CONSEQUENCES AND DAMAGES THAT MAY
ARISE OR RESULT FROM THE USE OF THE 3D GLASSES 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
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 packaging of the 3D Glasses or in any other document enclosed with,
or used in the context of the promotion or sale of, the 3D Glasses, 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 and having visited
www.toshjba.ca/support for additional information, you find that service is needed,
please contact TCl Customer Support toll free at 1-800-268-3404.
9UG39-4802-01