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YOU MUST READ AND FOLLOW ALL SET-UP AND
USAGE INSTRUCTIONS IN THE APPLICABLE USER
GUIDES AND/OR MANUALS. IF YOU FAIL TO DO SO,
THIS PLAYER MAY NOT FUNCTION PROPERLY AND
YOU MAY SUFFER DAMAGE. THIS WARRANTY WILL
NOT COVER ANY SERVICE THAT IS REQUIRED, IN
PART OR IN WHOLE, AS A RESULT OF ANY FAILURE
TO FOLLOW THE SET-UP AND USAGE INSTRUC-
TIONS. THIS WARRANTY DOES NOT APPLY AND
SHALL BE VOID AND UNENFORCEABLE IF THE
PLAYER IS OPENED, SERVICED, OR REPAIRED BY
PERSONS OTHER THAN THOSE AUTHORIZED BY
TCL TO SERVICE OR REPAIR THE PLAYER.
IF THE PLAYER FAILS TO WORK AS WARRANTED
ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY
SHALL BE REPAIR OR REPLACEMENT OF THE
DEFECTIVE PART. IN NO EVENT WILL TCL, TOSHIBA
CORPORATION, THEIR AFFILIATES, ADRs OR ASDs
(THE "RELATED PARTIES") BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DAMAGES, MONEY,
REIMBURSEMENT, COSTS OR EXPENSES. THIS
LIMITATION APPLIES TO DAMAGES, MONEY,
REIMBURSEMENT, COSTS OR EXPENSES OF ANY
KIND WHATSOEVER INCLUDING ANY DIRECT OR
INDIRECT 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 PLAYER,
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 Player;
(iii) any oral or written representations, statements,
brochures, press releases, advertising, announcement,
point of sale display, or promotional material relating to
the Player; (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 Player 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 Player failure could lead to injury to persons or
loss of life or catastrophic property damage.
IF THE CUSTOMER USES THE PLAYER IN ANY
CRITICAL APPLICATION, THE CUSTOMER – AND
NOT TCL, ITS AFFILIATES, ADRs OR ASDs – ASSUME
SOLE AND FULL RESPONSIBILITY FOR SUCH USE.
TCL RESERVES THE RIGHT TO REFUSE TO SERVICE
ANY PLAYER USED IN A CRITICAL APPLICATION.
TCL, ITS AFFILIATES, ADRs AND ASDs HEREBY
DISCLAIM ANY AND ALL LIABILITY, DAMAGES AND
CONSEQUENCES ARISING OUT OF THE SERVICE OR
REFUSAL TO SERVICE SUCH PLAYER AND FURTHER
DISCLAIM ANY AND ALL LIABILITY, CONSEQUENCES
AND DAMAGES THAT MAY ARISE OR RESULT FROM
THE USE OF THE PLAYER 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 Player or in any other document enclosed with, or
used in the context of the promotion or sale of, the Player,
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 checking the "Before Calling Service
Personnel" section, you find that service is needed:
(1)
To find the nearest TCL Authorized Service Depot,
visit TCL’s web site at www.toshiba.ca, or call toll
free 1-866-275-6372.
(2)
Present your bill of sale or other proof of purchase to
the Toshiba Factory Service Depot.
For additional information, visit TCL's website:
www.toshiba.ca
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