One (1) Year Standard Limited Warranty for ToshibaPortable Media Players 5Binding ArbitrationCustomer and Toshiba acknowledge and agree that anyclaim, dispute, or controversy (“Dispute”) betweenCustomer and Toshiba arising from or relating to (i) thisLimited Warranty, including the validity of this bindingarbitration provision, or (ii) the use of the Product shall beresolved EXCLUSIVELY AND FINALLY BY BINDINGARBITRATION ADMINISTERED BY THE NATIONALARBITRATION FORUM (“NAF”) UNDER NAF’SCODE OF PROCEDURE THEN IN EFFECT.CUSTOMER UNDERSTANDS THAT, IN THEABSENCE OF THIS PROVISION, CUSTOMERWOULD HAVE HAD A RIGHT TO LITIGATEDISPUTES THROUGH A COURT IN FRONT OF AJUDGE OR JURY, INCLUDING THE RIGHT TOLITIGATE CLAIMS ON A CLASS-WIDE ORCLASS-ACTION BASIS, AND THAT CUSTOMERHAS EXPRESSLY AND KNOWINGLY WAIVEDTHOSE RIGHTS AND AGREED TO RESOLVE ANYDISPUTES THROUGH BINDING ARBITRATION INACCORDANCE WITH THE PROVISIONS OF THISPARAGRAPH.NOTWITHSTANDING THE FOREGOING, SOMEJURISDICTIONS DO NOT ALLOW A PRE-DISPUTEJURY TRIAL WAIVER OR A WAIVER OF THE RIGHTTO LITIGATE CLAIMS ON A CLASS-WIDE ORCLASS ACTION BASIS, SO THESE WAIVERS ORLIMITATIONS MAY NOT APPLY TO CUSTOMER.Should either party bring a Dispute in a forum other thanNAF, the arbitrator may award the other party itsreasonable costs and expenses (including but not limited toattorneys’ fees) incurred in enforcing compliance with thisbinding arbitration provision, including staying ordismissing such other proceeding. Information about theNAF is available on line at www.arb-forum.com, by phoneat 1-800-474-2371 or by writing to P.O. Box 50191,Minneapolis, MN, 55405. For the purpose of this bindingarbitration Paragraph, the term “Toshiba” means ToshibaAmerica Information Systems, Inc., its parents,
