Warranty

Fees/Costs. After receipt of Your arbitration notice, Toshiba will promptly reimburse You for Your

arbitration filing fee unless You seek more than $75,000 in damages, in which case, the payment of

these fees will be governed by the JAMS Rules. Except as otherwise provided for herein, Toshiba will

pay all JAMS administration and arbitrator fees for any arbitration initiated in accordance with the

notice requirements herein. Other fees, such as attorneys’ fees and expenses of travel to the

arbitration, will be paid in accordance with the JAMS Rules. If the arbitrator finds either the

substance of Your Claim or the relief sought in the demand is frivolous or brought for an improper

purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the

payment of all fees will be governed by the JAMS Rules. In such a situation, You agree to reimburse

Toshiba for all monies previously disbursed by it that are otherwise Your obligation to pay under the

JAMS Rules. Except as otherwise provided for herein, we waive any rights we may have under the

JAMS Rules to seek attorneys’ fees and costs from You if we prevail in the arbitration.

Hearings and Location.

If Your claim is for $10,000 or less, You may choose to have the arbitration

conducted solely on the basis of (1) documents submitted to the arbitrator, (2) through a telephonic

hearing, or (3) by an in-person hearing as established by the JAMS Rules. If Your claim exceeds

$10,000, the right to a hearing will be determined by the JAMS Rules. Any in-person arbitration

hearings will be held at a location in the county (or parish) of Your residence unless You and we both

agree to another location or we agree to a telephonic arbitration.

Arbitrator’s Decision.

(1) All issues are for the arbitrator to decide, except that issues relating to the

scope and enforceability of the arbitration provision are for the court to decide. (2) Regardless of the

manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision

sufficient to explain the essential findings and conclusions on which the award is based. (3) The

arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court

that has jurisdiction. (4) The arbitrator may award declaratory or injunctive relief only in favor of the

individual party seeking relief and only to the extent necessary to provide relief warranted by that

party's individual claim. (5) YOU AND TOSHIBA AGREE THAT EACH MAY BRING

CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND

NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR

REPRESENTATIVE PROCEEDING. Further, unless both You and Toshiba agree otherwise, the

arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any

form of a representative or class proceeding. Accordingly, You and we agree that the JAMS Class

Action Procedures do not apply to our arbitration. If this specific provision (5) is found to be

unenforceable, then the entirety of this Dispute Resolution agreement shall be null and void.

Exceptions.

Notwithstanding the foregoing, either party may bring an individual action in small

claims court. The arbitration provision above also does not preclude You from bringing issues to the

attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against

us on Your behalf.

Toshiba America Information Systems, Inc.

Digital Products Division

P.O. Box 19724, Irvine, California 92623-9724

toshiba.com

GMA501082010