e-BRIDGE Cloud Workflow

Terms of Use

These Terms of Use (“ Terms ”) are a legal agreement between you (either an individual or an entity) (“ you ”) and the Toshiba company described in the “ Toshiba Contracting Entity, Notices, Governing Law, and Venue ” section below (“ Toshiba ,” “ we ” or “ our ”) governing your use of this application, including all services, content, features, software, user documentation, and related documentation made available via such application (collectively, the “ Services ”).

Please read these Terms carefully before using the Services. These Terms create a binding agreement between you and Toshiba. These Terms establishes the terms and conditions that govern your use of the Services. If you do not agree to these Terms, then you are not authorized to use the Services.

IF YOU ARE LOCATED IN THE U.S., PLEASE REVIEW THESE TERMS BEFORE PROCEEDING. THESE TERMS INCLUDE AN ARBITRATION PROVISION REQUIRING DISPUTES BE RESOLVED BY INDIVIDUAL ARBITRATION INSTEAD OF USING CLASS ACTION OR JURY TRIALS. By using the Services, you confirm your understanding and consent to these Terms.

Acceptance

By using the Services, you represent and warrant that: (i) you are at least the age of majority in your jurisdiction and have all power, authority, and permissions necessary to enter into and be bound by these Terms; (ii) you have read and understood, and agree to be bound by, these Terms; and (iii) you will comply with all applicable laws and regulations in connection with your use of the Services.

If you use the Services on behalf of a company or other legal entity, “you” means you and such entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms and that you agree to these Terms on the entity’s behalf and that such entity is responsible for your and all of your users’ use of the Services.

Modifications

Toshiba reserves the right, at its sole discretion, to modify or replace these Terms at any time by updating these pages. A notice of the modifications may be provided to you by email, a pop-up message, the posting of new terms, a post notification, an update on our website, or in a similar manner. Your continued use of the Services after the posting of such modifications and/or amendment indicates your acceptance of such modifications and your agreement to be bound by such terms. If you do not agree with any modifications, you are no longer authorized to use the Services. Therefore, you should check and review these Terms regularly.

Additional Terms

Some products and services may be subject to different or additional terms (“Additional Terms”). To the extent such Additional Terms are applicable, they will be made available at the time of your access, use, purchase, or download thereof with respect to the applicable products or services (including the Services) and may be presented as supplemental terms or replacement terms. Toshiba’s obligations regarding any products or services made available to you under such Additional Terms are governed solely by the Additional Terms under which such products or services are provided. These Terms will not be deemed or construed to alter the Additional Terms. In the event such Additional Terms conflict with these Terms, such Additional Terms will prevail.

License

Subject to your compliance with these Terms, Toshiba grants you a limited, non-exclusive, non-transferable right to access and use the Services only for your internal business purposes or for non-commercial uses. The license is granted for the duration of your authorized access to the Services, unless earlier terminated in accordance with these Terms.

Restrictions

You may not, cause or permit any third party to: (i) modify, adapt or otherwise create derivative works from the Services (except as may be permitted by an applicable open source license) or copy, reproduce, republish, download, display, post, or transmit in any form or by any means without receiving prior written consent from Toshiba or the applicable copyright owner; (ii) lease, sublicense, resell, rent, loan, distribute, redistribute, or otherwise transfer (except as expressly permitted herein) the Services; (iii) reverse engineer, disassemble, decrypt or decompile the Services or otherwise try to reduce the Services to a human-readable form, except where and only to the extent that such activity is permitted by applicable law or where Toshiba is required to permit such activity under the terms of an applicable open source license; (iv) remove or alter any copyright, trademark or other proprietary notices contained in the Services; (v) use the Services to develop a competing product, or otherwise in any manner not set forth in these Terms; (vi) use the Services to transmit software viruses or other harmful computer code, files or programs, or to circumvent, disable or otherwise interfere with security-related features of the Services; (vii) harass, abuse, stalk, threaten, defame, infringe, or otherwise violate the rights of any other party, or to upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable and you agree that Toshiba is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Services; (viii) use the Services to collect or harvest any third party’s personally identifiable information, to send unauthorized commercial communications or to invade the privacy rights of any third party; or (ix) use the Services for any unlawful purpose, and/or in any manner that breaches the terms hereof. All rights not expressly granted to you by Toshiba hereunder are hereby reserved by Toshiba. You will not acquire such rights, whether through estoppel, implication, or otherwise.

Third-Party Services

Toshiba may engage third parties to provide certain services or features in connection with the delivery and operation of the Services. These third parties may include but are not limited to, hosting providers, payment processors, data storage services, content management, and other subcontractors (collectively, “Third-Party Services,” which is not included in the definition of “Services”). The Third-Party Services are provided for your convenience only, and Toshiba does not approve, endorse, or recommend any Third-Party Services to you. Your access and use of any Third-Party Service is at your own risk, and Toshiba disclaims all responsibility and liability for your use of any Third-Party Service. Third-Party Services are not Services and are not governed by these Terms or Toshiba’s Privacy Policy. Your use of any Third-Party Service is subject to that Third-Party Service’s own terms of use and privacy policies (if any), which are outside Toshiba's control. Toshiba reserves the right to modify, replace, or discontinue any Third-Party Services used in connection with the provision of the Services, at its sole discretion, without prior notice to you. Toshiba will use reasonable efforts to minimize disruptions to the Services resulting from such changes. You acknowledge and agree that the performance and availability of the Services may be affected by Third-Party Services and that Toshiba’s ability to provide the Services is dependent upon the availability and proper functioning of Third-Party Services.

Ownership / Intellectual Property Rights

All right, title and interest and other intellectual property rights in and to the Services (including but not limited to any content incorporated therein), any user documentation, proprietary content, the “look and feel” of the Services, and all other content (electronic, printed, or otherwise) shall remain with Toshiba, its suppliers and licensors as applicable, and is protected by applicable law, including without limitation, applicable United States and country-specific patent, copyright, trade secret, and trademark laws and treaties.

You acknowledge that Toshiba, and its suppliers and licensors own all right, title, and interest in and to the Services (including all patent, copyright, trade secret, trademark, show-how, and know-how, and any and all other intellectual property rights therein or related thereto), and you agree not to take any action(s) inconsistent with such ownership interests.

You acknowledge that, except as expressly set forth herein, nothing in these Terms shall be construed as conferring any license to you in our or any of our licensors’ patents or other intellectual property rights, whether by estoppel, equity, implication, or otherwise, and you agree that you have sole responsibility for obtaining such licenses by separate written agreement. The unauthorized use of any Services may violate our intellectual property rights, including copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Feedback

You may, at your discretion, provide feedback to Toshiba with respect to your use of the Services (“Feedback”). Feedback may include, without limitation, errors or difficulties discovered in the Services; the characteristic conditions and/or symptoms of the errors and difficulties; and observations and/or improvements relating to the Services. Unless specifically agreed in writing, Toshiba shall be free to use, disclose, reproduce, license, or otherwise distribute, and exploit such Feedback as it sees fit. You further acknowledge and agree that you are solely responsible for all Feedback and other submissions and that any such Feedback is considered both non-confidential and non-proprietary. To the extent permitted by law, you agree to waive, or agree not to assert, any moral rights in the Feedback.

User Accounts

Certain content, functions, and features of the Services may require you to create and register an account (“Account”) to access and use the Services (in part or in whole). You may create an Account by completing the registration process in accordance with our instructions separately provided or set forth on the applicable section of the Services. You are responsible for providing accurate and current account information. You represent and warrant that you are the sole authorized user of your Account and are responsible for maintaining the confidentiality of any user access credentials, including your password, whether created by you or provided by Toshiba with respect to the Services. You are responsible for maintaining the confidentiality of your password(s). You acknowledge and agree that you are responsible and liable for all activity that occurs in connection with your Account and/or access credentials. Should you believe your account or password has been compromised, you shall notify us immediately, and, if applicable, reset, suspend, or terminate your account.

Copyright Policy; DMCA Copyright Infringement Claims

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to Toshiba or any of its affiliates and subsidiaries. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“ DMCA ”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which Toshiba can contact you (including your name, postal address, telephone number, and, if available, e-mail address).
• Include both of the following statements in the body of the DMCA Notice:
  “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
  “I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity in connection with the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. Repeat Offenders : Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers or those that we reasonably believe have or may have infringed these Terms.

Third-Party Materials

Certain content and print services included in or available via the Services may include materials from third parties. You acknowledge that Toshiba is not responsible for examining or evaluating the content or accuracy of any such third-party material. Toshiba does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials, products, or services. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Toshiba is not in any way responsible for any such use by you.

Open Source and Other Third Party Software

Notwithstanding anything else stated in these Terms, to the extent, if any, all or any portion of the Services are indicated as being provided under a separate license provided by a third party software licensor or supplier or under a so-called “open source” or “public” license (e.g., any version of the GNU General Public license or GNU GPL or Apache License), collectively “third party software;” such third party software is licensed to You subject to the terms and conditions of the separate software license agreement accompanying the third party software whether in the form of a discrete agreement, shrink wrap or box top license or electronic license agreement accepted at time of download or activation. Use of such third party software by You shall be governed entirely by the terms and conditions of such license.

Privacy

We may collect and use certain personal information about you in connection with your use of the Services.

For information about the use of any personally identifying information provided to Toshiba when you use the Services, including when you set up an Account, please review Toshiba privacy practices, statement and notices listed in “ Toshiba Contracting Entity, Notices, Governing Law, Venue, Contact, and Privacy Policy”.

We may also collect and use technical information, including, information about your device, system and application software, and peripherals gathered periodically to facilitate the provision of software updates, product support, and other services to you, if any, related to the Services in accordance with Toshiba privacy practices as referenced above.

Termination

Toshiba reserves the right to refuse to supply, modify or discontinue (temporarily or permanently) the Services (or any part thereof) or your Account at any time, without notice or liability, for any reason whatsoever. Your right to access and use the Services automatically terminates if you breach these Terms or any part hereof. Upon termination, you must delete the app and any Toshiba information, including any Confidential Information you may have as a result of the Services. Upon any termination of the Services, your Account, or any portion thereof, Toshiba has no obligation to maintain or provide your data. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your Account, you must do so by deleting your Account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership, warranties, warranty disclaimers, indemnity and limitations of liability.

Local Law Requirements

The provisions set out in Annexure A to these Terms apply in addition to, and form part of, these Terms for users located in the relevant jurisdiction. In the event of any inconsistency between these Terms and a country-specific provision, the country-specific provision will prevail for users in that jurisdiction, to the extent required by applicable law. These country-specific provisions do not apply to users located outside the relevant jurisdiction.

The country-specific provisions in Annexure A are provided for convenience only and do not constitute an exhaustive statement of all applicable local laws. Nothing in these Terms excludes, restricts, or modifies the application of any mandatory local laws or rights that apply to you but are not expressly referenced in Annexure A.

Specifically, nothing in these Terms excludes, restricts, or modifies any rights or remedies that cannot be excluded or limited under applicable consumer protection or other mandatory laws. To the extent permitted by such laws, Toshiba’s liability is limited as set out in these Terms.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TOSHIBA, ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND CONSULTANTS (COLLECTIVELY, “TOSHIBA PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE, OR YOUR INABILITY TO USE THE SERVICES OR ANY DAMAGES CAUSED BY THE THIRD PARTY-SERVICES OR ANY THIRD-PARTY. IN NO EVENT SHALL THE TOSHIBA PARTIES BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, BREACH OF SECURITY, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER FOR BREACH, IN TORT (INCLUDING NEGLIGENCE) OR ON ANY OTHER LEGAL OR EQUITABLE BASIS, EVEN IF THE TOSHIBA PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU REMAIN SOLELY RESPONSIBLE FOR BACKING UP AND PROTECTING YOUR DATA AND ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES. UNDER NO CIRCUMSTANCES IS TOSHIBA LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF THIRD-PARTY SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE TOSHIBA PARTIES, AND YOUR EXCLUSIVE REMEDY IS THE GREATER OF THE AMOUNT PAID BY YOU SEPARATELY FOR THE SERVICES IN THE MONTH THE CLAIM AROSE OR $5.00 U.S. (OR LOCAL EQUIVALENT THEREOF). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THESE LIMITATIONS SHALL APPLY WHETHER OR NOT TOSHIBA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Disclaimer / Waiver of Claims

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES, INCLUDING THE THIRD PARTY-SERVICES, ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS ONLY, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TOSHIBA HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WITH RESPECT TO THE SERVICES (INCLUDING THE USE, PERFORMANCE, AND SUPPORT THEREOF), WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT. TOSHIBA DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE SERVICES. YOU AGREE TO HOLD THE TOSHIBA PARTIES HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE TOSHIBA PARTIES FOR, ANY CLAIMS RELATED TO THE SERVICES.

YOU AGREE THAT YOUR USE OF SUCH THIRD-PARTY SERVICES IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY TOSHIBA, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.

Indemnification

You shall indemnify, defend, and hold harmless the Toshiba Parties (each, including Toshiba, an “ Indemnitee ”) from and against any and all losses, damages, costs (including legal fees), and expenses incurred by any and all Toshiba Parties arising out of or relating to your use of, or misuse of, these Services, including your use of Third-Party Services or any breach of third-party terms and conditions.

Modified Devices and Operating Systems

Toshiba will have no liability for errors, unreliable operation, or other issues resulting from use of the Services on or in connection with rooted or jailbroken devices or use on any mobile or other device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “ Modified Devices ”). Use of the Services on Modified Devices will be at your sole and exclusive risk and liability.

No Liability of Third Parties

The Services are hosted by Amazon AWS. AWS, your wireless carrier, the manufacturer, and retailer of your mobile device, the developer of the operating system for your mobile or other device, the operator of any application store, marketplace, or similar service through which you obtain the Services, and their respective affiliates, suppliers, and licensors (collectively, “ Third Parties ”) are not parties to these Terms and they do not own and are not responsible for the Services. Toshiba, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the Services or your use or possession thereof, including claims related to legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Third Party agreements and terms and conditions. YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THESE TERMS OR THE SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE HUNDRED DOLLARS ($500.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE SERVICES AND THESE TERMS. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THESE TERMS, CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THESE TERMS WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of a claim that the Services or your possession and use of the Services infringe a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

Export Restrictions

You may not use or otherwise export or re-export the Services except as authorized by the laws of the United States, or as established by the jurisdiction in which the Services were obtained (“ Applicable Law ”). In the event of inconsistency, the Applicable Law in the jurisdiction where the Services are provided to you prevail. In particular, but without limitation, the Services may not be exported or re-exported (i) into any embargoed countries under Applicable Law or (ii) to anyone on the denied persons lists, specially designated nationals lists, and other such national security lists for the United States and the jurisdiction in which the Services were obtained. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Services for any purposes prohibited by Applicable Law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

Enforcement

You hereby grant Toshiba the right to take steps Toshiba believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that Toshiba has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, if permitted to do so under relevant laws, including if Toshiba believes it is reasonably necessary or appropriate to verify your identify or the legitimacy or otherwise of an Account, enforce and/or verify compliance with any part of these Terms (including but not limited to Toshiba's right to cooperate with any legal process relating to your use of the Services, or a third-party claim that your use of the Services is unlawful or infringes such third party's rights.

General

If any portion of these Terms are found to be void or unenforceable by law, for any reason, such portion or terms shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Terms. These Terms constitute the entire agreement between Toshiba and you with respect to the provision of the Services, and your receipt and/or use thereof and supersedes any conflicting or additional terms contained in any purchase order, contract or elsewhere. No provision of these Terms may be waived, modified, or superseded except by a written instrument accepted (in writing) by Toshiba and you. Toshiba may provide translations of these Terms as a convenience to users. However, in the event of a conflict or inconsistency between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law in your jurisdiction. No failure or delay in exercising any right or remedy shall operate as a waiver of any such (or any other) right or remedy. The language of these Terms shall not be construed strictly for or against either party, regardless of who drafted such language or was principally responsible for drafting it. The rights and obligations under these Terms are not assignable by you, and any attempted assignment shall be void and without effect. These Terms shall bind and inure to the benefit of the parties and their successors and permitted assigns.

Contact Us

If you have questions related to these Terms or the Services, please contact us by visiting contact us URL listed in “ Toshiba Contracting Entity, Notices, Governing Law, Venue, Contact, and Privacy Policy”.

Toshiba Contracting Entity, Notices, Governing Law, Venue, Contact, and Privacy Policy

The Toshiba entity entering into these Terms and providing the Services to you, the address to which you should direct notices, the law that will apply in any dispute or lawsuit arising out of or in connection with these Terms, and the courts that have jurisdiction over any such dispute or lawsuit, depend on where you are domiciled, as indicated in the table below (where permitted by law). The Service will be provided to you in and from the jurisdiction where each Toshiba entity entering into these Terms for your country is domiciled or otherwise as provided below, and you will have access to the Services online from your device. By using the Service, you have voluntarily reached the Toshiba entity online, requested and agreed to be provided with this Service in and from the jurisdiction where such Toshiba entity is domiciled, and pursuant to the applicable laws governing in said jurisdiction or otherwise, as set forth in the table below.

Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above.

ANNEXURE A - Local Law Requirements

United States

Arbitration; Waiver of Right to Jury Trial; Participation in Class Actions

YOU HEREBY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM AND YOU AGREE AND CONSENT THAT ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND TOSHIBA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND TOSHIBA ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the arbitration body identified in Section “Toshiba Contracting Entity, Notices, Governing Law, and Venue” for the Toshiba contracting entity in accordance with the organization’s arbitration rules and procedures then in effect. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Notwithstanding the above, to the extent you qualify, this arbitration provision does not prevent you from bringing an individual claim to small claims court.

This arbitration clause shall survive the termination of these Terms. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth above.

Access of Services Outside the United States

The Services are controlled and operated by Toshiba (and as applicable, its affiliates and subsidiaries) and Toshiba makes no representation that the Services are appropriate or available for use in locations where you use them. You may not access or use the Services in jurisdictions in which the Services and/or content therein is illegal. You are responsible for compliance with all applicable local laws, including all export and import regulations of other countries. You acknowledge that some or all of the Services, including the content contained therein, may be subject to the United States Export Administration Laws and Regulations, the United States Treasury Department’s Office of Foreign Assets Control (“OFAC”) Economic Sanctions Regulations, as well as export laws of other countries and that diversion of the Services contrary to the law of the United States or other applicable countries is prohibited. You agree that none of the Services, nor any direct product thereof, is being or will be acquired for, shipped, transferred, exported, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States government (or other relevant government) for such purposes. By accessing the Services, you represent and warrant that you are not a citizen or resident of, and are not customarily resident in, any country or region that is subject to an embargo by the United States government, and that you are not listed as a sanctioned party on the list of specially designated nationals and blocked persons maintained by OFAC. You agree to comply strictly with all export, re-export, and import laws and assume sole responsibility for obtaining licenses to export, re-export, or import as may be required.

United States Government Restricted Rights

The Services are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq., its successor(s), or any other applicable laws and regulations. Use of the Services by the United States government constitutes acknowledgment of our proprietary rights in them.

Mexico

By using the Service, you have voluntarily reached Toshiba America Business Solutions, Inc. via online in the U.S., requested and agreed thereby to be provided with this Service in and from the U.S. jurisdiction and domicile where Toshiba America Business Solutions, Inc. is located and is mentioned above, Service that is provided under and subject to the governing law and jurisdiction that you have agreed upon above, waiving the law and jurisdiction that may correspond to you due to your current or future domicile.

Australia

The Services subject to any statutory guarantees under the Australian Consumer Law, 

Our services come with guarantees that cannot be excluded under the Australian Consumer Law.

For major failures with the service, you are entitled: 

1. to cancel your service contract with us; and
2. to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

For minor defects, Toshiba’s liability shall be limited to, at Toshiba’s election, either:  

1. supplying the Services again; or  
2. paying for the reasonable cost of having the Services supplied again. 

To contact us about a defective service, please use the URL for Australia in Section “ Toshiba Contracting Entity, Notices, Governing Law, Venue, Contact, and Privacy Policy ” . If you choose to make a legal claim, disputes will be resolved by arbitration administered by the Australian Center for International Commercial Arbitration (“ ACICA ”) in accordance with the then-applicable ACICA Arbitration Rules, and judgment on the arbitral award may be entered in any court having jurisdiction. For more information on ACICA please visit:  https://acica.org.au/

Any such arbitration will take place in Sydney, Australia and the fees and expenses of the arbitration and the administering authority, if any, will be paid in equal proportion by the parties. The parties agree that the existence of and information relating to any such arbitration proceedings will not be disclosed by either party and will constitute confidential information.

Without limiting the foregoing, the Services may not be exported or re-exported to anyone on the consolidated sanctions list. Details of the Australian sanctions and denied persons list can be found at  https://www.dfat.gov.au/  and the consolidated sanctions list can be found at  https://www.dfat.gov.au/international-relations/security/sanctions/consolidated-list .  By using the Services, you represent and warrant that you are not located in any such country or on any such list.

New Zealand

If the Services are subject to any statutory guarantees under the New Zealand Consumer Guarantees Act of 1993 ( NZ Consumer Law ), nothing in these Terms excludes, restricts, or modifies those guarantees. Where permitted by the New Zealand Consumer Guarantees Act 1993, and only to the extent applicable to the Services, Toshiba’s liability for a failure to comply with a statutory guarantee is limited (at Toshiba’s option) to:

1. supplying the Services again; or
2. paying for the reasonable cost of having the Services supplied again.

You are entitled to have problems with the Services rectified in a reasonable time and, if this is not done You may cancel your Service contract and obtain a refund of the monies paid by You for the defective Services or the unused portion of your contract.

Subject to the New Zealand Consumer Guarantees Act 1993 and any other applicable mandatory New Zealand laws, disputes may be resolved by arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with its Arbitration Rules. The seat of any such arbitration will be Sydney, Australia. Nothing in this section prevents a consumer from exercising any rights or remedies available under New Zealand law.

Unless otherwise required by applicable consumer protection laws, the fees and expenses of the arbitration and the administering authority, if any, will be paid in equal proportion by the parties. The parties agree that the existence of and information relating to any such arbitration proceedings will not be disclosed by either party and will constitute confidential information.

Pacific Islands (Fiji, Papua New Guinea, Samoa, Solomon Islands, Tonga)

The Services are supplied subject to any non-excludable rights and remedies under applicable consumer protection or other mandatory laws in your jurisdiction.