WESTERN DIGITAL DATA RECOVERY PLAN TERMS & CONDITIONS

You will be asked to ship Your Product to the Administrator’s designated laboratory facility to attempt the retrieval of Your data (“In-Lab Data Recovery”). You must use the original Product packaging or packaging that provides an equal or greater level of protection for Your Product to prevent any further damage to the Product during shipping. Until Your Product is received at the Administrator’s laboratory facility, You are responsible for any risk of loss of the Product. The costs of shipping costs associated with shipping Your Product to the Administrator’s laboratory facility, as well as the cost of shipping the data storage media containing data recovered from Your original Product back to You shall be paid by Us. You are eligible for a maximum of one (1) In-Lab Data Recovery attempt under this Plan. Upon receipt of Your original Product at the Administrator’s laboratory facility, Administrator will take the following action(s):

• Administrator will attempt to recover Your lost data and files.
• If Your Product is password protected, the Administrator will contact You for the password as this is required to perform the data recovery attempt.
• Return of Recovered Data: Your recovered data may be made available for download via a secure link (if less than 2GB) or loaded on a media storage device and returned to You. If the recovered data is loaded on a media storage device and returned to You, you have two options:
  • Media Storage Device provided by the Administrator: The Administrator is responsible for procuring the appropriate media storage device at no cost to You. The Administrator, at its sole discretion, will provide the recovered data back to You on the media device of its choice.
  • Media Storage Device provided by You: In the event You wish to provide the Administrator with a media storage device of Your preference, You will be responsible for procuring such storage device and shipping it to the Administrator; including any incidental costs associated with the shipment. Your preferred media storage device must be approved by the Administrator, to ensure type and capacity is appropriate for the size of data to be recovered.
• Unrecoverable Data:  If full data is not recoverable, You will be entitled to reimbursement of the purchase price of this Plan; which may be provided to you in the form of a retail gift card, at Our sole discretion (the “Unrecoverable Data Compensation”). We shall then be discharged from any further obligations under this Plan. The Unrecoverable Data Compensation shall NOT apply in instances where partial recovery of Your lost data was successful; there must be a complete loss and non-recovery of data from Your Product to be eligible.
• You may need to reinstall Your software to Your Product or Your replacement media device. Installation or re-installation of any and all software shall be Your responsibility and is not covered under this Plan.
• Because data recovery efforts utilizing the In-Lab Data Recovery Service renders Your Product inoperable, Your original Product will be subject to secure disposal following an In-Lab Data Recovery attempt. To the extent possible You should back up accessible data on the Product before shipping it to the Administrator’s laboratory facility for an In-Lab Data Recovery attempt.

Performance Standards: We will use commercially reasonable efforts to complete Your In-Lab Data Recovery.  It may take up to fourteen (14) business days after We receive Your Product before You receive Your recovered data, or, if applicable, an explanation as to why Your lost data was unrecoverable.

Limitation of Liability: Our maximum liability in connection with all Claims processed pursuant to the terms and conditions of this Plan shall not exceed one (1) In-Lab Data Recovery attempt.

ADDITIONALLY, WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES; INCLUDING BUT NOT LIMITED TO: PROPERTY DAMAGE, LOST TIME OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT, FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE, OR RESULTING FROM THE UNAVAILABILITY OF REPAIR PARTS/COMPONENTS, OR FOR ANY AND ALL PRE-EXISTING CONDITIONS KNOWN TO YOU; INCLUDING ANY INHERENT PRODUCT FLAWS.

What is Not Covered:  AS RELATED AND APPLICABLE TO THE PRODUCT(S), THIS PLAN DOES NOT COVER ANY FAILURE, DAMAGE, REPAIRS OR SERVICES IN CONNECTION WITH OR RESULTING FROM:

• A pre-existing condition known to You (“pre-existing condition” refers to a condition that within all reasonable probability, relates to the functional fitness of the Product before this Plan was purchased);
• Any problem with the Product other than coverages outlined in this Plan;
• Servicing of the Product in association with a non-covered Claim, and shipping or delivery charges associated with the initial purchase of the Product;
• Fortuitous events; including, but not limited to: environmental conditions, exposure to weather conditions or perils of nature; collision; collapse, explosion; fire, any kind of precipitation, lightning, dirt/sand, smoke, nuclear radiation, radioactive contamination, riot, war or hostile action or any other external peril originating outside the Product;
• Failure or damage that is covered under any other insurance, warranty, guarantee and/or service agreement providing the same benefits as outlined in this Plan;
• Abuse (meaning, the intentional treatment of the Product in a harmful, injurious, malicious or offensive manner which results in its damage and/or breakdown), neglect, negligence, misuse, intentional harm or malicious mischief of or to the Product;
• Rust, corrosion, warping, bending, animals, animal inhabitation or insect infestation;
• Any items that are consumer replaceable and designed to be replaced over time throughout the life of the Product; including, but not limited to batteries;
• Improper removal or installation of replaceable components, modules, parts or peripherals and/or installation of incorrect parts;
• Routine, periodic or preventative maintenance or data recovery attempt by another provider;
• Failure to provide the Administrator with the correct password for a password protected Product;
• Lack of providing manufacturer’s recommended maintenance or operation/storage in conditions outside manufacturer specifications, or use of the Product in such a manner as would be voidable coverage under the manufacturer’s warranty, or use of the Product in a manner inconsistent with its design or manufacturer specifications;
• Any Product that has been confirmed to be used in a RAID device, heavy industrial or rental capacity;
• Adjustment, manipulation, modification, removal or unauthorized repairs of any internal component/part of a Product performed by anyone other than a service center/technician authorized by the Administrator or the manufacturer
• Any kind of manufacturer recall or rework order on the Product, of which the manufacturer is responsible for providing, regardless of the manufacturer’s ability to pay for such repairs; or
• Service outside of the contiguous United States, Alaska or Hawaii.

IMPORTANT: RESTORATION OR TRANSFER OF SOFTWARE ARE EXPRESSLY EXCLUDED UNDER THIS PLAN. WHEN AT ALL POSSIBLE, WE STRONGLY ENCOURAGE YOU TO BACK UP ALL SOFTWARE AND DATA ON A REGULAR BASIS AND ESPECIALLY PRIOR TO SUBMITTING YOUR PRODUCT FOR SERVICING PURSUANT TO THE TERMS AND CONDITIONS OF THIS PLAN.

Cancelation: You may cancel this Plan at any time by informing the Administrator of Your cancellation request. NOTICE: The following cancellation provisions apply to the original purchaser of the Plan only.

If You Cancel this Plan:

1. Within 30 days of the Plan purchase date, and no Claim has been made, You will receive a 100% refund of the full Plan purchase price paid by You.

We May Only Cancel this Plan For:

1. Non-payment of the Plan purchase price by You;
2. Material misrepresentation by You; or
3. Substantial breach of duties under this Plan by You in relation to the Product or its use.

If We cancel this Plan, We will provide written notice to You at least thirty (30) days prior to the effective date of cancellation. Such notice will be sent to Your current address in Our file (email or physical address as applicable), with the reason for and effective date of such cancellation. If We cancel this Plan, You will receive a refund as follows:  (i) if within 30 days of the Plan purchase date, and no Claim has been made, You will receive a 100% refund of the full Plan purchase price paid by You; or (ii) if after 30 days from the Plan purchase date, or if a Claim has been made, You will receive a pro-rata refund based on 100% of the Plan purchase price paid by You, minus any Claims paid by Us. Updated due to changes in the prior section regarding customer cancelation.

Data Protection and Privacy: You agree that any information or data disclosed to Us under this Plan is not confidential. Furthermore, You agree that We may collect and process data on Your behalf when We provide the services contemplated under this Plan. This may include transferring Your data to affiliated companies or third party service providers in accordance with Our Customer Privacy Policy (https://www.westerndigital.com/legal/privacy-statement). Except for the purposes of providing services in this Plan, We will not share Your information with third parties without Your permission and We will comply with applicable privacy and data protection laws in Your specific jurisdiction.  Unless specifically prohibited by Your jurisdiction’s privacy and data protection laws, We may transfer Your information to other countries and jurisdictions provided that anyone to whom We transfer Your information provides an adequate level of protection. In addition, Your information may be accessed by law enforcement agencies and other authorities to prevent and detect crime and comply with legal obligations.

LEGAL DISPUTES AND ARBITRATION AGREEMENT.

IF YOU RESIDE IN THE U.S.: PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

• INFORMAL DISPUTE RESOLUTION. You may contact us at Western Digital Technologies, Inc., ATTN: Legal Department, 5601 Great Oaks Parkway, San Jose, CA 95119, U.S.A. to address any concerns You may have regarding Your Plan. Most concerns may be quickly resolved in this manner. Each of You and We agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
• AGREEMENT TO BINDING ARBITRATION. If You and We do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is pursued, then either party may initiate binding arbitration pursuant to the terms set forth herein. All claims arising out of or relating to the terms set forth herein under any legal theory, including contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, scope, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable, except as provided for below. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from Your primary residence in the U.S., or in Santa Clara County, California, U.S.A., at Your option. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity including, if applicable, public injunctions. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. You and We agree that these provisions of this section shall survive termination of this agreement. This agreement memorializes a transaction involving interstate commerce and the interpretation and enforcement of this section shall be governed by the U.S. Federal Arbitration Act (9 U.S.C. § 1 et seq.).
  
  The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures or by calling 1-800-352-5267. If You initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), We will pay the additional cost. If We are required to pay the additional cost of the filing fees, You should submit a request for payment of fees to JAMS along with Your form for initiating the arbitration, and We will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all oth