Last Updated on May 28, 2018.
These Terms of Use (these “Terms of Use”) govern your Use (as defined below) of the websites offered by Western Digital Technologies, Inc. and/or its affiliates (collectively, “Western Digital,” “we,” or “our”) and the content, features, materials, software and related documentation, and services available on such websites (such websites, content, features, materials, software and related documentation, and services, collectively, the “Services”).
IMPORTANT – PLEASE READ CAREFULLY – If you do not agree to these Terms of Use, then you are not authorized to Use the Services.
To help you navigate and find specific sections of these Terms of Use, please refer to this table of contents below:
Acceptance of These Terms of Use
Interpretation
Changes to These Terms of Use
Additional Terms
Ownership
Use Restrictions
Account Registration and Subscriptions
Privacy Practices
User Content License Grant
Access from Outside the United States
Links to Third-Party Sites and Applications
Limitation of Liability
Disclaimer
Copyright Policy and DMCA Copyright Infringement Claims
Trademark Usage Policy
United States Government Restricted Rights
Choice of Law; Severability
Forward-Looking Statements
Changes to the Services
Contact Us
Acceptance of These Terms of Use
By Using (as defined below) the Services: you represent and warrant that 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 of Use; you acknowledge that you have read and understood, and agree to be bound by, these Terms of Use; and you agree to 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, organization, or other entity, then: “you” includes you and that entity; you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use and that you agree to these Terms of Use on the entity’s behalf; and you agree that such entity is legally and financially responsible for your Use of the Services as well as for the use of your User Account (as defined below) by others affiliated with your entity, including any employees, agents, or contractors.
Interpretation
For purposes of these Terms of Use: the capitalized verb “Use” means to access, browse, create a User Account (as defined below) on, upload content or material to, download content or material from, or otherwise use the Services (and the noun “Use” and term “Using” will have corollary meanings); the terms “you” and “your” refer to you as a user who Uses the Services; and all references to the words “includes,” “included,” or “including” are deemed to be followed by the words “without limitation.”
Changes to These Terms of Use
WE MAY, AT OUR SOLE DISCRETION, CHANGE THESE TERMS OF USE AT ANY TIME BY UPDATING THIS PAGE. IF YOU CONTINUE TO USE THE SERVICES AFTER ANY SUCH CHANGE, THEN YOU ARE BOUND BY SUCH CHANGE. THEREFORE, YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE. IF ANY CHANGE IS NOT ACCEPTABLE TO YOU, YOU ARE NOT PERMITTED TO CONTINUE USING THE SERVICES.
Additional Terms
We offer a broad range of products and services, including software products and services. Some products or services available on our websites may be subject to other or additional terms and conditions (“Additional Terms”). Those Additional Terms will be made available with the relevant products or services, such as by being posted directly on the website of those products or services or being presented as a separate set of terms and conditions at the time of purchase, download, access, browsing, or use of those products or services. To the extent these Terms of Use apply to those products or services (e.g., because they are made available on our websites) but are inconsistent with the Additional Terms applicable to those products or services, those Additional Terms will supersede any inconsistent provisions in these Terms of Use and will control with respect to those products or services.
Ownership
The Services, including their “look and feel” (e.g., text, graphics, images, and logos), proprietary content, information, and other materials contained on the Services, are protected by law, including United States intellectual property, copyright, trademark, and other laws, and international treaties. You acknowledge that Western Digital and/or our licensors own all right, title, and interest in and to the Services (including any and 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.
Use Restrictions
Except as expressly authorized herein, none of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission or the copyright owner’s prior written permission. Subject to your compliance with these Terms of Use, Western Digital hereby grants you a limited non-exclusive right to access and use the materials contained on the Services, in each case for personal, non-commercial use only, and provided you do not modify, re-sell, or make commercial use of such materials. This permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any materials obtained from the Services.
You agree that you will not: remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; decompile, disassemble, reverse compile, reverse assemble, or otherwise reverse engineer any Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); use any means to discover any confidential source code of any portion of the Services; or circumvent any functionality that controls access to or otherwise protects the Services.
You further agree not to Use the Services in any manner to 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. You agree that Western Digital 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. You agree that you will not intentionally or unintentionally violate any applicable law in connection with your Use of the Services. If you breach any of the foregoing, you may be subject to prosecution and damages.
You acknowledge that, except as expressly set forth herein, nothing in these Terms of Use 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, implication, or otherwise, and you agree that you have sole responsibility for obtaining such licenses by separate written agreement. Unauthorized Use of any Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Account Registration and Subscriptions
We may require you to register an account to Use certain features or sections of the Services (a “User Account”). You may create a User Account by completing the registration process set forth on the applicable section of the Services. You are responsible for providing accurate and current account information.
You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Western Digital for Using the Services. You are fully responsible for all activities that occur under your User Account. Western Digital may not have control over the use of your or any other user’s User Account, and Western Digital expressly disclaims any liability derived therefrom.
Privacy Practices
Your Use of the Services is also subject to our Privacy Statement, which is available by clicking here (the “Privacy Statement”). Please review the Privacy Statement to learn about our privacy practices.
User Content License Grant
As a condition of your Use of the Services, by posting, uploading, publishing, submitting, displaying, or transmitting any content or other materials through the Services (“Your Content”), you hereby grant to Western Digital a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, fully sublicenseable (including to other users of the Services) license to access, use, reproduce, transmit, display, publish, distribute, publicly perform, publicly display, modify, adapt, and create derivative works from Your Content and to incorporate Your Content into other works in any format or medium now known or later developed for any and all commercial or non-commercial purposes. You represent and warrant: that you own or otherwise control all of the rights to Your Content, including all copyrights; that Your Content is accurate and does not infringe or misappropriate the intellectual property rights of any third party, including, the rights of publicity and privacy; and that use of Your Content does not violate these Terms of Use or the Privacy Statement and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or other materials submitted or posted through the Services by you or any third party. To the extent that Your Content contains any images, you further represent and warrant that each person depicted in such images, if any, has provided consent to the use of the images as set forth in these Terms of Use.
WE RESERVE THE RIGHT TO PRE-SCREEN, REFUSE, MODIFY, OR REMOVE ANY CONTENT OR MATERIAL ON THE SERVICES FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION THAT SUCH CONTENT OR MATERIAL VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SERVICES.
Access from Outside the United States
The Services are controlled and operated by us from our offices within the United States. We make no representation that the Services are appropriate or available for Use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to Use the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. If you Use the Services from other locations, you are responsible for compliance with applicable local laws, including the export and import regulations of other countries. You acknowledge that some or all of the Services, including the materials contained thereon, 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 website, 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.
Links to Third-Party Sites and Applications
The Services may contain links to third-party websites or applications. However, please be aware that we are not responsible for and do not control these other websites or applications. Western Digital makes no representations whatsoever about any other website or application that you may access through the Services. When you access a third-party website or application, even one that may display a Western Digital company logo, it is up to you to take precautions to ensure that you agree with that website’s or application’s terms of use and that the website or application is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. You agree that under no circumstances will Western Digital be liable in any way for any third-party websites or applications.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE and our directors, officers, employees, and consultants (collectively, “THE Western Digital PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE SERVICES OR BEING UNABLE TO DO ANY OF THE FOREGOING. IN NO EVENT SHALL THE Western Digital PARTIES BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THE Western Digital PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICES AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST THE Western Digital PARTIES FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
YOU AGREE TO HOLD THE Western Digital PARTIES ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE Western Digital PARTIES FOR, ANY CLAIMS RELATED TO THE SERVICES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THESE TERMS OF USE) FROM ANY Western Digital PARTIES IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER FROM THE Western Digital PARTIES DAMAGES UP TO AN AMOUNT EQUAL TO YOUR SERVICES FEE FOR THE MONTH DURING WHICH THE BREACH OCCURRED (OR UP TO $100.00 IF THE CLAIMS RELATE TO ANY SERVICES THAT ARE FREE).
THESE LIMITATIONS ON THE Western Digital PARTIES’ LIABILITY SHALL APPLY WHETHER OR NOT Western Digital HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
Disclaimer
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. ALL PARTS OF THE Services are PROVIDED BY Western Digital ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS ONLY, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Western Digital 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. Western Digital DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE SERVICES.
Copyright Policy and DMCA Copyright Infringement Claims
Pursuant to Title 17, United States Code, Section 512(c), it is Western Digital’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws. We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please use the procedures as stated in our Copyright Policy.
Trademark Usage Policy
The trademarks, logos, and service marks (collectively, “Marks”) displayed with the provision of our goods and services are the property of Western Digital or third parties. Western Digital’s Marks may only be used under limited circumstances and with Western Digital’s prior written approval. Approvals are provided on a case-by-case basis. All approved uses must be in strict accordance with our Trademark and Logo Usage Guidelines. Click here for a non-exhaustive list of Western Digital Marks.
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.
Choice of Law; Severability
Any claim arising from or relating to the Services, including the Use of (or inability to Use) the Services, is governed by, the laws of the State of California without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution of any and all disputes arising from or relating to your Use of the Services. If any provision of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Terms of Use.
Forward-Looking Statements
Some of the information on our Services, including our websites such as investor.wdc.com, may contain forward-looking statements within the meaning of the federal securities laws, including statements regarding future events, our future operating or financial plans or performance, our anticipated growth, trends in our business and the markets in which we operate, and other characterizations of future events or circumstances. All statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties that may cause actual results to differ materially from those expressed or implied in the forward-looking statements. More information about the risks and uncertainties that could affect our business are listed in our filings with the United States Securities and Exchange Commission (the “SEC”) and available on the SEC’s website at www.sec.gov, including our most recently filed periodic report, to which your attention is directed. You should not place undue reliance on these forward-looking statements. We do not undertake any obligation to publicly update or revise any forward-looking statement, whether as a result of new information, future developments, or otherwise, except as required by law.
Changes to the Services
Western Digital reserves the right to change or discontinue, temporarily or permanently, the Services (or any part thereof), or the products or services described therein, at any time without notice. Upon any termination of the Services or any portion thereof, Western Digital has no obligation to maintain or provide Your Content or other data.
Contact Us
If you have questions, complaints, or comments about these Terms of Use, if you wish to receive further information regarding the Services, or if you wish to otherwise contact Western Digital, please contact us at the information located on our Contact Western Digital page.
