PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOU MUST ACCEPT THESE PROGRAM TERMS ("PROGRAM TERMS") TO PARTICIPATE IN THE WD RECYCLING PROGRAM (THE "PROGRAM") DESCRIBED ON THE WD WEBSITE (THE "SITE") AND TO OBTAIN YOUR PRE-PAID SHIPPING LABELS. THE PROGRAM TERMS CONSTITUTE A BINDING AGREEMENT GOVERNING YOUR PARTICIPATION IN THE PROGRAM. BY CLICKING THE "I AGREE" BOX, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE PROGRAM TERMS.
You acknowledge that you are responsible for removing all confidential data that may be stored on the Product. Before you ship any Product for recycling, you are responsible for: (a) deleting your data on the Products; and (b) backing up or transferring any data prior to deletion. Neither WD, USMe, nor any third party (including parcel service) will accept liability for lost data or software or dissemination of confidential information, and you waive and release any such claims.
WD and USMe provide this service as an accommodation and accept no liability to any person for any services performed in connection with the recycling offered in this Program. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WD AND USME DISCLAIM ANY AND ALL WARRANTIES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, WD AND USME WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE PROGRAM, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WD’S AND USME’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID TO USME TO RECYCLE THE PRODUCT YOU RECYCLED USING THIS PROGRAM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION AT LAW, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION; OR AN ACTION IN EQUITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF WD OR USME HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.
Western Digital and non-Western Digital network attached storage (NAS) devices, internal and external hard disk drives (HDDs) and solid state drives (SSDs), excluding any such products containing batteries.