Welcome to www.wdc.com or www.westerndigital.com (this “Site”). This Site is owned and operated by Western Digital Corporation (collectively “WD,” “we,” “our,” or “us”) to provide information about, among other things, our corporate affairs, products, services, partners and also contact details. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using this Site.
Other Terms and Conditions
Some products and services accessible through this Site are subject to other or additional terms and conditions (for example, WD’s online store and the WD Community). To the extent that any provision of those additional terms and conditions conflicts with these Terms, those additional terms and conditions shall prevail.
Subject to these Terms, we authorize you to view and download the information and other materials at or through this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not, without the prior written permission of WD, “mirror” any material contained on this Site on any other server. Additional terms and conditions may apply to your use of any products and services offered through this Site. Please review all such terms and conditions before you use any of our products and services.
You acknowledge and agree that this Site uses and contains proprietary and confidential technology and information owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties. The content displayed on or through this Site, including without limitation all information, data, text, software, photographs, graphics, video, or other materials (the “Content”) is copyrighted by us or our licensors under United States and international copyright laws. The Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
“Western Digital,” “WD,” the “WD logo” and certain other words and logos displayed on this Site and which may or may not be designated on this Site by a “™” “®” “SM” or other similar designation, constitute trademarks, trade names, or service marks (collectively, “Marks”) of WD or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or our respective licensors. Please click here for additional information regarding WD trademarks.
Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information displayed on this Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms; or (b) with prior written permission from us or the third party that may own the trademark or copyright of information displayed on this Site.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE, THE CONTENT AND ANY SERVICES OFFERED THROUGH THIS SITE SHALL BE AT YOUR SOLE DISCRETION AND RISK. THIS SITE, THE CONTENT AND THE SERVICES OFFERED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WD DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. WD MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THIS SITE, THE CONTENT, THE SERVICES OFFERED THROUGH THIS SITE OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THIS SITE, THE CONTENT OR SERVICES OFFERED THROUGH THIS SITE. WD DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THIS SITE OR THE CONTENT OR THE RESULTS OBTAINED FROM USING THIS SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, WD IS NOT RESPONSIBLE FOR THOSE COSTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WD OR ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, THE CONTENT OR SERVICES OFFERED THROUGH THIS SITE INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THIS SITE, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION AT LAW, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTION; OR AN ACTION IN EQUITY, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless WD, its affiliates, shareholders, directors, officers, employees, agents and licensors, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of this Site or your breach of any representations, warranties, covenants or obligations contained in these Terms.
Links to Other Sites
This Site may provide links to third-party websites or resources and contain third-party advertisements. We have no control over such websites and resources and you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that this Site provides links to or that provide links to this Site, or (ii) any content, goods, or services available on or through any such sites or resources. We take no responsibility for third party advertisements which are posted on this Site, nor do we take any responsibility for the goods or services provided by its advertisers. Your dealings with, or participation in promotions of, any third-party advertisers or other third-party providers of goods or services found on or through this Site and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider.
WD may have additional privacy policies that govern specific sites and the use of those sites.
WD respects the rights of copyright owners to control the uses of their intellectual property, and requires our users to do the same. You are responsible for complying with all copyright laws while using this Site. You agree that you will not use this Site to infringe the copyrights or other intellectual property rights of others in any way, including but not limited to, copying or distributing copyrighted works. Without limiting the foregoing, your use of this Site is subject to the terms of our Copyright Policy that is incorporated herein by reference.
These Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. Any legal proceeding arising out of the use of this Site, the Content or any other materials on this Site, or these Terms must be brought in Orange County, California and must be brought within one year after the claim or cause of action arises or it is barred. By using this Site you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, California, U.S.A. You may not assign or transfer your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of this provisions will be null and void and of no force or effect. We may assign our rights and obligations under these Terms freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersede any and all prior or contemporaneous agreements or understandings, written and oral.
Last Updated November 24, 2009