WD Elements Installation Guide

WD Elements™

Technical Support Services

http://support.wd.comwww.wd.com

BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AGREEMENTIMPORTANT – READ CAREFULLY. YOUR PURCHASE IS SUBJECT TO THE TERMS OF THIS BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION  WAIVER AGREEMENT (THIS “AGREEMENT”), AND OTHER TERMS AS APPLICABLE TO PARTICULAR PRODUCTS OR SERVICES. THIS AGREEMENT  CONTAINS A BINDING ARBITRATION PROVISION THAT REQUIRES THE RESOLUTION OF DISPUTES ON AN INDIVIDUAL BASIS, LIMITS YOUR  ABILITY TO SEEK RELIEF IN A COURT OF LAW, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR A JURY  TRIAL FOR CERTAIN DISPUTES.

1. Disputes. The terms of this Agreement shall apply to all Disputes between you and Western Digital Technologies, Inc. and its affiliates (collectively, “WDT”). For the purposes of this Agreement and subject to the exceptions set forth in this Section 1, “Dispute” shall mean any dispute, claim, or action between you and WDT arising out of or relating to all WDT products and services, including without limitation hardware and software products, this Agreement, or other transaction involving you and WDT, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND WDT AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT SHALL NOT INCLUDE ANY CLAIM OR  CAUSE OF ACTION BY YOU OR WDT FOR (A) TRADE SECRET MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT  INFRINGEMENT OR MISUSE, AND (D) TRADEMARK INFRINGEMENT OR DILUTION. MOREOVER, NOTWITHSTANDING SECTION 6, YOU AGREE  THAT A COURT, NOT THE ARBITRATOR, MAY DECIDE IF A CLAIM FALLS WITHIN ONE OF THESE FOUR EXCEPTIONS.
2. Binding Arbitration. You and WDT further agree: (a) to arbitrate all Disputes between the parties pursuant to the provisions in this agreement; (b) this Agreement memorializes a transaction in interstate commerce; and (c) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Agreement.  ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE  LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction could, and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
3. Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
4.  Dispute Notice. In the event of a Dispute, you or WDT must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to  WDT must be addressed to Western Digital Technologies, Inc., ATTN: Legal Department, 3355 Michelson Drive, Suite 100, Irvine, CA 92612, U.S.A. (the “WDT Notice  Address”). The Dispute Notice to you will be sent by certified mail to the most recent address WDT on file or otherwise in our records for you. If WDT and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or WDT may commence an arbitration proceeding pursuant to this Agreement. Following submission and receipt of the Dispute Notice, each of the parties agree to act in good faith to seek to resolve the Dispute before commencingarbitration.
5. WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND WDT AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE  OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR  REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS.  ACCORDINGLY, UNDER THE ARBITRATION PROCEDURES OUTLINED IN THIS AGREEMENT, AN ARBITRATOR SHALL NOT COMBINE OR  CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS WITHOUT THE WRITTEN CONSENT OF ALL AFFECTED PARTIES TO AN ARBITRATION  PROCEEDING. 
6. Arbitration Procedure. If a party elects to commence an arbitration, the arbitration shall be governed by the rules of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”), available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this Agreement. If there is a conflict between the JAMS Rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this Agreement. 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, enforceability or formation of this Agreement,  including, but not limited to, any claim that all or any part of this Agreement is void or voidable. Notwithstanding this broad delegation of authority to the arbitrator, a  court may determine the limited question of whether a claim or cause of action is for trade secret misappropriation, patent infringement, copyright infringement or misuse,  or trademark infringement or dilution, all of which are excluded from the definition of “Disputes” in Section 1. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. 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, or in Orange County, California, at your option. an Initiation of Arbitration Proceeding. If either you or WDT decides to arbitrate a.  Dispute, both parties agree to the following procedure:(i) Write a Demand for Arbitration. The demand must include a description of the Dispute and the number of damages sought to be recovered. You can find a copy of aDemand for Arbitration at http://www.jamsadr.com (“Demand for Arbitration”).(ii) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to: JAMS 500 North State College Blvd., Suite 600 Orange, CA 92868, U.S.A.(iii) Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.b . Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based.  During the arbitration, the amount of any settlement offer made by WDT or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or WDT is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.c. Arbitration Fees. WDT shall pay, or (if applicable) reimburse you for, all JAMS filing, administration and arbitrator fees for any arbitration commenced (by you or WDT)  pursuant to provisions of this Agreement.d.Award in Your Favor. For Disputes in which you or WDT seeks $75,000 or less in damages, exclusive of attorney’s fees and costs, if the arbitrator’s decision results in anaward to you in an amount greater than WDT’s last written offer, if any, to settle the Dispute, WDT will: (i) pay you $1,000 or the amount of the award, whichever is greater; (ii)pay you twice the amount of your reasonable attorney’s fees, if any; and (iii) reimburse you for any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing the Dispute in arbitration. Except as agreed upon by you and WDT in writing, the arbitrator shall determine the number of fees, costs, and expenses to be paid by WDT pursuant to this Section 6(d).e. Attorney’s Fees. WDT will not seek its attorney’s fees and expenses for any arbitration commenced involving a Dispute under this Agreement. Your right to attorney’s fees and expenses under Section 6(d) above does not limit your rights to attorney’s fees and expenses under applicable law; notwithstanding the foregoing, the arbitrator may not award duplicative awards of attorney’s fees and expenses.f. Opt-out. You may elect to opt-out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Agreement by sending a written letter to the WDT Notice Address within thirty (30) days of your assent to this Agreement (including the purchase, download,  installation or other use of WDT products and services) that specifies (i) your name, (ii) your mailing address, and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Agreement. In the event that you opt-out consistent with the procedure set forth above, all other terms shall continue to apply, including the requirement to provide notice prior to arbitration.
7. Severability. If any provision in this Agreement is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions as provided in Section 5; if Section 5 (but only Section 5) is found to be unenforceable, this entire Agreement shall be null and void.

Regulatory Compliance

FCC Class B Information

Operation of this device is subject to the following two conditions: (1) This device may not cause harmful interference, and (2) this device must accept any interference received.This device has been tested and found to comply with the limits of a Class B digital device, pursuant to Part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This unit generates, uses, and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio or television reception. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, you are  encouraged to try to correct the interference by one or more of the following measures:

• Reorient or relocate the receiving antenna.
• Increase the separation between the equipment and the receiver.
• Connect the equipment into an outlet on a circuit different from that to which the receiver is connected.
• Consult the dealer or an experienced radio/television technician for help.

Any changes or modifications not expressly approved by the manufacturer could void the user’s authority to operate this equipment.

CAN ICES-3 (B) / NMB-3 (B) Statement Cet appareil numérique de la classe B est conforme à la norme NMB-3 (B) du Canada.This device complies with Canadian ICES-3 (B).Safety ComplianceApproved for US and Canada. CAN/CSA-C22.2 No. 60950-1, UL 60950-1: Safety of Information Technology Equipment. For use only with a UL Listed PC.CE Compliance For EuropeMarking by the CE symbol indicates compliance of this system to the applicable Council Directives of the European Union, including the EMC Directive (2004/108/EC)and the Low Voltage Directive (2006/95/EC). A “Declaration of Conformity” in accordance with the applicable directives has been made and is on file at Western Digital Europe.

Warranty Information

All Regions Except Australia/New ZealandObtaining ServiceWD values your business and always attempts to provide you the very best of service.If this Product requires maintenance, either contact the dealer from whom you originally purchased the Product or visit our product support Web site at http://support.wd.com for information on how to obtain service or a Return Material Authorization (RMA). If it is determined that the Product may be defective, you will be given an RMA number and instructions for Product return. An unauthorized return (i.e., one for which an RMA  number has not been issued) will be returned to you at your expense. Authorized returns must be shipped in an approved shipping container, prepaid and insured, to the address provided on your return paperwork. Your original box and packaging materials should be kept for storing or shipping your WD product. To conclusively establish the period of warranty, check the warranty expiration (serial number required) via http://support.wd.com. WD shall have no liability for lost data regardless of the cause, recovery of lost data, or data contained in any Product placed in its possession.Limited WarrantyWD warrants that the Product, in the course of its normal use, will for the term defined below, be free from defects in material and workmanship and will conform to WD’sspecification therefor. The term of your limited warranty depends on the country in which your Product was purchased. The term of your limited warranty is for 1 year in the  North, South and Central America region, 2 years in Europe, the Middle East, and Africa region, and 3 years in the Asia Pacific region, unless otherwise required by law. The term of your limited warranty period shall commence on the purchase date appearing on your purchase receipt. WD may at its discretion make extended warranties available for purchase. WD shall have no liability for any Product returned if WD determines that the Product was stolen from WD or that the asserted defect a) is not present, b) cannot reasonably be rectified because of damage occurring before WD receives the Product, or c) is attributable to misuse, improper installation, alteration (including removing or obliterating labels and opening or removing external enclosures, unless the product is on the list of limited user-serviceable products and the specific alteration is within the scope of the applicable instructions, as found at http://support.wd.com), accident or mishandling while in the possession of someone other than WD. Subject to the limitations specified above, your sole and exclusive warranty shall be, during the period of warranty specified above and at WD’s option, the repair or replacement of the Product with an equivalent or better Product.The foregoing warranty of WD shall extend to repaired or replaced Products for the balance of the applicable period of the original warranty or ninety (90) days from the date of shipment of a repaired or replaced Product, whichever is longer. The foregoing limited warranty is WD’s sole warranty and is applicable only to products sold as new. The remedies provided herein are in lieu of a) any and all other remedies and warranties, whether expressed, implied or statutory, including but not limited to, any implied warranty of merchantability or fitness for a particular purpose, and b) any and all obligations and liabilities of WD for damages including, but not limited to accidental, consequential, or special damages, or any financial loss, lost profits or expenses, or lost data arising out of or in connection with the purchase, use, or performance of the Product, even if WD has been advised of the possibility of such damages. In the United States, some states do not allow exclusion or limitations of incidental or consequential damages, so the limitations above may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

No other warranties either express or implied by law, including but not limited to those contained in the Sale of Goods Act, are made with respect to the Product. If you purchased your Product in New Zealand for the purposes of a business, you acknowledge and agree that the New Zealand Consumer Guarantees Act does not apply.In Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. What constitutes a major failure is set out in the Australian Consumer Law.WarrantyWD warrants that the Product, in the course of its normal use, will for the term defined below, be free from defects in material and workmanship and will conform to WD’s specifications. The term of your warranty is 3 years in Australia and New Zealand unless otherwise required by law. The term of your warranty period shall commence on the purchase date appearing on your purchase receipt from an authorized distributor or authorized reseller. Proof of purchase shall be required to be eligible for this warranty and to establish the commencement date of this warranty. Warranty service will not be provided unless the Product is returned to an authorized distributor, authorized reseller, or regional WD return center where the Product was first shipped by WD. WD may at its discretion make extended warranties available for purchase. WD shall have no liability for any Product returned if WD determines that the Product was (i) not purchased from an authorized distributor or authorized reseller, (ii) not used in accordance with WD  specifications and instructions, (iii) not used for its intended function, or (iv) stolen from WD, or that the asserted defect a) is not present, b) cannot reasonably be rectified because of damage occurring before WD receives the Product, or c) is attributable to misuse, improper installation, alteration (including removing or obliterating labels and opening or removing external enclosures, including the mounting frame, unless the product is on the list of limited user-serviceable products and the specific alteration is within the scope of the applicable instructions, as found at http://support.wd.com), accident or mishandling while in the possession of someone other than WD.PRODUCTS ARE COMPLEX AND FRAGILE ITEMS THAT MAY OCCASIONALLY FAIL DUE TO (A) EXTERNAL CAUSES, INCLUDING WITHOUT LIMITATION, MISHANDLING, EXPOSURE TO HEAT, COLD, AND HUMIDITY,  AND POWER FAILURES, OR (B) INTERNAL FAULTS. SUCH FAILURES  CAN RESULT IN THE LOSS, CORRUPTION, DELETION OR ALTERATION OF DATA. NOTE THAT YOU SHALL BE RESPONSIBLE FOR THE LOSS,  CORRUPTION, DELETION OR ALTERATION OF DATA HOWSOEVER CAUSED, AND FOR BACKING UP AND PROTECTING DATA AGAINST LOSS,  CORRUPTION, DELETION OR ALTERATION. YOU AGREE TO CONTINUALLY BACK UP ALL DATA ON THE PRODUCT, AND TO COMPLETE A  BACKUP PRIOR TO SEEKING ANY GENERAL SERVICE AND TECHNICAL SUPPORT FROM WD.In Australia, if the Product is not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided it is fair and reasonable to do so, WD limits its liability to replacement of the Product or supply of equivalent or better Product. This warranty shall extend to repaired or replaced Products for the balance of the applicable period of the original warranty or ninety (90) days from the date of shipment of a repaired or replaced Product, whichever is longer. This warranty is WD’s sole manufacturer’s warranty and is applicable only to Products sold as new.  Obtaining Service WD values your business and always attempts to provide you the very best of service. Should you encounter any problem, please give us an opportunity to address it before returning this Product. Most technical support questions can be answered through our knowledge base or e-mail support service at http://support.wd.com. If the answer is not available or, if you prefer, please contact WD at the applicable telephone numbershown in the front of this document.If you wish to make a claim, you should initially contact the dealer from whom you originally purchased the Product. If you are unable to contact the dealer from whom you originally purchased the Product, please visit our product support Web site at http://support.wd.com for information on how to obtain service or a Return Material  Authorization (RMA). If it is determined that the Product may be defective, you will be given an RMA number and instructions for Product return. An unauthorized return (i.e., one for which an RMA number has not been issued) will be returned to you at your expense. Authorized returns must be shipped in an approved shipping container,prepaid and insured, to the address provided with your RMA number. If following receipt of a qualifying claim under this warranty, WD or the dealer from whom you originally purchased the Product determines that your claim is valid, WD or such dealer shall, at its discretion, either repair or replace the Product with an equivalent or better product or refund the cost of the Product to you. You are responsible for any expenses associated with a claim under this warranty. The benefits provided to you under this warranty are in addition to other rights and remedies available to you under the Australian Competition and Consumer Act or the New Zealand Consumer Guarantees Act.Your original box and packaging materials should be kept for storing or shipping your WD product. To conclusively establish the period of warranty, check the warranty expiration (serial number required) via http://support.wd.com.Western Digital Technologies, Inc.3355 Michelson Drive, Suite 100Irvine, California 92612E-mail: [email protected]

References

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  Support | Western Digital
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  Support | Western Digital
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  Product Registration | WD Support
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  WD External Hard Drive and Internal Hard Drives | Western Digital
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  Home – Identity Digital
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  JAMS: Mediation, Arbitration and ADR Services
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  High-Performance SSDs, HDDs, USB Drives, & Memory Cards | Western Digital
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  WD External Hard Drive and Internal Hard Drives | Western Digital