Binding Individual Arbitration And Class Action Waiver Agreement - Western Digital Black2 User Manual

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Binding Individual Arbitration And Class Action Waiver
Agreement
IMPORTANT - 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
exclusions provided in this Section 1, "Dispute" shall mean any dispute, claim, or action between you and WDT
arising under 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 CONCERNING THE ENFORCEMENT OR VALIDITY OF YOUR, WDT'S, OR EITHER OF OUR
LICENSORS' INTELLECTUAL PROPERTY RIGHTS, INCLUDING CLAIMS OF (A) TRADE SECRET
MISAPPROPRIATION, (B) PATENT INFRINGEMENT, (C) COPYRIGHT INFRINGEMENT AND MISUSE,
AND (D) TRADEMARK INFRINGEMENT AND DILUTION.
2. Binding Arbitration. You and WDT further agree: (a) to arbitrate all Disputes between the parties pursuant to
the provisions herein; (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.
Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or
municipality if the action is pending only in that court. 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. The decision of the arbitrator shall be final
and enforceable by any court with jurisdiction over the parties.
3. 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
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User Manual
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