Western Digital Black2 User Manual page 21

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 we have 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 us agrees to act in good faith to seek to resolve the
Dispute before commencing arbitration.
4. 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, CLASS
ARBITRATIONS, OR PRIVATE ATTORNEY GENERAL ACTIONS. 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.
5. Arbitration Procedure. If a party elects to commence 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
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. With the exception of issues relating to the enforceability of the arbitration provision, all issues related
to this Agreement, including the Agreement's scope and the arbitrability of a Dispute, are for the arbitrator to
decide. 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.
a Initiation of Arbitration Proceeding. If either you or WDT decide to arbitrate a Dispute, we agree to the following
procedure:
(i) Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of
damages sought to be recovered. You can find a copy of a Demand for Arbitration at 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 we seek $75,000 or less in damages, exclusive of attorney's
fees and costs, if the arbitrator's decision results in an award 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 amount of fees, costs, and expenses to be paid by WDT pursuant to this Section
5(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 5(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
pre-dispute notification.
6. 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 4; if Section 4 is found to be
unenforceable, this entire Agreement shall be null and void.
WD Black² Dual Drive
User Manual
APPENDIX – 19