WD Elements Installation Guide
- June 7, 2024
- WD
Table of Contents
WD Elements™
Technical Support Services
http://support.wd.com
www.wd.com
North America| 800.ASK.4WDC (800.275.4932)| Asia Pacific| +86.21.2603.7560 or
http://support.wd.com/contact
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Spanish| 800.832.4778| Japan| 0800.805.7293
Europe (toll free where available)| 00800.27549338| Australia & New Zealand|
+800.2275.4932
Europe/Middle East/Africa| +31.880062100| Russia| 8.10.8002.3355011
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.
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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.
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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.
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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.
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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 commencing
arbitration. -
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.
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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 a
Demand 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 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 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. -
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 Compliance
Approved 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 Europe
Marking 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 Zealand
Obtaining Service
WD 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 Warranty
WD 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
specification 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.
Warranty
WD 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 number
shown 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 100
Irvine, California 92612
E-mail: support@wd.com
References
- High-Performance SSDs, HDDs, USB Drives, & Memory Cards | Western Digital
- Home - Identity Digital
- WD External Hard Drive and Internal Hard Drives | Western Digital
- JAMS: Mediation, Arbitration and ADR Services
- WD External Hard Drive and Internal Hard Drives | Western Digital
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