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. In the event of a Dispute, you or WDT must first send to the other party a 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. The arbitrator may award you the same damages as a court sitting 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.ĪRBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TOĪ JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. You and WDT further agree: (a) to arbitrate all Disputes between the 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. YOU AND WDT AGREE THAT “DISPUTE” AS DEFINED IN THIS AGREEMENT 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. and its affiliates (collectively, “WDT”). The terms of this Agreement shall apply to all Disputes between you and 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. 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.
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