Effective as of October 15, 2018
Free Trial and Paid Accounts. WDT offers a free one-year trial (“Free Trial”) for your device designed for use with the Service. The Free Trial applies only to the use of the Service. The Free Trial starts when your device is first linked with an account and ends one year from the start date of the Free Trial. At the end of the Free Trial, we may allow you to maintain access to your account, but you will lose access to full functionality of the Service (e.g., you will no longer be able to backup new content). We reserve the right to delete Your Data, in whole or in part, at any time after the Free Trial ends and you have not converted to a paid account.
When the Free Trial ends, to maintain access to full functionality of the Service, you will need to convert your account to a paid account by providing a credit card or other payment method. Paid accounts are charged, in advance, on each periodic subscription and renewal until termination. You are responsible for any taxes, duties, and levies (e.g., sales tax, use tax, VAT, and GST) applicable to the Service. Charges are in United States Dollars, and prices are subject to change by us. You may terminate your account at anytime as set forth in Section 9. Payments are not subject to refund (even if the Service is terminated by you), and there are no refunds for partially used Service periods.
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
WDT’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Western Digital Corporation
3355 Michelson Drive, Suite 100
Irvine, California 92612
Arbitration; Choice of Law; Venue.
Any controversy, claim, or dispute arising out of or related to the TOS (or the interpretation, performance, or breach of it) or the Service (a “Dispute”) shall be settled by mutual consultation between the parties in good faith as promptly as possible, but failing an amicable settlement, shall be resolved according to the procedures set forth in this Section 20. If we are unable to resolve any Dispute through informal means as described above, either party may initiate binding arbitration of such Dispute. The arbitration shall be initiated and conducted according to the JAMS rules in effect as of the date hereof, including the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The arbitration shall be conducted in Santa Clara County, California before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator is bound by the terms of the TOS. No Disputes may be arbitrated on a class or representative basis. Arbitration can decide only the individual Dispute and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. BY ENTERING INTO THE TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE TOS MUST BE ASSERTED INDIVIDUALLY. The arbitrator shall not have the power to award punitive damages against any party. You can decline this agreement to arbitrate by sending a written letter to Western Digital Technologies, Inc., ATTN: Legal Department – Flashback Arbitration Opt-Out, 5601 Great Oaks Parkway, San Jose, CA 95119, U.S.A. within 30 days of first registering your account that specifies your (i) name, (ii) user name, (iii) mailing address, (iv) email address, and (v) request to be excluded from the arbitration procedure and waiver of class and representative proceedings specified in this Section 20.
The TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of laws principles. Subject to the terms of this Section 20, including the arbitration provisions above, any judicial proceeding to resolve a Dispute shall be brought exclusively in the federal or state courts of Santa Clara County, California, U.S.A. Notwithstanding anything herein to the contrary, nothing herein shall limit the right of WDT to bring proceedings against you in the courts of any other jurisdiction. YOU EXPRESSLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LITIGATION BETWEEN THE PARTIES.