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SelectWD Eligibility and Membership.
SelectWD program eligibility and membership is subject to further
qualifications, and eligibility and membership shall be determined
solely by Western Digital ("WD"). Qualifying criteria and benefits of
membership may differ from country to country. The SelectWD program
membership is generally available to qualifying resellers, system
integrators, and small corporations that buy WD hard drives only from
WD authorized distributors in the country where they are located ("WD
Authorized Distributors"). However, a select set of customers (e.g.,
resellers or system integrators) may not be eligible to participate in
the SelectWD program due to other arrangements or agreements in place
for the benefit of that particular set of customers. WD employees,
their immediate family, WD authorized distributors and their
subsidiaries and affiliates are not eligible to participate in the
SelectWD program. WD reserves the right to terminate any member from
participation in the SelectWD program at any time at its discretion.
Decisions made by WD regarding eligibility, membership and termination
of membership are final.
SelectWD Benefits and Incentives.
By participating in the SelectWD program, you agree to provide to WD,
on a weekly basis, copies of all invoices showing your purchases of WD
products from WD Authorized Distributors. WD will verify these
documents against WD Authorized Distributors reported sales
transactions. SelectWD benefits or incentives will only be available to
you if the invoices you provided to WD match the information in the
sales reports provided by WD Authorized Distributors and if you have
complied with all other SelectWD program requirements. SelectWD points
earned during any particular program period cannot be carried forward
to the next program period (unless otherwise specified in the program).
Points earned during a program period that did not meet minimum point
requirements for that program period will not be eligible for
incentives or benefits for that period, and will be forfeited at the
beginning of a new program period. WD may require proof of compliance
or may audit and inspect a participant s records from time to time
(upon twenty-four hours prior notice) to confirm the participant s
compliance with the SelectWD program requirements.
Use of Site.
WD authorizes you to view and download materials ("Materials")
available on the SelectWD web site ("Site") only for your personal and
commercial use, provided that you retain all copyright and other
proprietary notices contained in the original Materials in any copies
of the Materials. The copyright in the Materials is held by WD, its
subsidiaries or affiliates, or third parties. You may not modify the
Materials at this Site in any way or in any form or by any means,
including, without limitation, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of WD or
other copyright owner. Western Digital, WD, the Western Digital logo,
WD Raptor , WD Caviar , WD Scorpio and the SelectWD program logo are
either registered trademarks or trademarks of Western Digital
Technologies, Inc. Other brand and product names are the property of
their respective companies.
Communication.
By accepting these Terms and Conditions and registering for membership
in the SelectWD program, you authorize WD to communicate with you via
electronic mail regarding the SelectWD program.
Security Measures.
Access to some content accessible from the Site is password controlled.
By registering for membership in the SelectWD program, you are
certifying that you are an authorized representative of your company
with the right to bind your company to these Terms and Conditions and
any additional terms and conditions necessary for access to and use of
password-controlled content. You further certify that all of the
information that you provide in the membership process is accurate and
complete. You are solely responsible for maintaining the
confidentiality of your user ID and password and access to your
account, and you are solely responsible for all activities that occur
under your user ID and password. You shall immediately notify Western
Digital of any unauthorized use of your user ID, password or account.
Western Digital will not be liable for any loss that you may incur as a
result of someone else using your user ID, password or your account.
Links to Other Web Sites.
Links to third party web sites from this Site are provided solely as a
convenience to you. If you use these links, you will leave this Site.
WD has not reviewed all of these sites or their content. Thus, WD does
not endorse or make any representations about them, or any information,
software or other products or materials found there, or any results
that may be obtained from using them. If you decide to access any of
the third party sites linked to this Site, you do so entirely at your
own risk.
Disclaimer.
THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ("SERVICES") ARE
PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WD
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. WD
further does not warrant or make any representation regarding the
quality, validity, accuracy or completeness of the Materials or
Services or that your use of the Site will be uninterrupted of
error-free, or that this Site is free from any viruses or other harmful
mechanisms. WD may make changes to this Site, the Materials or
Services, or to the products, specifications or information described
in them, at any time without notice. This Site and/or the Materials may
refer to products, programs or services that are not available in your
country. Please consult your local WD authorized distributor for
information concerning the products, programs and services that may be
available to you.
Limitation of Liability.
IN NO EVENT WILL WD WILL BE LIABLE FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES
(INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST PROFITS OR BUSINESS
INTERRUPTION) WHATSOEVER ARISING FROM THE USE OR INABILITY TO USE THE
SITE OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED OR ACCESSIBLE
FROM THIS SITE, EVEN IF WD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Governing Law.
The use of the Site, its content and these Terms and Conditions is
governed by the laws of the State of California, U.S.A., without regard
to its conflict of laws provisions. Any legal proceeding arising out of
the use of this Site, its content or these Terms and Conditions must be
brought in Orange County, California, U.S.A. If for any reason a court
of competent jurisdiction finds any provision of these Terms and
Conditions to be unenforceable, that provision will be enforced to the
maximum extent permissible so as to affect the intent of these Terms
and Conditions, and the remainder of these Terms and Conditions will
continue in full force and effect.
General.
These Terms and Conditions represent the entire agreement relating to
the use of this Site. WD's failure to enforce any right or provision of
these Terms and Conditions does not constitute a waiver of that right
or provision. WD may revise the Terms and Conditions at any time by
posting the revised Terms and Conditions on this Site. Your continued
use of the Site after the posting of any changes to these Terms and
Conditions constitutes your acceptance of those changes. To view the
most current version of these Terms and Conditions at any time, click
on the "Terms and Conditions" link available on the Site.
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