WD GUARDIAN SUPPORT SERVICES
Terms and Conditions

Your WD Guardian Pro ("Guardian Pro"), WD Guardian Express ("Guardian Express" and together with Guardian Pro, a "Guardian Plan"), WD Guardian Extended Care ("Extended Warranty") or any per incident services ("Per Incident Services") you purchase, is governed by these Terms and Conditions. Each Guardian Plan, the Extended Warranty, and any Per Incident Services are also referred to herein as a "Service Plan." These Terms and Conditions govern the provision of each Service Plan for those Western Digital branded product(s) listed in your Service Plan's confirmation or receipt (collectively, "Product"). These Terms and Conditions constitute your contract with Western Digital Technologies, Inc. ("WD") for such Service Plan(s).

  1. Activation. To activate any Guardian Plan or Extended Warranty and receive your activation confirmation ("Activation Confirmation"), you must promptly register such Guardian Plan's or Extended Warranty's unique activation code as described in the instructions included in each such Guardian Plan's or Extended Warranty's packaging. You must complete activation of any Guardian Plan or Extended Warranty within thirty (30) days of purchase of such Guardian Plan or Extended Warranty. Per Incident Services shall be active and effective at the time of purchase from WD.
  2. Business Purpose Acknowledgement; Your Responsibilities. To receive service or support under any Service Plan, you agree to acknowledge and comply with the following:
    • That you have purchased the Product(s) for business use and not for personal, family or household use.
    • Provide proof of purchase of Product and Service Plan, your Activation Confirmation and serial number of the Product;
    • Provide information about the symptoms and causes of the problems with the Product;
    • Respond to requests for information, including but not limited to the Product serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Product, any error messages displayed, actions taken before the Product experienced the issue and steps taken to resolve the issue; and
    • Follow instructions WD gives you, including but not limited to refraining from sending WD products and accessories that are not subject to repair or replacement service and packing the Product in accordance with shipping instructions.
  3. Coverage.
    • WD's obligations under a Service Plan are limited, and are as set forth herein. Additional terms may apply strictly with respect to the Extended Warranty depending on your country, province, region or state of residence, please refer to Section 10 entitled "Variations" below.
    • A Service Plan is available for purchase only by the original purchaser of the Product, or, to the extent the original purchaser of the Product is an authorized consultant or other agent of the initial end user of the Product, then by the initial end user of the Product. The Extended Warranty must be initially purchased within the applicable standard warranty period following the initial Product purchase. An Extended Warranty may only be purchased once, and is not renewable. A Guardian Plan and Per Incident Services may be purchased at any time throughout the life of the Product, and are renewable. Other than as set forth above in this Section 3(b), A Service Plan may not be transferred to another party and may only be accessed and used by the original purchaser.
    • The applicable services under a Service Plan are provided during the applicable term for which you paid for such Service Plan, as more fully described in such Service Plan, commencing on the date of purchase of your Service Plan (such term, the "Service Plan Term").
    • Service options, parts availability and response times will vary according to state/region/country. Depending on the Service Plan you have purchased, you may be responsible for shipping and handling charges if the Product cannot be serviced in the state/region/country it is in.
  4. Obtaining Services; Product Repair Process
    • Obtaining Service. To obtain service under a Service Plan, you may contact WD through its website or by telephone (see http://support.wdc.com/contact/). Telephone numbers may vary according to your location. When accessing the website, follow the instructions for requesting repair service provided by WD. If calling, a WD technical support representative will answer, request necessary confirmations for purchase of a Service Plan, advise you and determine what service is necessary for the Product. All service is subject to WD's prior approval. Location of service may vary due to your location. Keep your Activation Confirmation document and the original sales receipt for your Product and your Service Plan.
    • Product Repair Process; RMA. If your Product is under its expressed standard warranty period or the term of an effective extended warranty you have purchased, and believe your Product is defective, you may contact WD via its website or by telephone (see (see http://support.wdc.com/contact/ for telephone numbers). You are required to provide your Product serial number, date of Product purchase, date of Service Plan purchase and activation, description of the performance of the Product, and any other information reasonably requested by WD, and follow instructions reasonably given by WD. No Product may be returned directly to WD without first obtaining an RMA number. To obtain an RMA number and make a claim please visit http://support.wdc.com/warranty/. If it is determined that the Product may be defective and it is necessary for it to be returned, 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 and/or one that does not conform to the instructions given for Product return, will be returned to you at your expense. If you have purchased a Guardian Plan, you will be entitled to receive advance shipment services, as more fully described in such Guardian Plan. Note that advance shipment services under a Guardian Plan covers only the cost of shipment when the Product is out of its expressed standard warranty period or any applicable extended warranty period, and the cost of the Product (or, if applicable, part of a Product) is your responsibility in such situations.
    • Technical Support. If your Service Plan entitles you to telephone support and live troubleshooting, please note that such services may not be available on weekends, local holidays, and WD shutdown periods. Local holidays are posted at http://support.wdc.com/contact/holidays.asp?lang=en, and are based on the area from which technical support is provided. WD's technical support is provided in English. WD may provide technical support in other languages but does not guarantee it.
  5. Exclusions and Limitations.
    • Service Plans are not provided for any non-Products, including, without limitation, any third party hardware products or any software, even if packaged or sold with WD hardware. Manufacturers, suppliers, or publishers other than WD may provide their own warranties to the end-user purchaser, but WD, to the extent permitted by law, provides such manufacturers' products "as is". Software distributed by WD with or without the WD brand name (including, but not limited to system software) is not covered under a Service Plan. Refer to the licensing agreement accompanying the software for details of rights with respect to its use. WD does not warrant that the operation of the Product will be uninterrupted or error-free. WD is not responsible for damage arising from failure to follow instructions relating to the Product's use and/or storage.
    • Service Plans do not cover: (a) damage caused by use with equipment, hardware or software that is not a Product; (b) damages caused by neglect, accident, abuse, or misuse; (c) damage caused by operating the Product outside the permitted or intended uses described by WD; (d) damages caused by service (including upgrades and expansions) performed by a party other than an authorized representative of WD; (e) Product or portions thereof that have been modified to significantly alter functionality or capability without the written permission of WD; (f) damage caused by flood, fire, earthquake or other external causes; (g) Products upon which the WD serial number, or portion thereof, has been removed, altered or defaced; (h) service necessary to comply with the regulations of any government body or agency arising after the date of retail purchase by you; (i) Product that is lost or stolen, or is otherwise not received by WD in its entirety; (j) damage caused by normal wear and tear, and by normal aging, including, without limitation, cosmetic damage; or (k) preventative maintenance on the Products.
    • TO THE EXTENT PERMITTED BY LAW, AND EXCEPT AS MAY BE PROVIDED PURSUANT TO WD'S STANDARD WARRANTY, THE SERVICE PLANS AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED, AND WD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABLE QUALITY, AND THOSE AGAINST HIDDEN OR LATENT DEFECTS. IF WD CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES AND CONDITIONS, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE STANDARD WARRANTY PERIOD AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY WD IN ITS SOLE DISCRETION. No WD reseller, agent, or employee is authorized to make any modification, extension, or addition to the Service Plans or any portion thereof.
    • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WD AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF WD'S OBLIGATIONS PURSUANT TO THE SERVICE PLANS, OR WD ACTIONS OR INACTIONS RELATED TO THE WD SERVICE PLANS, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF, DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH THE PRODUCT(S) AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT(S). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF WD AND ITS EMPLOYEES AND AGENT'S LIABILITY TO YOU ARISING UNDER A SERVICE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR SUCH SERVICE PLAN. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. WD DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER A SERVICE PLAN OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF THE PROGRAMS OR DATA.
  6. Consumer Protection Laws. FOR CONSUMERS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR STATE, REGION, PROVINCE OR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR STATE, REGION, PROVINCE OR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY A SERVICE PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. Some countries, states, regions and provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. These Terms and Conditions give you specific legal rights, and you may also have other rights that vary by country, state, region or province. The Service Plans are governed by and construed under the laws of the country in which the purchase took place.
  7. Data Protection. You should make daily backup copies of the data and programs contained on the Product's hard drive to protect your data and as a precaution against possible operational failures. Before delivering the Product for services by WD it is your responsibility to keep a separate backup copy of the system software, application software and data, and disable any security passwords. While the Product is being serviced by WD, the data contained on the Product may be erased, lost or damaged. WD is not responsible for any erased, lost or damaged data. You are responsible for reinstalling all such software, data and passwords. Neither WD nor its authorized resellers are liable for any damage to or loss of any programs, data, or other information stored on any media, or any non-Product or part not covered by the Service Plans. Recovery and reinstallation of system, application software, and user data are not covered under the Service Plans.
  8. Cancellation. You may cancel and return a Service Plan to the point of purchase within thirty (30) days of your Service Plan's purchase at your expense, and you will receive (unless local law provides otherwise): a full refund less the value of any services provided under your Service Plan.
  9. General Terms.
    • The information contained herein is subject to change to comply with applicable law without notice. To the extent terms are added, removed or revised other than in order to comply with applicable law, and such change(s) is materially adverse to you, WD shall provide you with advance notice through e-mail or otherwise regarding such change. The only warranties for WD products and services are set forth in the warranty statements accompanying the products and services. Nothing herein should be construed as constituting an additional warranty. WD shall not be liable for technical or editorial errors or omissions contained herein.
    • WD is not responsible for any failures or delays in performing under a Service Plan that are due to events outside of WD's reasonable control, including, without limitation, (i) any act of government, judicial action, war, civil disturbances, insurrection, sabotage, act of public enemy, labor difficulties or disputes, failure of or delay in delivery by WD's suppliers or carriers, commercial impracticability (irrespective of foreseeability at time of contracting), shortage of energy, raw materials, labor or equipment, inadequate yield of product despite WD's reasonable efforts, fire, flood, storm or other act of God, or (ii) your fault or negligence.
    • WD may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
    • You are required to perform preventative maintenance on the Product to receive service under the Service Plan.
    • You agree that any information or data disclosed to WD under the Service Plan is not confidential or proprietary to you. Furthermore, you agree that WD may collect and process data on your behalf when it provides services. This may include transferring your data to affiliated companies or service providers located in countries where data protection laws may be less comprehensive than your country of residence.
    • These Terms and Conditions prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and WD's entire understanding with respect to the Service Plan.
  10. Variations. With respect to your purchase of an Extended Warranty:

    AUSTRALIA

    The Extended Warranty is optional. It may not provide you extra protections, as the consumer guarantees under the Australian Competition and Consumer Act may, under certain circumstances, provide same or similar rights and remedies for the Product.

    NEW ZEALAND

    Based on your acknowledgement in Section 2(a), you agree that the New Zealand Consumer Guarantees Act does not apply to your Product or Service Plan.

    UNITED STATES

    The following U. S. state variations will control if inconsistent with any other provisions of these Terms and Conditions: Alabama, California, Hawaii, Maryland, Minnesota, Missouri, New Mexico, New York, Nevada, South Carolina, Texas, Washington and Wyoming Residents.

    If an end user cancels its Extended Warranty pursuant to Section 8 of these Terms and Conditions, and WD fails to refund the applicable amount to end user within: (i) thirty (30) days for California, New York, Missouri and Washington residents; (ii) forty-five (45) days for Alabama, Hawaii, Maryland, Minnesota, Nevada, South Carolina, Texas and Wyoming residents; and (iii) sixty (60) days for New Mexico residents; WD is required to pay you a penalty of 10% per month for the unpaid amount due and owing to you. The right to cancel and receive this penalty payment only applies to you and may not be transferred or assigned. The obligations of the provider under these Terms and Conditions are backed by the full faith and credit of WD.

    California Residents

    If an end user cancels within thirty (30) days of receipt of the Activation Confirmation, you will receive a full refund less the value of any WD services provided.

    Colorado Residents

    Notice: The Extended Warranty is subject to the Colorado Consumer Protection Act or the Unfair Practices Act, Articles 1 and 2 of Title 6, CRS.

    Connecticut Residents

    The expiration date of your Extended Warranty will automatically be extended by the period that the Product is in WD's custody while being serviced. Resolution of Disputes: Disputes may be resolved by arbitration. Unresolved disputes or complaints may be mailed, with a copy of these Terms and Conditions, to State of Connecticut, Insurance Dept., P.O. Box 816, Hartford, CT 06142-0846, Attn: Consumer Affairs.

    Florida Residents

    The laws of the State of Florida will govern the Extended Warranty and any disputes arising under it.

    Michigan Residents

    If performance of the service contract is interrupted because of a strike or work stoppage at the company's place of business, the effective period of the service contract shall be extended for the period of the strike or work stoppage.

    Nevada Residents

    Cancellations: An Extended Warranty that has been in effect for at least 70 days may be canceled by WD before the expiration of the Extended Warranty or one year after the commencement of the Extended Warranty, whichever occurs first, except on the following grounds:

    • Failure by you to pay an amount due;
    • Conviction of you of a crime which results in an increase in the service required;
    • Discovery of fraud or material misrepresentation by you in obtaining the services under the Extended Warranty, or in presenting a claim for service thereunder;
    • Discovery of an act or omission by you, or a violation by you of any condition of the Extended Warranty, which occurred after the first date of the Extended Warranty period and which substantially and materially increases the service required under the Extended Warranty;
    • A material change in the nature or extent of the required service or repair which occurs after the commencement of the Extended Warranty and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Extended Warranty was issued or sold.

    Grounds for cancellation; date cancellation effective. No cancellation of a service contract may become effective until at least 15 days after the notice of cancellation is mailed to you.

    Cancellation of contract; Refund of purchase price; Cancellation fee.

    • If WD cancels the Extended Warranty, WD shall refund to Nevada consumers the portion of the purchase price that is unearned. WD may deduct any outstanding balance on your account from the amount of the purchase price that is unearned when calculating the amount of the refund. If WD cancels a contract pursuant to NRS 690C.270, it may not impose a cancellation fee.
    • Except as otherwise provided in this section, a Nevada resident who is the original purchaser of an Extended Warranty, who submits to WD a request in writing to cancel the Extended Warranty in accordance with the terms of the Extended Warranty, shall receive a refund of the portion of the Extended Warranty's purchase price that is unearned.
    • If an end user requests the cancellation of the Extended Warranty pursuant to subsection ii, WD may impose the cancellation fee described in the Extended Warranty, but will not deduct the value of any service provided.
    • When WD calculates the amount of a refund pursuant to subsection ii, it may deduct from the portion of the purchase price that is unearned: (a) any outstanding balance on the account; and (b) any cancellation fee imposed pursuant to these Terms and Conditions. WD backs the Extended Warranty for Nevada residents by its full faith and credit.

    New Hampshire Residents

    In the event an end user does not receive satisfaction under this contract, you may contact the New Hampshire insurance department, by mail at State Of New Hampshire Insurance Department, 21 South Fruit Street, Suite 14, Concord NH 03301, or by telephone, via Consumer Assistance, at 800-852-3416.

    New Mexico Residents

    Cancellations: No Extended Warranty that has been in effect for at least 70 days may be canceled by WD before the expiration of the Extended Warranty or one year after the commencement of services under the Extended Warranty, whichever occurs first, except on the following grounds:
    • Failure by you to pay an amount due;
    • Conviction of you of a crime which results in an increase in the service required;
    • Discovery of fraud or material misrepresentation by you in obtaining the Extended Warranty, or in presenting a claim for service thereunder;
    • Discovery of an act or omission by you, or a violation by you of any condition of the Extended Warranty, which occurred after the first date of the Extended Warranty period and which substantially and materially increases the service required under the Extended Warranty;
    • A material change in the nature or extent of the required service or repair which occurs after the commencement of the Extended Warranty and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Extended Warranty was issued or sold.

    North Carolina Residents

    The purchase of the Extended Warranty is not required either to purchase or to obtain financing for computer equipment.

    Oregon Residents

    In the event you do not receive satisfaction under this contract, you may contact the Oregon Department of Consumer and Business Services by mail at the Department of Consumer and Business Services, Oregon Insurance Division, 350 Winter Street NE, Salem, OR 97301; or by telephone via Consumer Advocacy, at 888-877-4894.

    South Carolina Residents

    Unresolved complaints or Extended Warranty regulation questions may be addressed to the South Carolina Department of Insurance, P.O. Box 100105, Columbia, South Carolina 29202-3105, Tel: 1-800-768-3467.

    Tennessee Residents

    An Extended Warranty shall be extended as follows: (1) the number of days you are deprived of the use of the Product because the Product is in repair; plus two (2) additional workdays.

    Texas Residents

    WD may cancel the Extended Warranty with no prior notice for non-payment, misrepresentation or a substantial breach of a duty by you relating to the Product or its use. Unresolved complaints or Contract regulation questions may be addressed to the TX Dept. of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711, U.S.

    Wisconsin Residents

    THIS WARRANTY IS SUBJECT TO LIMITED REGULATION BY THE OFFICE OF THE COMMISSIONER OF INSURANCE

    If you cancel within thirty (30) days of your Extended Warranty's purchase, or receipt of these Terms and Conditions, whichever occurs later, you will receive a full refund. If you cancel more than thirty (30) days after your receipt of the Extended Warranty, you will receive a pro-rata refund of the original purchase price, based on the percentage of unexpired Extended Warranty period, less a cancellation fee of twenty-five ($25 USD) dollars or ten percent (10%) of the pro-rata amount, whichever is less. No deduction shall be made from the refund for the cost of any service received. WD will not cancel the Extended Warranty EXCEPT for failure to pay the purchase price for the Extended Warranty. If WD cancels the Extended Warranty, you will receive a prorated refund for the Extended Warranty's unexpired term.

    Wyoming Residents

    If WD cancels an Extended Warranty, WD will mail to you written notice of the cancellation at your last known address contained in WD's records no less than ten (10) days prior to the effective cancellation date. The prior written notice will contain the effective date of cancellation and the reasons for cancellation. WD is not obligated to provide prior notice if cancellation is due to nonpayment of the Extended Warranty, a material misrepresentation by you to WD, a substantial breach of your duties under the Extended Warranty or a substantial breach of your duties relating to the Product or its use. Disputes arising under an Extended Warranty may be settled in accordance with the Wyoming Arbitration Act.