By accessing the MioNet.com websites, using the MioNet service network, or using the servers operated for MioNet (collectively the "MioNet Resources"), you are bound by the notices, terms and conditions in these Terms of Use and elsewhere on MioNet.com (including but not limited to our Acceptable Use Policy and our Privacy Policy). If you do not accept any of these terms and conditions, you may not access or use the MioNet Resources. We may change or modify these Terms of Use at any time by posting new terms and conditions on this page. These Terms of Use may not otherwise be changed or modified, except in a writing signed by an authorized representative of Western Digital Technologies, Inc. ("WD"). Your continued use of the MioNet Resources, following any changes or modifications to these Terms of Use, constitutes your acceptance of the changes or modifications.
Use of the MioNet Resources
Subject to these Terms of Use, the Acceptable Use Policy, our Privacy Policy, and terms and conditions of any separate licenses or other agreements you may be required to accept in order to use certain portions of the MioNet Resources, you are authorized to access and make use of the MioNet Resources as follows: (1) view and use the sections of the MioNet.com websites to which you have been given access by WD; (2) make one complete and unmodified copy of any page on this website to which you have been given access, provided you retain all copyright, trademark and other proprietary rights notices and that you use it solely for personal or internal business purposes and do not distribute or republish it; (3) obtain our products and register for our services (such as the MioNet service network), provided you pay all applicable charges and agree to the terms and conditions of any license agreement or other agreement governing those products and services; and (4) use the MioNet Resources to which you have been given access to interact with WD and other users of our products and services in ways that do not violate our Acceptable Use Policy. Any other use of this website or its contents is prohibited without first obtaining written permission from WD.
Proprietary Rights
All content and materials available on the MioNet.com websites (including but not limited to design, text, graphics, video, sounds, and software) are protected by applicable state, national and international law pertaining copyrights, trademarks, patents, trade secrets and other proprietary rights. Except as expressly authorized by WD, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise infringe on such content and materials.
Privacy Policy
As explained above, your use of the MioNet Resources is subject to your acceptance of our Privacy Policy. Please read this policy carefully for disclosures relating to the collection and use of your personal information.
Acceptable Use Policy
As explained above, your use of the MioNet Resources is subject to your acceptance of our Acceptable Use Policy. Please read this policy carefully as it discusses how the MioNet Resources may be used.
Submissions to WD
Ideas, submissions, suggestions, and feedback. By sending WD any information or materials, you assign to us all right, title and interest that you have in such information or materials, and you waive all moral rights and claims (including claims for credit or payment) therein.
Framing and Linking the MioNet Website
Unless expressly authorized, you may not frame or otherwise display any portion of the MioNet.com websites or any of their contents. No hyperlinks to any password protected web pages on the MioNet.com websites are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by WD in our sole discretion.
Links to Third Party Websites
As a convenience for its users, WD may provide links on this website to other websites owned by third parties. Unless otherwise stated, WD does not endorse or control these third parties and takes no responsibility for them or their websites.
MioNet Account Information
In order to use some of the MioNet Resources, you will have to create an account. You may never use another's MioNet account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify WD immediately of any breach of security or unauthorized use of your account. Although WD will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of WD or others due to such unauthorized use.
No Warranties
THE MIONET RESOURCES ARE PROVIDED BY WD "AS IS" AND "AS AVAILABLE". WD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE MIONET RESOURCES OR THEIR CONTENT, AND WD DISCLAIMS ALL WARRANTIES REGARDING THE MIONET RESOURCES AND THEIR CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE MIONET RESOURCES (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES).
Limitation on Damages
IN NO EVENT SHALL WD BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE MIONET RESOURCES, OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE MIONET RESOURCES, WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, EVEN IF WD HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS RESTRICT THE LIMITATION OF LIABILITY OR DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF DAMAGES SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, WD'S AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Export and International Use
The MioNet Resources are controlled by WD from its facilities in the United States of America. WD makes no representations that the MioNet Resources are appropriate or available for use in other locations. Those who access or use the MioNet Resources from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Santa Clara County of the State of California for any claim or action arising out of or relating to these Terms of Use or your use of the MioNet Resources. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation.
Miscellaneous
You may not revise or amend these Terms of Use without the prior written authorization of an officer of WD. If any provision of these Terms of Use is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms of Use will not be affected. No delay or failure by WD to exercise or enforce any of its rights under these Terms of Use will act as a waiver of such rights.