Capacity to Contract
You represent to Seagate that you are of the legal age of majority in the country, state or province of your residence (e.g., at least 19 years old if you are a resident of Alabama or Nebraska, 21 years old if you a resident of Mississippi, or 18 years old if you are a resident of any other jurisdiction in the United States).
Your use of the Site, whether you are ordering or returning a product or service, you must provide true, accurate and complete information about yourself as prompted by the applicable webpage or order/return form, including without limitation, your name, address, e-mail address, telephone number and credit/debit card information, as applicable (collectively, "Personal Data"). You must maintain and promptly update your Personal Data to keep it true, accurate, current and complete. If Seagate has reasonable grounds to suspect that any part of your Personal Data is untrue, inaccurate or incomplete, Seagate has the right to suspend or terminate any membership or account you have established, access, or maintain through the Site or your purchase/return order. You acknowledge that Seagate may send you important information and notices regarding your purchase/return by e-mail, and that Seagate shall have no liability associated with or arising from your failure to maintain accurate Personal Data.
Seagate Return Policy and Product Warranty Returns
In connection with Product returns, you agree to comply with and be bound by the Seagate Return Policy,which is incorporated herein by reference and made part of these Terms. Seagate reserves the right not to process any return that does not comply with the Seagate Return Policy and these Terms. Returned Products must be received by our warehouse within 30 days of creating the RMA. In order to protect your privacy and other interests in data, delete all data, or as much as possible, from your product before returning it to Seagate. By returning your product to Seagate, you agree to the Seagate returns process as described in the Seagate Return Policy including the transfer of your data to countries that may not offer the same level of data protection as your home country, as well as the deletion of your data. For more information about the process used by Seagate to repair products, please see Data Erasure for Returned Products.
Seagate validates every warranty claim through visual, mechanical, and functional testing to ensure that the returned Product is in compliance with the Seagate Return Policy and the Seagate Warranty Void Checklist. Please refer to the warranty statement supplied with your Product and the Seagate Return Policy for additional information. Please also refer to the Seagate Warranty Void Checklist as a visual aid for guidance regarding other factors that could affect that status of your warranty claim. For additional assistance regarding return of Products, please see Warranty and Returns AssistancePlease note that evidence of the following will result in rejected warranty claims:
- Tampered or Misused Products. Products that have been dropped, shocked, mishandled, subjected to improper operation, modified, or damaged internally or externally are not eligible for warranty service.
- Electrical Overstress. Products subjected to improper voltage or current are not eligible for warranty service.
- Improper Packaging. Please see Packaging & Shipping Instructions for information about how to properly package your Product before returning it to Seagate.
- Out-of-Warranty, Expired, or Void Warranty. Please see Warranty Validation to determine the warranty status of your Product.
- No Trouble Found (NTF). Before returning your Product, you may use the Seagate SeaTools diagnostic tool to determine the condition of your disk product and whether it is eligible to be returned under warranty.
- Counterfeit products or Products gone missing from inventory based on theft or otherwise.
If a Product is returned in compliance with these Terms and the Seagate Return Policy, Seagate will provide a functionally equivalent replacement Product in accordance with your Product warranty. Seagate may replace your Product with a Product that was previously used, repaired and tested to meet Seagate specifications. The turn-around time for your replacement Product is approximately two (2) weeks; but if no replacement Product is immediately available, your turn-around time may be longer. Product that you return to Seagate will not be returned to you if it passes the Seagate warranty validation process; you agree that title to such returned Product will be transferred to Seagate
If Seagate receives a Product that is not in compliance with these Terms and the Seagate Return Policy, Seagate will notify you using the contact information you provided to Seagate. Seagate will return the Product to you only if you make a written request in accordance with the notification we send to you. In order to request the return of Product, you must provide the information requested in the notice within fifteen (15) days of the date of the notice for US customers and within thirty (30) days of the date of the notice for non-US customers. Seagate reserves the right to charge you a processing and inspection fee for Product or materials returned that are not in compliance with these Terms and the Seagate Return Policy (including, without limitation, in cases where returns are found to be tampered or counterfeit Product). Seagate reserves the right to engage with local authorities in cases where it receives tampered or counterfeit Product. Additionally, Seagate reserves the right to reject RMA requests from parties that previously have returned Product or materials not in compliance with these Terms and to scrap or otherwise disposition any Product or materials returned by such parties. If you would like to request to have the Product returned to you, please include your carrier account number (UPS, FedEx, etc.). Seagate will make the Product to be returned to you available at a designated location so that you can arrange for return shipping to you, which shall be at your expense. Depending on your location, you may be required to arrange for collection of the Product from the courier. If Seagate does not receive your written request for Product return and prepayment of the applicable shipping and processing fees within the time periods specified above, Seagate will deem that you wish to abandon the non-compliant products, and will destroy them on your behalf. In such an event, it will be deemed that you have waived all claims against Seagate relating to the abandoned products. Any returned Products may also be marked "void" to prevent them from being resubmitted for warranty service; we may also remove any unauthorized serial number labels.
As a condition of our advanced replacement offer (ARO), the Product must be returned to our warehouse within 25 days of creating the ARO. If the Product is not returned to our warehouse within 25 days, a flat rate fee based on capacity may be assessed and charged to your credit or debit card ("Asset Recovery Fee"). If you return the Product to Seagate within 15 days after the Asset Recovery Fee is assessed and charged to your account, you may be eligible to receive a partial or full refund of the Asset Recover Fee, in the discretion of Seagate. Seagate is not responsible for any overdraft or other fees charged to your account in the event your account contains insufficient funds or credit limits to pay the Asset Recovery Fee. In the event Seagate is not able to collect the Asset Recovery Fee in full, you no longer will be eligible to participate in ARO services. Note for Canadian customers: Additional amounts may be collected by Seagate for reimbursement of GST/HST, and where applicable PST, paid in connection with Seagate's importation of equipment to and on behalf of customers in Canada.
In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from Seagate's suppliers, Seagate shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price. Seagate shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is canceled, Seagate shall immediately issue a credit to your credit/debit card account in the amount of the charge.
Seagate welcomes all comments, feedback, information or materials, which you submit to Seagate through or in conjunction with your use of any features or order/return features available on the Site ("Feedback")"). Feedback does not include the details of your registration and product orders. Please note that your Feedback shall be considered non-confidential and become Seagate's property. By submitting your Feedback to Seagate, you agree to a no charge assignment to Seagate of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to your Feedback. Seagate shall be free to use your Feedback on an unrestricted basis.
Seagate will only accept orders for Products in compliance with all applicable laws, statutes, ordinances and regulations and from persons of the legal age of majority in the country, state or province of their residence. Terms of payment shall be determined in Seagate's discretion and as otherwise agreed to by Seagate. Payment shall be made by a credit/debit card or some other pre-arranged method of payment acceptable to Seagate. Your receipt of an electronic or other form of order confirmation does not signify Seagate's acceptance of your order, nor does it constitute confirmation of the order or Seagate's offer to sell. Seagate reserves the right, without prior notification, to accept or decline your order or limit the order quantity for any reason. Where payment is made by credit/debit card, such payment is subject to the approval of the financial institution issuing the credit/debit card, and Seagate shall not be liable in any way if such financial institution refuses to accept or honor the credit/debit card for any reason. Seagate may require, at Seagate's option, that any order placed over certain dollar amounts receive Seagate's pre-approval. Seagate may also require additional verification or information before accepting any order. An order is deemed accepted upon Seagate's shipment of the Products ordered, and Seagate will charge your credit/debit card upon such shipment. Seagate reserves the right to refuse service, cancel your order, or refuse shipments of returned merchandise if Seagate believes that your order was placed with the intent to violate Seagate warranty policies or these Terms, including without limitation the Seagate Return Policy
Prices, Shipping and Handling Charges
Unless otherwise noted, shipping, handling, customs, duties and taxes (as applicable) will be shown as additional charges on the invoice. In accordance with the Seagate Return Policy, you must pay all applicable duties and customs charges for shipments to and from Seagate.
Sales and Other Taxes
Taxes that Seagate is obligated to withhold (e.g., sales tax for delivery within certain states of the United States and taxes for other countries or provinces) shall be automatically charged and withheld by Seagate.
Although availability may be indicated on the Site, Seagate cannot guarantee Product availability and Products may not be available for immediate delivery. Seagate reserves the right, without liability or prior notice, to revise, discontinue or cease to make available any or all Products or to cancel any order. If there is any revision, discontinuance or cessation, Seagate may, in Seagate's discretion, ship Products which have substantially similar functionality and specifications to the Products ordered, or cancel your order.
Title and Risk of Loss
Title to any ordered, returned, and replacement Products will pass to you upon Seagate's delivery of such Products to its designated shipping carrier, except that title to any software included with the Products will remain with the applicable licensor(s). You will be responsible for any risk of loss or damage to the Products after Seagate delivers them to the shipping carrier. In the event of any damage or loss during transit, it is your responsibility to file a claim with the shipping carrier.
All software (including pre-loaded software included in hardware) is provided subject to the software end user license agreement made available for or accompanying such software, and you agree to be bound by such agreement.
Technical Service and Support
All requests for technical service and support for Products purchased should be made directly to the person/entity identified on the packaging of the Products or in any documentation provided with the Products in accordance with the terms and conditions set forth on or in such packaging or documentation. If you need assistance in determining who to contact or if you would like more information on technical service and support, please contact us.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the purchase or return features of the Site. Seagate may, in Seagate's sole discretion, report actual or perceived violations to law enforcement or appropriate authorities. If Seagate becomes aware, through a complaint or otherwise, of any potential or suspected violation of these Terms or the Terms and Conditions of the Site, Seagate may (but is not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation Seagate may suspend services to you if you are implicated and/or remove any material from Seagate's servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of these Terms or the Terms and Conditions of the Site could be subject to criminal or civil penalties.
New Product Refunds
Sales of new Products on the Site may be eligible for full or partial refunds. For more information, go to Seagate Refund Policy. Products sent to you as warranty replacement Products are not eligible for refunds under the Seagate Refund Policy.
Termination of Usage
Seagate may terminate or suspend any account or membership you established, access, maintain through this Site or suspend your access to or use of any ordering or return features of the Site, without notice, for any conduct that Seagate believes is disruptive to the Site or is in violation of any applicable law or these Terms, including without limitation Seagate warranty policies or the Seagate Return Policy .
Disclaimer and Limitation of Liability as to Products Sold
Any Product offered on the Site is warranted only if, and only to the extent of the existence of, the applicable manufacturer's warranty, if any, and is distributed by Seagate on an "AS-IS" basis without warranty by Seagate. EXCEPT AS EXPRESSLY STATED HEREIN, SEAGATE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OFFERED OR PROVIDED THROUGH THIS SITE. EXCEPT AS EXPRESSLY STATED HEREIN, SEAGATE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS OFFERED OR PROVIDED THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A limited warranty statement may be included with each Product shipped to you. Seagate will be obligated to honor any such warranty only upon Seagate's receipt of payment in full for the Product to be warranted. FOR ANY BREACH OF THESE TERMS, SEAGATE'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED OR RETURNED BY YOU (AS APPLICABLE). IN NO EVENT SHALL SEAGATE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF SEAGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY. SEAGATE SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS DUE TO, DIRECTLY OR INDIRECTLY, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND SEAGATE'S CONTROL
Copyright and Trademark Notice
Any copyright or trademark notice affixed on any Products provided through the Site must remain affixed on the Products at all times.
Jurisdiction and Governing Law
Seagate makes no representation that any Products offered for purchase on the Site are appropriate for use at locations outside of the United States, and access to the order features on the Site from countries outside of the United States is prohibited. In addition, Seagate makes no representation that any return features or services available on the Site are appropriate or legal for those individuals accessing them outside of the United States. If you are using or accessing the Site from a location outside of the United States, you are responsible for compliance with all local laws. The use of the purchase/return features of the Site and these Terms are governed by the laws of the United States and the State of California, without regard to its conflict of laws provisions. Any legal proceeding arising out of the use of the purchase/return features of the Site and these Terms must be brought in Santa Clara County, California and must be brought within one year after the claim or cause of action arises or it is barred. You irrevocably submit to the jurisdiction of the State and Federal courts located in Santa Clara County, California.
International Trade Compliance
The goods licensed or sold under these Terms, and the transaction contemplated hereby, which may include technology, software, and services are subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received. Further, under United States law, the goods shipped under these Terms may not be sold, leased or otherwise transferred to restricted countries, or used by a restricted end-user or an end-user engaged in activities related to weapons of mass destruction including, without limitation, activities related to designing, developing, producing or using nuclear weapons, materials, or facilities, missiles or supporting missile projects, or chemical or biological weapons. You warranty that you are not located in, under the control of, or a national resident of any such country, on any such list or involved in any such activities. In addition, you acknowledge that it is your responsibility to comply with and abide by the aforementioned laws and regulations, and that any third party that you request Seagate to route product to directly has also been made aware of the associated export controls.
If any provision of these Terms shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not be affected thereby. In the event of any conflict between the English version of these Terms and any other language versions, the English version shall control to the extent of the conflict. Products offered on the Site are solely for the use of Seagate's customers. You may not assign your rights or obligations under these Terms without Seagate's express written consent. When referring to product capacity one terabyte, or TB, equals 1,000 gigabytes; one gigabyte, or GB, equals one billion bytes; and one megabyte, or MB, equals one million bytes. Accessible capacity may vary depending on operating environment and formatting.
How to Contact Seagate
If you have any comments or questions, please do not hesitate to contact Seagate.
Rev. January 15, 2016