Seagate Membership/E-Commerce Terms – Effective as of March 14, 2008.
The following terms and conditions (“Membership/E-Commerce Terms”) govern your use of the membership features of www.seagate.com (“Site”) as well as any purchase or return of any products manufactured or distributed by Seagate Technology LLC or its affiliated companies (“Seagate”) through this Site. By registering, placing an order or returning a Seagate product on this Site, you are indicating your acceptance of these Membership/E-Commerce Terms. These Membership/E-Commerce Terms shall supplement any subsequent terms or conditions included with any order acknowledgment or shipping confirmation, whether or not such terms or conditions are signed by Seagate. In addition, by using this Site, you are subject to, and you agree to be bound by, the Terms and Conditions and the Privacy Policy of this Site. Seagate reserves the right to make changes to these Membership/E-Commerce Terms at any time without notice to you. As you will be bound by any changes to these Membership/E-Commerce Terms as of posting, you should check this page periodically to make sure you have read and understand the most up-to-date Membership/E-Commerce Terms.

Accounts
If you register on this Site, Seagate will establish an account for you and you will be required to create a user name and password. You agree that you will not misuse or abuse account access and passwords. You also agree that only you will use your account and that you will take all reasonable precautions to protect your account against unauthorized use. You will be fully responsible for any activity on your account, whether authorized or unauthorized.

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 year old if you are a resident of any other jurisdiction in the United States).

Personal Data
Whether you are registering on this Site or ordering or returning a product on this Site, you must provide true, accurate and complete information about yourself as prompted by the registration/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 your membership or purchase/return order. You acknowledge that Seagate may send you important information and notices regarding your membership or purchase/return by e-mail, and that Seagate shall have no liability associated with or arising from your failure to maintain accurate Personal Data.

Typographical Errors
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.

Feedback
Seagate welcomes all comments, feedback, information or materials, which you submit to Seagate through or in conjunction with your use of any of the membership features or order/return features available on this Site ("Feedback"). 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.

Order Acceptance
Seagate will only accept purchase orders from residents of the United States. 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.

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.

Sales and Other Taxes
Seagate is obligated to withhold sales tax for delivery within certain states of the United States and all such taxes shall be automatically charged and withheld.

Product Availability
Although availability may be indicated on this 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 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.

Software
All software (including pre-loaded software included in hardware) is provided subject to the software’s user license agreement, 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 membership, purchase or return features of this 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 Membership/E-Commerce Terms or the Terms and Conditions of this 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 Membership/E-Commerce Terms or the Terms and Conditions of this Site could be subject to criminal or civil penalties.

Compliance with Seagate Return Policy
You agree to comply with and be bound by the Seagate Return Policy, which is incorporated herein by reference and made part of these Membership/E-Commerce Terms, in connection with returns of products on this Site. Seagate reserves the right not to process any return that does not comply with the Seagate Return Policy.

Refunds
Certain sales of products on this Site may be eligible for full or partial refunds. For more information, go to Seagate Refund Policy.

Termination of Usage
Seagate may terminate or suspend your membership or your access to or use of any ordering or return features of this Site, without notice, for any conduct that Seagate believes is disruptive to this Site or is in violation of any applicable law or these Membership/E-Commerce Terms.

Disclaimer and Limitation of Liability as to Products Sold
Any product offered on this 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 MEMBERSHIP/E-COMMERCE 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 MEMBERSHIP/E-COMMERCE 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 MEMBERSHIP/E-COMMERCE 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 this 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 this Site are appropriate for use at locations outside of the United States, and access to the order features on this Site from countries outside of the United States is prohibited. In addition, Seagate makes no representation that any membership or return features or services available on this Site are appropriate or legal for those individuals accessing them outside of the United States. If you are using or accessing this Site from a location outside of the United States, you are responsible for compliance with all local laws. The use of the membership and purchase/return features of this Site and these Membership/E-Commerce 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 membership and purchase/return features of this Site and these Membership/E-Commerce Terms must be brought in Santa Clara, 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, California.

International Trade Compliance
The goods licensed or sold under these Membership/E-Commerce Terms, and the transaction contemplated hereby, which may include technology and software, 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 Membership/E-Commerce 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 acknowledge that it is your responsibility to comply with and abide by those 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.

General
If any provision of these Membership/E-Commerce 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 Membership/E-Commerce Terms and any other language versions, the English version shall control to the extent of the conflict. The products offered on this Site are solely for the use of Seagate’s customers. You may not assign your rights or obligations under these Membership/E-Commerce Terms without Seagate’s express written consent. When referring to drive 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.

Advanced Replacement
As a condition of our advanced replacement offer, the non-functioning drive must be returned to our warehouse within 30 days of creating the ARO. If the non-functioning drive is not returned to our warehouse within 30 days, a flat rate fee based on capacity will be assessed and charged to your credit card. Click on the link below the Terms and Conditions for rates and applicable charges.
Click here for non-returned drive charge amount.

How to Contact Seagate
If you have any comments or questions, please do not hesitate to contact Seagate.