Terms of Use

 
Effective Date: January 25, 2012 
Please Read Carefully Prior To Using This Website
Use of the G-Technology division of HGST ("G-TECHNOLOGY") website (this "Website") is governed by the terms and conditions below ("Terms of Use"). By using this Website you agree to abide by these Terms of Use. If you do not agree with any of these Terms of Use, do not use this Website.

Although we operate internationally, the servers that host this Website are located in the United States, and any personal details you provide will be primarily processed by G-TECHNOLOGY in the United States. For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy . G-TECHNOLOGY expressly excludes any representation or warranty, express or implied, with respect to the information available on this Website. G-TECHNOLOGY makes no representation about any third-party websites that may be accessed via links from this Website. By using this Website, you agree that the laws of the State of New York will govern all matters between you and G-TECHNOLOGY with respect to your use of this Website.

 

Intellectual Property Rights

Ownership and Intellectual Property
All content, text, images, data, information and other material displayed, available or present on this Website ("Content"), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter "Intellectual Property Rights"), are the property of G-TECHNOLOGY, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Website is copyrighted unless otherwise noted, and may not be used without our written permission, except as otherwise provided in these Terms of Use.

Authorized and Prohibited Uses
You may access, use and display this Website on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable laws. Except as may otherwise be expressly authorized by these Terms of Use, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without our prior written permission. If this Website permits the e-mailing of certain Content or a link through the use of an "e-mail to a friend" (or similar) icon, you may send that particular Content or link to others by e-mail, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.

User Content
Except as provided in our website Privacy Policy, any Content that you submit to this Website or G-TECHNOLOGY ("User Content") will be deemed to be non-confidential and may be disclosed through this Website to unknown persons on a worldwide basis without control by G-TECHNOLOGY, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit User Content to this Website or G-TECHNOLOGY except for Content that is fully authorized for purposes of this Website and these Terms of Use, and you will not infringe upon any person's Intellectual Property Rights in connection with such submissions. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that G-TECHNOLOGY shall have, and hereby grant to G-TECHNOLOGY, a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Website or G-TECHNOLOGY. G-TECHNOLOGY does not endorse any User Content, or third party product or service that may appear on this Website. Nothing in these Terms of Use shall obligate G-TECHNOLOGY to use any User Content you submit or permit the posting of such Content on this Website.

Registration and Passwords
At times, we may or may not require you to have a password and provide registration details to access this Website or portions of this Website. If we do require a password and registration details, the details you provide must be correct, current, and complete. If G-TECHNOLOGY believes that the details are not correct, current, and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website, and you are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.

Compliance with the Digital Millennium Copyright Act
G-TECHNOLOGY respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit G-TECHNOLOGY to locate the Content;

(d) Information reasonably sufficient to permit G-TECHNOLOGY to contact the complaining party;

(e) A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act, please contact
G-TECHNOLOGY's Copyright Agent at:

HGST
Intellectual Property Department
Attn: Copyright Agent
3403 Yerba Buena Road
San Jose, CA 95135

Software Downloads
Any G-TECHNOLOGY software that is made available to download from this Website ("Software") is the copyrighted work of G-TECHNOLOGY and/or its affiliates or suppliers. The Software is made available for downloading solely for your use pursuant to the end user license agreement ("EULA") applicable to the Software, and any reproduction or redistribution of the Software other than as permitted in the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. As a condition of downloading software from this Website, you agree that you will not use such software in a manner contrary to any export control laws and regulations, including but not limited to U.S. and Japanese laws and regulations. Such prohibited usages include but are not limited to usages related to the development, design, product, delivery, or use of chemical, biological, or nuclear weapons. Diversion contrary to U.S. and Japanese law is prohibited. In addition, downloading Software is prohibited if you are visiting this Website from any of the countries to which the export of software is prohibited by the U.S. or Japanese export control regulations. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited.

Website and Registration Administration

Access Arrangements and Fees
Your use of this Website shall be in accordance with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by G-TECHNOLOGY in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Website.

At this time, we do not charge a fee to use this Website, but we reserve the right to impose or modify fees in connection with use of this Website (or portions of this Website) at any time without liability. Payment of any such fees shall be due and payable thirty (30) days from the date of invoice unless otherwise agreed by you and G-TECHNOLOGY or unless otherwise required by G-TECHNOLOGY. G-TECHNOLOGY shall endeavor to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website.

Linking
http://www.g-technology.com/ ) without framing. In addition, any link to this Website must be immediately followed by notice to G-TECHNOLOGY via e-mail at feedback@hgst.com .

Moreover, in the event G-TECHNOLOGY deems your linking practices in relation to this Website to be inappropriate, G-TECHNOLOGY may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of G-TECHNOLOGY relating thereto.

Authority of Website Administrator
G-TECHNOLOGY may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these Terms of Use, the Content or any link at any time without liability or prior notice. G-TECHNOLOGY may in its discretion terminate the browsing of, registration with and use of this Website by any user at any time without liability or prior notice for any reason, including for any breach of these Terms of Use.

Good Samaritan Policy
It is our policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make our best efforts to remove, disable, or restrict access to the availability of Content on the Website that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon G-TECHNOLOGY any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Website.

If you believe that someone has violated this policy, we ask you to promptly notify our Customer Service department by email atsupport@g-technology.com or by phone at 888-426-5214. You must use this address or phone number if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.

Import/Export Control
You agree not to submit any Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.

Your Obligations

Compliance
You agree to comply with all applicable laws in connection with your use of this Website.

Unsuitable Content and Conduct
You will not engage in conduct or submit to this Website any Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable. You will not cause damage, embarrassment or adverse publicity to G-TECHNOLOGY.

Unsuitable Content or Conduct
If the Website accepts the submission of User Content, you will submit only User Content and material that is functionally and technically compatible with this Website. You will not attempt to and will not damage, corrupt, tamper with or infect this Website, the Content or any information or telecommunication system of G-TECHNOLOGY with a virus or other malicious computer program. You will only use this Website for the permitted purposes stated in these Terms of Use, and will not engage in abusive activity with respect to this Website. Without limiting the generality of the foregoing, you agree not to send, create or reply to so called "mailbombs" (i.e., e-mailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent), engage in "spamming" (i.e., unsolicited e-mailing for business or other purposes), or undertake any other activity which may adversely affect the use or enjoyment of this Website by any person. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, G-TECHNOLOGY reserves the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.

Your Cooperation and Notification
You agree to cooperate with all reasonable requests of G-TECHNOLOGY and will notify G-TECHNOLOGY promptly upon learning of any actual or suspected breach of these Terms of Use by you or unauthorized use or abuse of this Website.

Third Party Sites and Other Information
Information submitted by third parties over whom G-TECHNOLOGY has no control or responsibility, as well as translations thereof which G-TECHNOLOGY may arrange. G-TECHNOLOGY has no obligation to monitor, control or restrict the use of this Website, or third party websites accessible via links on this Website. These other sites are not under G-TECHNOLOGY's control, and you acknowledge that (whether or not such sites are affiliated in any way with G-TECHNOLOGY) G-TECHNOLOGY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by G-TECHNOLOGY or any association with its operators. Moreover, G-TECHNOLOGY has no obligation to verify any User Content submitted by a user or to provide any registration or other information to you concerning any Content.

Warranty Disclaimers
THIS WEBSITE, ITS CONTENT, AND ITS LINKS ARE PROVIDED ON AN "AS IS" BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. G-TECHNOLOGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitations on Liability and Remedies
G-TECHNOLOGY'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH G-TECHNOLOGY (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. G-TECHNOLOGY AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH G-TECHNOLOGY. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF G-TECHNOLOGY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, G-TECHNOLOGY AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. G-TECHNOLOGY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF G-TECHNOLOGY WILL BE LIMITED TO, IN THE SOLE DISCRETION OF G-TECHNOLOGY, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY G-TECHNOLOGY FROM YOU.

Indemnification
You agree to defend, indemnify and hold harmless G-TECHNOLOGY and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Website, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this Website.

Other Important Information

Separate Terms and Conditions
From time to time in connection with your use of and/or access to Content contained in certain areas of this Website, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms of Use. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Website. Any such terms will not vary or replace these Terms of Use regarding any use of this Website, unless otherwise expressly stated.

Privacy Policy
G-TECHNOLOGY will utilize personally identifiable data in accordance with its privacy policy in effect at the time. You can find the current privacy policy at http://www.g-technology.com/privacy (the "Privacy Policy").

Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising out of or in connection with this Website or these Terms of Use (including without limitation the Privacy Policy), you agree to negotiate in good faith and undertake reasonable efforts to cooperate with G-TECHNOLOGY in order to achieve a mutually satisfactory resolution. G-TECHNOLOGY has no obligation to become involved in any dispute between a user and any other person.

This Website, these Terms of Use and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of New York. You agree that all such disputes shall be brought exclusively in the U.S. District Court for the Southern District of New York, except if no basis for federal jurisdiction exists, then the dispute shall be brought exclusively in the Supreme Court of the State of New York, New York County. You further agree that G-TECHNOLOGY is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms of Use.

Modification of Terms of Use and Privacy Policy
These Terms of Use and the Privacy Policy referenced herein constitute the complete agreement between you and G-TECHNOLOGY with respect to their subject matter and supersede any prior agreement or communication. These Terms of Use are subject to change from time to time. G-TECHNOLOGY will endeavor to post a notice of any changes to these Terms of Use for a period of thirty (30) days following any such modifications. Therefore, you are advised to review these Terms of Use occasionally, or at least every thirty (30) days. Your continued use of this Website subsequent to G-TECHNOLOGY's notice of modification of these Terms of Use shall constitute your acceptance of the modified Terms of Use. If any term or provision of these Terms of Use shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and G-TECHNOLOGY shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use shall survive termination of this Website, any use by you of this Website, any User Content on this Website, or these Terms of Use.

Contacting Us
If you have any questions regarding these Terms of Use or this Website, please contact us by mail at HGST, Communications, 3403 Yerba Buena Road, San Jose, California 95135 by phone at 800-801-4618, or e-mail at feedback@hgst.com .