Microsoft HealthVault Account Service Agreement

You must be a resident of the United Kingdom and its territories to use the Service. You must be at least 16 years of age. You may start using the Service as soon as you have finished the sign-up process. Customer support is available via help links. You may cancel the Service at any time. You are able to store materials for use in connection with the Service. The materials you store on your Service Account are yours. You may only transmit and store content that is legally permissible and appropriate for the Service.

In using the Service, you will:

In using the Service, you may not:

The Service is intended for you to use to conveniently store your personal health related information and information for other people (such as your family) with their consent. While you may decide to authorize others, including healthcare providers, to have access to your personal account, the information stored in your account is not intended to be and should not be used for diagnosis or treatment. The information in your account may not always be accurate or up-to-date and should be viewed by any health care provider as informational only.

Only you may use your Service Account. You are responsible for all activity that takes place with your sign-in credentials. Non-personal and commercial Service Accounts are prohibited on the Service in the absence of additional signed agreements with Microsoft that explicitly allow such account use.

You explicitly consent to the use of the personal health information you provide via the Service in accordance with this Service Agreement and the HealthVault Privacy Statement. You confirm that you have the legal authority to consent to Microsoft processing all health information you provide, including by obtaining the explicit consent of all other persons whose health data you provide. That includes storing, using and disclosing the data in accordance with the HealthVault Privacy Statement.

We consider your use of the Service to be private. However, we may access or disclose information about you, your Account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this Service Agreement; including use of this Service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of Microsoft, its employees, its customers or the public. You explicitly consent to the access and disclosures outlined in this section.

We may use technology or other means to protect the Service, protect our customers, or stop you from breaching this Service Agreement. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the Service.

In order to provide you the Service, we may collect certain information about Service performance, your machine and your Service use. We may automatically upload this information from your machine. This data will not personally identify you. You may read about this information collection in more detail in the HealthVault Privacy Statement.

The Service enables you to add information in the form of certain standard terminologies (such as those listed in Section 19) to your account, usually in the form of a drop-down list. You may only use the terminologies to add information to your personal health records in the Service. You may not disassemble, decompile, reverse engineer, or modify terminologies from the Service. You may not aggregate, sell, or otherwise use them separately from your personal health records.

If you receive software from us as part of the service, your use of that software is under the terms of the license that is presented to you for acceptance for that software. If there is no license presented to you, or unless otherwise stated in this contract, then we grant you the right to use the software only for the authorized use of the service.

You will not disassemble, decompile, or reverse engineer any software included in the Service, except and only to the extent that the law expressly permits this activity. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For more information, see the Exporting Microsoft Products website.

We may provide you with credentials on our authentication network to use with the Service. You are solely responsible for any dealings with third parties (including advertisers) who use our authentication network, including providing such parties any information and the delivery of and payment for goods and services. This Service Agreement applies to you whenever you use the credentials you obtained with the Service. When you use our authentication network to gain access to any site, the terms and conditions for that site, if different from this Service Agreement, may also apply to you in your use of that site. Please refer to the terms of use for each site that you visit. We may cancel or suspend your access to our authentication network for inactivity, which we define as failing to sign in to our authentication network for an extended period, as determined by us. If we cancel your credentials, your right to use our authentication network immediately ceases.

We provide the Service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the Service. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this Service Agreement cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

Programs and devices that connect with HealthVault are not endorsed or warranted by Microsoft and your use of them is governed by those Programs' terms of use and privacy statements which are separate to this Service Agreement and the HealthVault privacy statement. Product descriptions are by their manufacturers and provided for informational purposes only. We do not operate, control or supply any information, product, or service that is not clearly identified as supplied by Microsoft. This site does not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your doctor or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the Service.

You can recover from Microsoft only direct damages up to an amount you pay Microsoft for this Service. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

This limitation applies to anything related to:

It also applies even if:

We do not seek to exclude liability for:

We may change the Service or delete features at any time and for any reason. We may cancel or suspend your Service at any time and will try to give you as much prior notice as we reasonably can in the circumstances.

We may change this Service Agreement in our discretion by posting new applicable terms and conditions. If you do not agree to the changes then you must stop using the Service. If you do not stop using the Service, then your use of the Service will continue under the changed Service Agreement.

All parts of this Service Agreement apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this Service Agreement as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this Service Agreement will not change. This is the entire Service Agreement between you and us regarding your use of the Service. It supersedes any prior Service Agreement or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the Service Agreement do not limit the other terms of this Service Agreement.

We may assign this Service Agreement, in whole or in part, at any time with or without notice to you. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service. This Service Agreement is solely for your and our benefit. It is not for the benefit of any other person.

Any claim related to this Service Agreement or the Service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns. You may notify us as stated in the customer support or "help" area for the Service. We do not accept e-mail notices.

This Service Agreement is in electronic form. There may be information regarding the Service that the law requires us to send you. We may send you this information in electronic form.We may provide required information to you:

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.

This Service Agreement is between you and Microsoft Ireland Operations Limited, Carmenhall Road, Sandyford Industrial Estate, Dublin 18, Ireland.

We will do our best to resolve any disputes over this Agreement. If you wish to take court proceedings against us you must do so within the United Kingdom. Relevant United Kingdom law will apply.

Notices and Procedure for Making Claims of Copyright Infringement

Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

All contents of the Service are Copyright Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. Microsoft, HealthVault, Windows, Windows Live, Windows logo, MSN, MSN logo (butterfly), and/or other Microsoft products and Services referenced herein may also be either trademarks or registered trademarks of Microsoft in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real HealthVault Account holder, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.

ICD-10 codes, terms and text used by permission of WHO, from: International Statistical Classification of Diseases and Related Health Problems, Tenth Revision (ICD-10). Vols 1-3. Geneva, World Health Organization, 1992-2000.

This material includes SNOMED Clinical Terms® (SNOMED CT®) which is used by permission of the International Health Terminology Standards Development Organisation (IHTSDO). All rights reserved. SNOMED CT®, was originally created by The College of American Pathologists. "SNOMED" and "SNOMED CT" are registered trademarks of the IHTSDO.

The OPCS Classification of Interventions and Procedures, codes, terms and text is Crown copyright. Reproduced under licence from the Controller of Her Majesty's Stationery Office and NHS Connecting for Health.

The following products and data are Crown copyright data: Dictionary of Medicines + Devices (dm+d) and the Combined Terminologies (Clinical Terms (The Read Codes), Clinical Terminology Browser, Clinical Terminology Browser (Scottish Version), NHS Data Model and Dictionary Service, Logical Record Architecture for Health and Social Care (LRA), Message Implementation Manual (MIM), Read Code Druge and Appliance Dictionary), OPCS-4 (OPCS-4 Codes and Titles, OPCS-4 Tables of Coding Equivalences, OPCS-4 Metadata (Validation) File, OPCS-4 Cross-mapping files, OPCS-4 Volumes I and II, OPCS-4 Chemotherapy Regimens List, and OPCS-4 High Cost Drugs List. Crown copyright data is property of and is reproduced by permission of the Controller of Her Majesty's Stationery Office, and is subject to the terms of a Data Product License Agreement.

This Service contains certain material and data provided by NHS Connecting for Health and other contributors and used under licence from HMSO. Neither HMSO, NHS Connecting for Health nor any of the other contributors make any warranty as to the performance or suitability of this product for your purposes and to the maximum extent permitted at law exclude any liability for any loss or damage which may result from use of this product howsoever arising (whether in negligence or otherwise).

Certain software used in certain Microsoft web sites servers is based in part on the work of the Independent JPEG Group. Copyright © 1991-1996 Thomas G. Lane. All rights reserved. "gnuplot" software used in certain Microsoft web sites servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.