MICROSOFT TERMS OF SALE
Pitcairn Islands Consumer Store
Updated February 2017
IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 28. IT AFFECTS HOW DISPUTES ARE RESOLVED.
Welcome to Microsoft’s online and retail Stores operated by Microsoft Corporation ("Microsoft," "We," "Us," "Our"), located at One Microsoft Way, Redmond, WA 98052, USA.
"Store" refers to our online and retail venues that allow you to browse, view, acquire, purchase, and rate and review products and services including devices, game consoles, digital content, applications, games, services, and more. These Terms of Sale ("Terms of Sale") cover use of the Microsoft Store, Office Store, Xbox Store, Windows Store, and other Microsoft services that refer to these Terms of Sale (collectively "Store"). Through the Store, Microsoft provides access to a variety of resources, including download areas, software, tools, and information about software, services and other merchandise (collectively "Services"). The term "Store" includes Services. Many of the products, services and content offered in the Store are offered by entities other than Microsoft. By using the Store, orby acquiring products or services from the Store, you accept and agree to these Terms of Sale, Microsoft's Privacy Statement (see the Privacy and Protection of Personal Information section below), and applicable terms and conditions, policies or disclaimers found in the Store or referenced in these Terms of Sale (collectively the "Store Policies"). We encourage you to read the Store Policies carefully. YOU MAY NOT USE THE STORE IF YOU DO NOT AGREE TO THE STORE POLICIES.
If we have a Microsoft Retail Store located in your country or region, it may have different or additional policies. Microsoft may update or amend any policies without notice at any time.
TERMS RELATING TO YOUR USE OF THE STORE
2. No Unlawful or Prohibited Use. As a condition of your use of the Store, you warrant to us that you will not use the Store for any purpose that is unlawful or prohibited by these Terms of Sale, the Store Policies, or any other terms that apply to your use of the Store. You may not use the Store in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party's use and enjoyment of the Store. You may not attempt to gain unauthorized access to the Store, other accounts, computer systems or networks connected to any Microsoft server or to the Store, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store. You may not use the Store in a way that infringes rights of third parties, including willfully harming a person or entity, including Microsoft. You may not commercially distribute, publish, license, or sell any products, information or services obtained from the Store.
3. Materials You Provide to Microsoft or Post in the Store. Microsoft does not claim ownership of the materials you provide to Microsoft (including feedback, ratings, reviews and suggestions) or post, upload, input or submit to the Store or associated Microsoft services for review by others (each a "Submission" and collectively "Submissions"). However, you grant Microsoft a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and sublicensable right to use, modify, adapt, reproduce, create derivative works from, translate, edit, perform, distribute, and display your Submission, including your name, in any media. If you publish your Submission in areas of the Store where it is available broadly online without restrictions, your Submission may appear in demonstrations or materials that promote the Store and/or the products, services and content offered in the Store. You warrant and represent that you have (and will have) all of the rights necessary to make any Submission you provide and to grant these rights to Microsoft, on a worldwide basis and for the duration of these rights.
No compensation will be paid with respect to the use of your Submission. Microsoft is under no obligation to post or use any Submission and Microsoft may remove any Submission at any time in its sole discretion. Microsoft takes no responsibility and assumes no liability for your Submissions or the material others post, upload, input or submit using the Store.
If you rate or review an application in the Store, you may receive email from Microsoft which contains content from the publisher of the application.
4. Links to Third-Party Websites. The Store may include links to third-party websites that let you leave the Store. These linked sites are not under the control of Microsoft and Microsoft is not responsible for the contents of any linked site or any link contained in a linked site. Microsoft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Microsoft of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.
Terms Relating to the Sale of Products AND SERVICES to You
5. Geographic Availability. Available products and services may vary depending on your region or device. In addition, there may be limits on where we can ship goods, or provide services or digital content. To complete your purchase, you may be required to have a valid billing and shipping address within the country or region of the Store where you are purchasing.
6. End Users Only. You must be an end user to purchase products and services from the Store. Resellers are not eligible to purchase.
7. Export Limitations. Products and services acquired from the Store may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations.
8. Billing. By providing Microsoft with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Microsoft to charge you for any products, services or available content purchased using your payment method; and (iii) authorize Microsoft to charge you for any paid feature of the Store that you choose to sign up for or use. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscriptions. Also, we may charge you up to the amount you have approved, and we will notify you in advance and in accordance with the terms of your subscription of any change in the amount to be charged for recurring subscriptions. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed. See the Automatic Renewal section below.
If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the product or service.
9. Recurring Payments. When you purchase products, services or content on a subscription basis (e.g., weekly, monthly, every 3 months, or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Microsoft by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by Microsoft or otherwise in accordance with its terms. By authorizing recurring payments, you are authorizing Microsoft to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Microsoft or its service providers reserve the right to collect any applicable return item, rejection or other fees as permitted by applicable law.
10. Product Availability and Quantity and Order Limits. Product prices and availability are subject to change at any time and without notice. Microsoft may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. If the products or services that you ordered are unavailable, we may contact you to offer you an alternative product. If you do not choose to purchase the alternative product, we will cancel your order.
Microsoft may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for pricing or other errors. In the event of pricing or other errors, we reserve the right, in our discretion, to either (a) cancel your order or purchase or (b) contact you for instructions. In the event of cancellation, your access to the associated content will be disabled.
We may disable access to content associated with your account for any reason. We may also remove or disable games, applications, content, or services on your device in order to protect the Store or potentially affected parties. Some content and applications may be unavailable from time to time or may be offered for a limited time. Availability can be affected by region. Thus, if you change your account or device to another region, you may not be able to re-download content or applications or re-stream certain content that you purchased; you may need to re-purchase content or applications that you paid for in your previous region. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any content or application you purchase.
11. Updates. If applicable, Microsoft will automatically check for and download updates to your applications, even if you’re not signed into the Store. You can change your settings if you prefer not to receive automatic updates to Store apps. However, certain Office Store apps that are entirely or partly hosted online may be updated at any time by the app developer and may not require your permission to update. Some other apps may not be accessible until you accept an update.
12. Software Licenses and Use Rights. Software and other digital content made available through the Store is licensed, not sold, to you. Applications downloaded directly from the Store are subject to the Standard Application License Terms ("SALT") available at https://go.microsoft.com/fwlink/?linkid=838610&clcid=0x0409 unless different license terms are provided with the application. (Applications downloaded from the Office Store are not governed by the SALT and have separate license terms.) Apps, games and other digital content obtained through the Store are subject to the usage rules located at https://go.microsoft.com/fwlink/p/?LinkId=723143. You understand and acknowledge that your rights with respect to these digital goods are limited by these Terms of Sale, copyright law and the usage rules referenced above. Software licenses purchased at a Microsoft Retail Store are subject to the license agreement that accompanies the software, and you will be required to agree to the license agreement when you purchase, download or install the software. Any reproduction or redistribution of software or merchandise not in accordance with the relevant license terms, usage rules, and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk prosecution to the maximum extent of the law.
PLEASE CONTACT THE MICROSOFT STORE SALES AND SUPPORT https://go.microsoft.com/fwlink/p/?linkid=824761&clcid=0x0409 IF YOU WOULD LIKE A COPY OF THE APPLICABLE LICENSE AGREEMENT OR WARRANTY FOR BOXED SOFTWARE, AT NO COST, BEFORE YOU OPEN ANY SOFTWARE PACKAGING.
FOR YOUR CONVENIENCE, MICROSOFT MAY MAKE AVAILABLE AS PART OF THE STORE OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD THAT ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT FROM ANY SUCH TOOLS OR UTILITIES.
Please respect the intellectual property rights of others when using the tools and utilities made available through the Store, or in software or merchandise.
13. Codes for Software and Content Downloads. Certain software and content are delivered to you by making a download link available in your Microsoft account associated with your purchase. Subject to the paragraph below, we usually store the download link and related digital key for these purchases in your Microsoft account for 3 years following the purchase date, but do not promise to store them for any particular length of time. For subscription products that are delivered by providing a download link, different terms and storage rights may apply, which you will be able to review and agree to at the time of your subscription.
You agree that we may cancel or modify our digital key storage program at any time. You also agree that we may stop supporting the storage of keys for one or more products at any time and for any reason, including, by way of example, at the end of the product support life cycle, after which you will no longer have access to the download link or digital key. If we cancel or modify our program such that you will no longer have access to the download link or digital key(s) in your account, we will provide at least 90 days’ advance notice to you using the contact information for the related Microsoft account.
14. Pricing. If we have a Microsoft Retail Store in your country or region, the prices, product selection and promotions offered there may be different from those on the online Store. To the extent permitted by applicable law, Microsoft does not guarantee that a price, product or promotion offered online will also be available or honored at a Microsoft Retail Store or vice versa.
The Store does not have a price match guarantee. We will not match the advertised price other retailers offer for the same items. However, if we lower our price on a device within 30 days of your purchase, we will honor the lower price. If you notice that we have lowered a price on a device you recently purchased, just bring your original sales receipt back to the place of purchase or contact Sales and Support, as applicable, and we’ll gladly issue a refund or credit for the difference (if you paid with a credit card, you’ll need to use the same card). You must contact Microsoft within 30 days of the price change to receive the refund or credit. Price reductions/adjustments are not available for clearance items and limited-time price reductions associated with promotions and/or special sale events including Thanksgiving Day, Black Friday, Cyber Monday or Cyber Week.
We may offer an option to pre-order some products before their availability date. To learn more about our pre-order policies, please see our Pre-Orders page https://go.microsoft.com/fwlink/p/?linkid=834935&clcid=0x0409.
Unless stated otherwise, prices shown in the Store exclude taxes or charges ("Taxes") that may apply to your purchase. Prices shown in the Store also exclude delivery costs. Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page. You are solely responsible for paying such Taxes and costs.
Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a credit or debit card. Please contact your bank for details.
15. Automatic Renewal Selection. Provided that automatic renewals are allowed in your country, region, province/territory, or state, you may choose for products or services to automatically renew at the end of a fixed service period. If you elected to automatically renew your product or service, we may automatically renew the product or service at the end of the current service period and charge you the then-current price for the renewal term, unless you have chosen to cancel the product or service as described below. We will bill your chosen payment method for the renewal, whether it was on file on the renewal date or provided later. You may cancel the products or services prior to the renewal date. You must cancel before the renewal date to avoid being billed for the renewal.
16. Return Policy. We will accept returns and exchanges for eligible products for 30 days from the date of purchase or download, as applicable. Simply return the eligible product in like new condition and in its original packaging, along with all parts, components, instruction manuals and documentation that were initially included. This Return Policy does not affect any statutory rights that may apply to your purchase.
Packaged software and games must be returned with their seal intact and must include all media and product keys. As a limited exception, software and game packages that have been opened may be returned during the return period if you are unsatisfied with the license agreement or warranty, but only if you do not make or retain any copies.
Even if you return your products, packaged software or games, these Terms of Sale will still apply to the time between your purchase or download and return.
Some items are not eligible for return; unless otherwise provided by law or by a particular product offer, all purchases of these types of products are final and non-refundable:
- digital apps, games, in-app content and subscriptions, music, movies, TV shows, and associated content;
- gift cards and service/subscription cards (e.g., Skype, Xbox Live, Groove Music Pass);
- products that have been personalized or customized;
- special order products, if not part of a Store promotional offering;
- random access memory ("RAM") products;
- services that have been performed or consumed; and
- clearance items or those marked with a designation such as "Final Sale" or "Non-Returnable".
When you make a qualifying return, we will credit the full amount, less the original shipping and handling charges (if any) except we won’t deduct those charges for returns because you are unsatisfied with the license agreement or warranty, and you will typically receive your refund in approximately 3-5 business days. Any refunds will be applied to the same account, and using the same method of payment, used to place the order (unless you choose a Store credit in the amount of the refund).
For complete details on how to return eligible products, see our Returns and Refunds page https://go.microsoft.com/fwlink/p/?linkid=723276&clcid=0x0409.
17. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. To the extent permitted by applicable law, you must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce a payment to you without notice to adjust for any previous overpayment.
18. Gift Cards. Gift cards purchased in a Microsoft Retail Store are governed by the Retail Gift Card Agreement located at https://www.microsoftstore.com/store/msusa/html/pbPage.Help_Retail_Stores#GiftCards.
Information on Skype gift cards is available on Skype’s Help page (https://support.skype.com/en/faq/FA12197/what-is-a-skype-gift-card-and-where-can-i-buy-one).
Redemption and use of other Microsoft gift cards are governed by the Microsoft Gift Card Terms and Conditions (https://commerce.microsoft.com/PaymentHub/Help/Show/toc_link_no_62).
19. Customer Service. Please visit our Sales and Support page https://go.microsoft.com/fwlink/p/?linkid=824761&clcid=0x0409 for more information about customer service options.
20. Changing Terms. Microsoft may change the Terms of Sale at any time and without notice to you. The Terms of Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Before your next purchase, Microsoft may have changed the Terms of Sale without notice to you. Please review the Terms of Sale each time you visit the Store. We recommend that you save or print a copy of the Terms of Sale for future reference when you acquire something.
21. Age Limitations. You acknowledge that you are authorized to place an order and to perform any other legal acts required of you under these Terms of Sale. Age limits may apply to your use of the Store, including purchases.
22. Privacy and Protection of Personal Information. Your privacy is important to us. We use certain information that we collect from you to operate and provide the Store. Please read the Microsoft Privacy Statement as it describes the types of data we collect from you and your devices ("Data") and how we use your Data. The Privacy Statement also describes how Microsoft uses your communications with others; postings or feedback submitted by you to Microsoft via the Store; and the files, photos, documents, audio, digital works, and videos that you upload, store or share on your devices or through the Store ("Your Content"). By using the Store, you expressly consent to Microsoft’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement.
23. Product Display and Colors. Microsoft attempts to display product colors and images accurately but we cannot guarantee that the color you see on your device screen or monitor will exactly match the product’s color.
24. Errors in Store Presentation. We work hard to publish information accurately, update the Store regularly, and correct errors when discovered. However, any of the content in the Store may be incorrect or out of date at any given time. We reserve the right to make changes to the Store at any time, including to product prices, specifications, offers and availability.
25. Termination of Use or Access. Microsoft may terminate your account or use of the Store at any time for any reason, including, without limitation, if you are in breach of these Terms of Sale or the Store Policies, or if the Store is no longer operated by Microsoft. By using the Store, you agree to be responsible (in accordance with these terms) for any orders you make or charges you incur prior to such termination. Microsoft may change, discontinue, or otherwise suspend the Store at any time, for any reason, and without prior notice to you.
26. Warranties and Limitation of Remedies. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, MICROSOFT AND ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, AND CONTENT PROVIDERS MAKE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT. PRODUCTS OR SERVICES SOLD OR AVAILABLE IN THE STORE ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENTS OR MANUFACTURER’S WARRANTIES THAT ACCOMPANY THEM. EXCEPT AS PROVIDED UNDER AN ACCOMPANYING LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY:
- YOUR PURCHASE AND USE ARE AT YOUR OWN RISK;
- WE PROVIDE PRODUCTS AND SERVICES "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE";
- YOU ASSUME THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE; AND
- SHOULD THEY PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.
MICROSOFT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE STORE OR SERVICES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. WE DO NOT WARRANT THAT ACCESS TO THE STORE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WON’T OCCUR.
If, despite these Terms of Sale, you have any basis for recovering damages arising out of or RELATING TO the Store (including the Services), or any product or service offered, your exclusive remedy is to recover from Microsoft or ITS suppliers, resellers, distributors, and content providers DIRECT total damages up to (1) the price or fee for one month of any service, subscription, or similar fee (not including the purchase price for hardware, software, support, or extended warranties), or (2) US $100.00 if there was no service, subscription, or similar fee.
YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.
27. Limitation of Liability. YOU AGREE THAT YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, OR LOST PROFITS. The limitations and exclusions IN SECTIONS 26 AND 27 apply even if you incur damages and even if we knew or should have known about the possibility of the damages. SOME STATES OR PROVINCES/territories DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, these limitations and exclusions apply to All CLAIMS, UNDER ANY LEGAL THEORY, related to the Store (including the Services), these terms of sale, or any product or service offered, including loss of content, any virus OR MALWARE affecting your use of the Store OR ANY PRODUCT OR SERVICE ACQUIRED FROM THE STORE; AND delays or failures in starting or completing transmissions or transactions.
28. Binding Arbitration and Class Action Waiver If You Live In (or Are a Business with Your Principal Place of Business In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes Microsoft and its affiliates.
a. Disputes Covered—Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Store (including the Services), any advertising, marketing, or communications, any products or services offered or sold, any purchase transactions or billing, or these Terms of Sale or Store Policies, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
b. Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at https://go.microsoft.com/fwlink/?linkid=245499. We’ll do the same if we have a dispute with you. You and Microsoft will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or we may start an arbitration if the dispute is unresolved.
c. Small Claims Court Option. Instead of mailing a Notice of Dispute,you may sue us in small claims court in your county of residence (or, if a business, your principal place of business) or King County, Washington, if you meet the court’s requirements.
d. Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Store or Services for personal or household use, or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Store or Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available at https://go.microsoft.com/fwlink/?linkid=245497 to the AAA and mail a copy to us. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business) or King County, Washington. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under Commercial Rule 7 or Consumer Rule 14, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.
e. Arbitration Fees and Payments.
i. Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an "award"), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
ii. Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
f. Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes – see Section 28(a)) within one year from when it first could be filed. Otherwise, it’s permanently barred.
g. Rejecting Future Arbitration Changes. You may reject any change Microsoft makes to Section 28 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in Section 28(b). If you do, the most recent version of Section 28 before the change you rejected will apply.
h. Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of Section 28 is found to be illegal or unenforceable, that provision will be severed but the rest of Section 28 still applies.
i. Conflict with AAA Rules. These Terms of Sale govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
29. Interpreting These Terms. All parts of these Terms of Sale apply to the maximum extent permitted by the relevant law; you may have greater rights in your jurisdiction of residence (or, if a business, your principal place of business). If it is determined that we can’t enforce a part of these Terms of Sale as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms of Sale won’t change. Section 28(h) says what happens if parts of Section 28 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 28(h) prevails over this section if inconsistent with it. Except for Section 28 (arbitration and class action waiver), these Terms of Sale are solely for your and our benefit; they aren’t for the benefit of any other person, except for Microsoft’s successors and assigns. Other terms may apply if you purchase products or services from other Microsoft websites.
30. Assignment. We may assign, transfer or otherwise dispose of our rights and obligations under these Terms of Sale, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these Terms of Sale.
31. Notices and Communication. For customer support inquiries, please see the Sales and Support https://go.microsoft.com/fwlink/p/?linkid=824761&clcid=0x0409 page in the Store.
32. Choice of Law and Place to Resolve Disputes.
a. If you live in (or are a business with your principal place of business in) the United States, the laws of thestate where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms of Sale or Store Policies, the Store (including the Services), any advertising marketing, or communications, any purchase transactions or billing, or any products or services offered or sold, that are heard in court (excluding arbitration and small claims court).
b. If you live in (or are a business with your principal place of business in) Canada, the laws of the province/territory where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of law principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the courts in Ontario for all disputes arising out of or relating to these Terms of Sale or Store Policies, the Store (including the Services), any advertising, marketing, or communications, any purchase transactions, or billing, or any products or services offered or sold.
a. Notices and procedure for making claims of intellectual property infringement. Microsoft respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement (https://www.microsoft.com/info/cpyrtInfrg.aspx). ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.
Microsoft uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, Microsoft may also disable or terminate accounts of users of Microsoft services who may be repeat infringers.
b. Copyright and Trademark Notices.
All contents of the Store and Services are Copyright ©2016 Microsoft Corporation and/or its suppliers and third party providers, One Microsoft Way, Redmond, WA 98052, USA. All rights reserved. We or our suppliers and other third party providers own the title, copyright, and other intellectual property rights in the Store, Services and content. Microsoft and the names, logos, and icons of all Microsoft products and services may be either trademarks or registered trademarks of Microsoft in the United States, Canada and/or other countries.
A list of Microsoft trademarks can be found at: https://www.microsoft.com/trademarks. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms of Sale are reserved.
34. Safety Warning. To avoid possible injury, discomfort or eye strain, you should take periodic breaks from use of games or other applications, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.