PHYSICAL MICROSOFT STORE GIFT CARD TERMS AND CONDITIONS

PHYSICAL MICROSOFT STORE GIFT CARD TERMS AND CONDITIONS
United States
Updated February 2019

1. What this Agreement Covers. This Agreement between you and Microsoft Corporation (or based on where you live, one of its affiliates) (“we“, “us”, “our”, or “Microsoft”) sets forth the terms and conditions applicable to the Physical Microsoft Store Gift Card (“Card”). Please note that, subject to applicable law, we do not provide warranties for the Card. This Agreement also limits our liability. These terms are in sections 9 and 10, and we ask you to read them carefully. Your use of the Card will constitute your acceptance of this Agreement.

2. The Card. The Card is issued by Microsoft in the State of Washington. Cards may be used for making purchases at participating physical Microsoft Store locations. The Card is a pre-payment for goods and services with a dollar value that is selected at the time of purchase. The Card is not a credit, charge or debit card. Unless otherwise required by law, any balance on your Card is non-refundable and it may not be redeemed for cash. (NOTE: In California only, Cards with less than $10.00 remaining balance on them may be converted to cash.)

3. Activation and Use. The Card may be used immediately upon activation of the Card at the time of purchase. The full amount of each purchase, including taxes, will be deducted from the value held on the Card, up to the balance available on the Card. If the purchase amounts exceed the balance of your Card an additional payment will be required. Credits for returns accepted by Microsoft will be allocated back to the Card or a replacement Card. If, for any reason whatsoever, a transaction is processed despite insufficient available value on the Card, you agree to reimburse us, upon request, for the amount of the insufficient funds. Microsoft will have the right to suspend or terminate your use of the Card and request alternative forms of payment if the check or other payment used to purchase the Card is subsequently returned for non-payment.

4. Use by any Cardholder. The Card may be used by anyone who possesses the Card (the “Cardholder”), regardless of the manner by which the Cardholder acquired possession and regardless of whether the use or possession of the Card by the Cardholder is authorized by you. Protect the Card and treat it like cash. If the Card is lost, stolen, damaged or destroyed, it will not be replaced and the value remaining will be lost. If the Card is used without your permission, you will not be reimbursed for your loss.

5. Fees and Expiration. Card funds do not expire. Microsoft does not charge any fee for the Card.

6. Balance Inquiry. You can check the balance of your Card by calling 800-698-5071. You will not receive a statement itemizing your Card transactions.

7. Errors and Corrections. We reserve the right to correct the balance of on your Card if we believe that a clerical, billing or accounting error occurred. If you have questions regarding any correction, or if you think an error has occurred, please immediately call our customer service department at 800-698-5072. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the date the error occurred.

8. How You May Not Use the Card. In using or transferring the Card, you may not engage in, facilitate or further unlawful use or conduct. Resale of the Card is prohibited. Microsoft will have the right to suspend or terminate your use of the Card if Microsoft has reason to believe that the Card has been or will be used for a fraudulent or an illegal purpose or if you are in breach of this Agreement.

9. WE MAKE NO WARRANTY. This section is subject to applicable laws. We provide the Card to you "as-is," "with all faults" and "as available." To the extent permitted by applicable laws, we give no express or implied warranties, guarantees or conditions, including for merchantability, fitness for a particular purpose, course of dealing, workmanlike effort and non-infringement.

10. LIABILITY LIMITATION. You can recover from Microsoft only direct damages up to an amount equal to the balance on your Card. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages. Subject to applicable law, this liability limitation applies to anything related to:
•   delays or failures you may have in initiating, conducting or completing transactions in connection with the Card in an accurate or timely manner,
•   claims for wrongful dishonor,
•   claims arising from suspending the balance on your Card or terminating your use of the Card, and
•   any other claims for breach of Agreement, breach of warranty, guarantee or condition, strict liability, negligence or other tort. It also applies even if:
-   this remedy does not fully compensate you for any losses; or
- Microsoft knew or should have known about the possibility of the damages.

11. Consent Regarding Electronic Information; Amendments. This Agreement is in electronic form and appears on our website at microsoft.com/store/physical-store-card-terms or a successor website. Please check this website regularly. We may amend this Agreement at any time by posting changes to our website designated for this purpose. Notices will be deemed given to you and received 30 days after the date of posting to this website.

12. Interpreting the Agreement. All parts of this Agreement apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this 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 Agreement will not change. This is the entire Agreement between you and us regarding the use of the Card. It supersedes any prior Agreement or statements regarding the Card. The section titles in the Agreement do not limit the other terms of this Agreement.

13. Claim Must Be Filed Within One Year. Any claim related to this Agreement or the Card 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 in time, then that claim is permanently barred. This applies to you and your successors and assigns. It also applies to us and our successors and assigns.

14. Choice of Law and Location for Resolving Disputes. Washington state law governs the interpretation of this Agreement and applies to claims for breach of it, regardless of conflict of laws principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, U.S.A., for all disputes arising out of or relating to this Agreement.