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ToSBackCrawler committed Jul 6, 2019
1 parent ca12d4c commit e17992040b5405d941a919488f4a116758e53793
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  1. +19 −17 crawl_reviewed/microsoftstore.com/Terms of Sale.txt
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<p> <p>
<strong>MICROSOFT TERMS OF SALE<br> <strong>MICROSOFT TERMS OF SALE<br>
United States and Canada Consumer Store</strong> United States and Canada Consumer Store</strong>
<br> </p>
Updated February 2017</p> <p>Updated June 2019</p>
<p> <p>
<strong>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. <strong>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.</strong> IT AFFECTS HOW DISPUTES ARE RESOLVED.</strong>
</p> </p>
<p>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.</p> <p>Welcome to Microsoft’s online and retail Stores operated in the United States by Microsoft Corporation, located at One Microsoft Way, Redmond, WA 98052, USA, and in Canada by Microsoft Canada Inc., located at 1950 Meadowvale Blvd., Mississauga, ON L5N 8L9, Canada.
References in these Terms of Sale to "Microsoft," "We," "Us," "Our" refer to Microsoft Corporation or Microsoft Canada, as applicable to your jurisdiction.</p>
<p>"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. <p>"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"). 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"). 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").
@@ -16,7 +17,7 @@ Many of the products, services and content offered in the Store are offered by e
<strong>By using the </strong> <strong>By using the </strong>
<strong>Store</strong> <strong>Store</strong>
<strong>, </strong> <strong>, </strong>
<strong>or</strong> <strong>or </strong>
<strong>by</strong> <strong>by</strong>
<strong> acquiring products or services from the </strong> <strong> acquiring products or services from the </strong>
<strong>Store</strong> <strong>Store</strong>
@@ -119,13 +120,13 @@ Some other apps may not be accessible until you accept an update.</p>
<p>12. <p>12.
<strong>Software Licenses and Use Rights</strong>. <strong>Software Licenses and Use Rights</strong>.
Software and other digital content made available through the Store is licensed, not sold, to you. 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 Link to Standard Application License terms unless different license terms are provided with the application. Applications downloaded directly from the Store are subject to the Standard Application License Terms ("SALT") available at https://go.microsoft.com/fwlink/p/?linkid=838610&amp;clcid=0x1009 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. (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. 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. 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. 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.</p> Violators risk prosecution to the maximum extent of the law.</p>
<p>PLEASE CONTACT THE MICROSOFT STORE SALES AND SUPPORT Link to Microsoft Store customer support contact page 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.</p> <p>PLEASE CONTACT THE MICROSOFT STORE SALES AND SUPPORT https://go.microsoft.com/fwlink/p/?linkid=824761&amp;clcid=0x1009 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.</p>
<p>OTHER TERMS AND CONDITIONS. <p>OTHER TERMS AND CONDITIONS.
In addition to software and other downloadable products, other products and services available in the Store may also be offered to you subject to separate end user license agreements, terms of use, terms of service or other terms and conditions. In addition to software and other downloadable products, other products and services available in the Store may also be offered to you subject to separate end user license agreements, terms of use, terms of service or other terms and conditions.
If you purchase, install, or use those products, you may be required to also accept those terms as a condition of purchase, installation, or use.</p> If you purchase, install, or use those products, you may be required to also accept those terms as a condition of purchase, installation, or use.</p>
@@ -151,7 +152,7 @@ If you notice that we have lowered a price on a device you recently purchased, j
You must contact Microsoft within 30 days of the price change to receive the refund or credit. 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.</p> 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.</p>
<p>We may offer an option to pre-order some products before their availability date. <p>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&amp;clcid=0x0409.</p> To learn more about our pre-order policies, please see our Pre-Orders page: https://go.microsoft.com/fwlink/p/?linkid=834935&amp;clcid=0x1009.</p>
<p>Unless stated otherwise, prices shown in the Store exclude taxes or charges ("Taxes") that may apply to your purchase. <p>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. 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. Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page.
@@ -188,7 +189,7 @@ and</li>
</ul> </ul>
<p>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. <p>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).</p> 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).</p>
<p>For complete details on how to return eligible products, see our Returns and Refunds page https://go.microsoft.com/fwlink/p/?linkid=723276&amp;clcid=0x0409.</p> <p>For complete details on how to return eligible products, see our Returns and Refunds page https://go.microsoft.com/fwlink/p/?linkid=723276&amp;clcid=0x1009.</p>
<p>17. <p>17.
<strong>Payments to You. <strong>Payments to You.
</strong>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. </strong>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.
@@ -204,7 +205,7 @@ Gift cards for making purchases at physical Microsoft Store locations are govern
<p>Redemption and use of other Microsoft gift cards are governed by the Microsoft Gift Card Terms and Conditions www.microsoft.com/cardterms.</p> <p>Redemption and use of other Microsoft gift cards are governed by the Microsoft Gift Card Terms and Conditions www.microsoft.com/cardterms.</p>
<p>19. <p>19.
<strong>Customer Service</strong>. <strong>Customer Service</strong>.
Please visit our Sales and Support page Link to Microsoft Store customer support contact page for more information about customer service options.</p> Please visit our Sales and Support page https://go.microsoft.com/fwlink/p/?linkid=824761&amp;clcid=0x1009 for more information about customer service options.</p>
<p> <p>
<strong>GENERAL TERMS</strong> <strong>GENERAL TERMS</strong>
</p> </p>
@@ -252,7 +253,7 @@ AND</li>
YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. 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.</p> 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.</p>
<p> <p>
<strong>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.</strong> <strong>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) if you live in (or are a business with your principal place of business in) the United States, US $100.00 if there was no service, subscription, or similar fee, or (3) if you live in (or are a business with your principal place of business in) Canada, CDN $</strong>[ ]<strong> if there was no service, subscription, or similar fee.</strong>
</p> </p>
<p>YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. <p>YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW.
NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.</p> NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.</p>
@@ -285,12 +286,12 @@ You and Microsoft will attempt to resolve any dispute through informal negotiati
After 60 days, you or we may start an arbitration if the dispute is unresolved.</p> After 60 days, you or we may start an arbitration if the dispute is unresolved.</p>
<p>c. <p>c.
<strong>Small Claims Court Option. <strong>Small Claims Court Option.
</strong>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.</p> </strong>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.</p>
<p>d. <p>d.
<strong>Arbitration Procedure. <strong>Arbitration Procedure.
</strong>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). </strong>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. For more information, see www.adr.org or call 1-800-778-7879.
To start an arbitration, submit the form available at Link to the mandatory arbitration terms and conditions to the AAA and mail a copy to us. 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. 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. 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. You choose.
@@ -340,13 +341,12 @@ Other terms may apply if you purchase products or services from other Microsoft
You may not assign or transfer any rights under these Terms of Sale.</p> You may not assign or transfer any rights under these Terms of Sale.</p>
<p>31. <p>31.
<strong>Notices and Communication. <strong>Notices and Communication.
</strong>For customer support inquiries, please see the Sales and Support Link to Microsoft Store customer support contact page page in the Store.</p> </strong>For customer support inquiries, please see the Sales and Support https://go.microsoft.com/fwlink/p/?LinkId=723143&amp;clcid=0x1009 page in the Store.</p>
<p>32. <p>32.
<strong>Choice of Law and Place to Resolve Disputes. <strong>Choice of Law and Place to Resolve Disputes.</strong>
</strong>
</p> </p>
<p>a. <p>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. If you live in (or are a business with your principal place of business in) the United States, the laws of the state 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).</p> 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).</p>
<p>b. <p>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. 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.
@@ -355,7 +355,9 @@ You and we irrevocably consent to the exclusive jurisdiction and venue of the co
<strong>Notices</strong>.</p> <strong>Notices</strong>.</p>
<p>a. <p>a.
<strong>Notices and procedure for making claims of intellectual property infringement. <strong>Notices and procedure for making claims of intellectual property infringement.
</strong>Microsoft respects the intellectual property rights of third parties. </strong>
</p>
<p>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). 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.</p> ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.</p>
<p>Microsoft uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. <p>Microsoft uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement.

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