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Microsoft (“Microsoft” or “we”) offers several services (the “Services”) to enhance your personal computer experience. We offer the Services to you on the following terms and conditions (the “Terms”). By taking advantage of these Services or purchasing one of the premium fee-based Services, you agree that the following Terms will apply to those Services.
FOR ALL SERVICES:
BACK UP YOUR DATA
Since data can be inadvertently lost, corrupted or breached, you are responsible for ensuring against any data loss by backing up your data, software and files before you use or participate in the Services. You acknowledge and agree that Microsoft will not be responsible for any loss to or corruption of your data. Additionally, it is important that you protect your information and property, so please remove any confidential, proprietary, personal and offensive information from your computer before you use or participate in the Services.
USE OF INFORMATION
You agree and understand that Microsoft may need to collect, process and use your data in connection with the Services offerings. Microsoft will protect your information in the normal course of business according to the Microsoft privacy statement available at http://privacy.microsoft.com/en-us/fullnotice.mspx.
An adult must accompany and be present for the entire duration of any Services that Microsoft provides to a minor under the age of 15.
To the maximum extent permitted by law, Microsoft offers and provides Services to you on an “as is” basis. Microsoft provides no warranty whatsoever as to the accuracy, timeliness, availability or completeness of the Services. MICROSOFT EXPRESSLY DISCLAIMS ALL WARRANTIES, REMEDIES, GUARANTEES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING ANY AND ALL STATUTORY AND IMPLIED WARRANTIES WITH RESPECT TO SUCH SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, SKILL, CARE AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION AND EXCLUSION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY OF MICROSOFT, ITS EMPLOYEES, OR AGENTS, REGARDLESS OF THE NATURE OF YOUR CLAIM, EXCEED THE AMOUNT YOU PAID TO MICROSOFT FOR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MICROSOFT, ITS EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR THAT RELATES TO THE SERVICES. THIS EXCLUSION INCLUDES, BUT IS NOT LIMITED TO: LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, AND ANY COSTS OF RECOVERING, PROGRAMMING OR RESTORING ANY PROGRAM OR DATA STORED OR USED WITH YOUR COMPUTER, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
The laws of the State of Washington govern these Terms without giving effect to its conflict of law provisions. If any court of competent jurisdiction determines that any of these Terms is illegal, invalid or unenforceable, the remaining Terms will remain in full force and effect. These Terms are the only ones that govern the Services. No one is authorized by Microsoft to vary, orally or in writing, any of these Terms.
Additional Terms for PC-Related Services Only:
If you purchase a PC-related Service (such as software or hardware installation, upgrade, maintenance, tune up, repair, data migration, device set up or virus removal) (the “PC-Related Services”), you will be required to sign a Work Authorization and agree to additional Terms and Conditions at the time of the PC-Related Service. You can review the current version of the Work Authorization Terms and Conditions at: http://www.microsoftstore.com/store/msus/html/pbPage.Help_Retail_Stores#WorkAuthorizationTermsandConditions or ask a Store Associate for more details. By purchasing a PC-Related Service, you agree that those additional Terms and Conditions will apply to and are a condition of the PC-Related Services. You also agree that you will sign a Work Authorization at the time of the PC-Related Service.
Additional Terms for Personal Training only:
You may purchase Personal Training which is offered at physical Microsoft retail locations for the current version of Microsoft Windows, Microsoft Office, Windows Essentials and Microsoft Security Essentials. You do not need to purchase a new computer at Microsoft to be eligible for Personal Training. You may purchase Personal Training on behalf of a minor, provided that you are present at the time of purchase and agree to these Terms on the minor’s behalf. Please note that Personal Training is not transferable and must be purchased in the name of the intended user.
OFFERINGS & PRICE CHANGES
Microsoft publishes the current Personal Training offerings and prices at Microsoft. Personal Training offerings and prices may change from time to time.
Personal Training sessions are offered on a first-come, first-served, space available basis. You must register for your Personal Training session either in our store or through the Microsoft Store online reservations system. If you purchase a Personal Training membership, you may schedule up to one class per week during your membership period. You may schedule up to one Personal Training session at a time using Microsoft online reservations system. We hope that you will take advantage of the Personal Training opportunities, but make no guarantee regarding the minimum number of Personal Training sessions that you will be able to schedule or attend during any Personal Training membership period.
Please be on time for your Personal Training sessions as they will start promptly at their scheduled time and end 60 minutes later. We may cancel your Personal Training session if you are late. Microsoft may charge you the full cost of the Personal Training session if you are late, do not show up for your session, or fail to cancel the session within 24 hours before the scheduled time. You may cancel your session by contacting Microsoft or using the Microsoft online reservations system. Microsoft reserves the right to change or cancel, at any time, the date or time of any Personal Training session. Microsoft makes no guarantee that a particular instructor will be available to provide Personal Training on a given day.
You may cancel your Personal Training membership or a single Personal Training session for a full refund at any time within 30 days of purchasing the same with proof of purchase.
CHANGES TO THE PERSONAL TRAINING PROGRAM
We reserve the right to modify, amend, cancel or otherwise change the Personal Training program at any time, for any reason and without notice to you. We will give you a pro rata refund in the event we cancel the Personal Training program. If you violate these Terms or act in an abusive, harassing, disruptive or otherwise inappropriate manner, Microsoft may cancel, without providing any refund to you, and/or limit your ability to sign up or participate in future Personal Training sessions.
Additional or different terms may apply to any Extended Service Plan. Please see the specific terms and conditions that accompany the Extended Service Plan.
LAST UPDATED JANUARY, 2012.
By signing the Work Authorization (the “Agreement”), you agree that the following terms and conditions will apply to the work you are authorizing Microsoft (and its subcontractors) to provide (the “Work”) for the listed device(s) (the “Device”).
SCOPE OF WORK
Microsoft will provide the Work if practical and your Device meets the minimum system requirements. Microsoft will not perform Work that may endanger its employees or agents, subject them to offensive material, or require them to violate the law. You will not be charged for Work that Microsoft does not perform. Microsoft may ship your Device to the manufacturer for repair. Microsoft, its subcontractors or the manufacturer may use new, reconditioned or used replacement parts to provide the Work. Replaced parts will be returned to you unless your warranty provides otherwise.
CLAIMIMG YOUR DEVICE
You must claim your Device within seven (7) days of being notified that it is ready to be picked up. If your Device is not claimed within thirty (30) days of the date of the notice, Microsoft will consider your Device abandoned and may charge you for the Work and a disposal fee.
Warranty/Extended Service Plan Coverage
If your Device is covered by a warranty or a Microsoft extended service plan, the Work will be performed according to those terms. You must provide proof of coverage when you request the Work. You agree to pay any charges not covered, including tax.
COST OF WORK
You agree to pay Microsoft the total Work estimate when you pick up your Device. This amount may include fees for diagnosis, parts, labor, recycling or disposal, and shipping, plus tax, in addition to any change order amounts.
Microsoft will promptly notify you if it discovers that additional parts, labor or other charges are required to provide the Work. Microsoft will give you a new cost estimate and you must authorize the additional Work, including by phone. If you do not authorize the additional Work, Microsoft will return your Device without completing the Work and charge you a diagnostic fee, plus tax.
DATA BACK UP/USE OF PERSONAL INFORMATION
Microsoft will not back up your data as part of its Work unless you specifically request data back up. Since data can be inadvertently lost, corrupted or breached, you are responsible for ensuring against data loss by backing up your data, files, applications, and software before you deliver your Device to Microsoft. You acknowledge and agree that Microsoft will not be responsible for any loss to, corruption of or failure or inability to transfer your data. Additionally, it is important that you protect your sensitive information by using passwords and other proven security measures, as well as removing, before you deliver your Device to Microsoft: (i) any confidential, proprietary, and personal information from your Device; and (ii) any removable media, including floppy disks, CDs, DVDs, and PC Cards. You agree and understand that Microsoft may need to collect, process, use and store your data in performing the Work. You should change your passwords when your Device is returned to you. Microsoft will protect your information in the normal course of business according to the Microsoft privacy statement available at http://privacy.microsoft.com/en-us/fullnotice.mspx. You understand that certain laws may require Microsoft to surrender your Device or data to the legal authorities if you have potentially illegal material on your Device.
END USER LICENSE AGREEMENTS/AUTHORITY
Microsoft may accept End User License Agreements (“EULAs”) on your behalf for software installations. You agree to comply with the terms of any such EULAs. Microsoft will direct you to a copy of any such EULAs when you pick up your Device. If you provide Microsoft information, software or applications to install or transfer on your behalf, you represent that you have the legal authority to authorize Microsoft to take such action.
Work provided under a manufacturer’s warranty or extended service plan will be exclusively covered by the terms of that warranty, extended service plan or any applicable law. If Microsoft provides Work outside of a manufacturer’s warranty or an extended service plan, Microsoft warrants all Work will be performed in a good and workmanlike manner and all hardware components will be free from material defects for a period of 90 days from the date the Work was completed. If you have a warranty claim and contact Microsoft within the 90 day limited warranty period, Microsoft will work to remedy the problem quickly and at no additional cost to you. EXCEPT FOR ANY HARDWARE COMPONENTS COVERED BY THIS LIMITED WARRANTY, MICROSOFT IS NOT RESPONSIBLE FOR ANY HARDWARE OR SOFTWARE UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, GUARANTEES OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF SATISFACTORY CONDITION, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION AND EXCLUSION OF DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHATEVER THE LEGAL BASIS FOR YOUR CLAIM ARISING UNDER THIS AGREEMENT, MICROSOFT’S TOTAL LIABILITY (AND THAT OF ITS AFFILIATES, SUBCONTRACTORS, AGENTS, PUBLISHERS OR MANUFACTURERS (COLLECTIVELY “CONTRACTORS”) WILL BE LIMITED TO DIRECT DAMAGES UP TO THE GREATER OF: (i) THE COST TO REPAIR OR REPLACE THE AFFECTED DEVICE; OR (ii) THE TOTAL AMOUNT YOU PAY TO MICROSOFT FOR THE WORK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MICROSOFT OR ITS CONTRACTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT. THIS EXCLUSION INCLUDES, BUT IS NOT LIMITED TO: LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; AND ANY COSTS OF RECOVERING, PROGRAMMING, INTEROPERABILITY OR RESTORING ANY PROGRAM OR DATA STORED OR USED WITH YOUR DEVICE AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA.
The laws of the State of Washington govern this Agreement without giving effect to its conflict of law provisions. If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. This Agreement, including any Change Orders or Data Migration/Transfer Addendum, is the only one that governs Microsoft’s Work on your Device. All waivers must be in writing. No one is authorized by Microsoft to vary, orally or in writing, any of the terms and conditions in this Agreement.
NOTICES FOR CALIFORNIA CONSUMERS
An estimate for repairs as required (Section 9844 of the California Business and Professions Code) shall be given to the customer by the service dealer in writing, and the service dealer may not charge for work done or parts supplied in excess of the estimate without prior consent of the customer. Where provided in writing, the service dealer may charge a reasonable fee for services provided in determining the nature of the malfunction in preparation of a written estimate for repair. For information, contact the Bureau of Electronic and Appliance Repair, Department of Consumer Affairs, Sacramento, CA 95814.
A buyer of this product in California has the right to have this product serviced and repaired during the warranty period. The warranty period will be extended for the number of whole days that the product has been out of the buyer’s hands for warranty repairs. If a defect exists during the warranty period, the warranty will not expire until the defect has been fixed. The warranty period also will be extended if the warranty repairs have not been performed due to delays caused by circumstances beyond the control of the buyer, or if the warranty repairs did not remedy the defect and the buyer notifies the manufacturer or seller of the failure of the repairs within sixty (60) days after they were completed. If, after a reasonable number of attempts, the defect has not been fixed, the buyer may return this product for a replacement or a refund subject, in either case, to deduction of a reasonable charge for usage. The time extension does not affect the protection or remedies the buyer has under other laws.
LAST UPDATED AUGUST, 2010.
Retail Gift Card Agreement
We want you to be satisfied with your purchase and will accept returns subject to the conditions described below. Qualifying refunds for computers and computer hardware will be honored for fourteen (14) days from the date of purchase. Qualifying refunds for all other items will be honored for thirty (30) days from the date of purchase. Microsoft will not accept the following items for return: (i) items that have been personalized or customized; (ii) special order items, if not part of a Microsoft Store promotional retail sales offering; and (iii) items that have been opened or altered from their original state or show wear or damage. Open software or games may only be exchanged for the same product if the media doesn’t work. All returns must be accompanied by the original receipt or gift receipt, the original documentation, instruction manuals, registration, parts and components (including cables, controllers, and accessories) and the original packaging to qualify for a return. Failure to include such items may prevent or delay your refund. A restocking fee of ten percent (10%) will be deducted from the refund amount for non-defective computer, printer, Xbox and Zune returns. Refunds will be made in the same method as payment. Exceptions: For cash, check or debit refunds for amounts over $250, you may choose to receive either a Microsoft check by mail within ten (10) days of the date of refund or a Microsoft Store gift card in the amount of the refund. Microsoft is not responsible for any personal data included on returned or exchanged items. Please ensure that your personal data is removed from all items prior to return or exchange.