Microsoft Signature Services

Microsoft Online Store

Terms & Conditions for Microsoft Signature Services

Microsoft Signature Services
March 2011

The Microsoft Store ("Microsoft" or "we") offers several Microsoft Signature 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 and authorize Microsoft, either directly or through its authorized agents, to perform the Services on your behalf. If you do not accept these Terms in their entirety, you may not access or use the 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. Microsoft will protect your information in the normal course of business according to the Microsoft Store privacy statement available at http://privacy.microsoft.com/en-us/default.mspx.

Minors

We do not offer Services for minors. You agree that you are age 18 years or older as of the date you purchase or otherwise receive the right to use the Services.

User experience

Unless otherwise indicated, the Services are designed and offered as one-on-one service and are not for group use. You agree not to record or otherwise store any Services session. Microsoft reserves the right to cancel the scheduled Service if it becomes apparent that the Service session is being recorded or stored or there are multiple people participating in or observing the Service session. In addition, Microsoft reserves the right to record the sessions and related communications in compliance with applicable law and the Microsoft Store privacy statement.

Scope of services

The scope of the Services will be described in the offer terms. Unless otherwise stated, the Services do not include: (i) technical support for pre-existing technical issues; (ii) virus, malware and Trojan removal; or (iii) data back up. The offer terms may also state other exclusions specific to the offer, including, by way of example, limitations on the number or type of applications that may be migrated.

Security setup or security training services

We may from time to time offer Services that are designed to help you understand your options for maximizing the security settings and/or security software on your computer. Those Services are designed to help you gain an awareness and understanding of computer security issues generally.They are also designed to help you adopt good security practices and make computer security decisions that meet your personal needs. They are neither designed to nor do they provide any certification, warranty, guarantee or other validation that your computer is or will be secure from unwanted security attacks and we assume no liability for any security attacks or resulting damage or loss. Viruses and other malicious technologies designed to attack your computer are continually changing to overcome existing security measures. It is important that you continue to stay informed about computer security issues and that you adopt new security measures or otherwise update your computer on an ongoing basis as needed.

Minimum system requirements

We reserve the right to cancel the Service session and/or provide a refund due to problems with your computer, your system requirements or configuration, or for other reasons that are beyond our control and make providing the Service impossible or impractical. You will not be charged for Services that Microsoft does not perform.

Remote access sharing

Most Services require Microsoft to connect remotely to your personal computer so that we can help guide you through various steps during the Service. When establishing the remote access connection, we will ask you to download software to establish the connection, accept the End User License Agreement ("EULA") for that software, and allow us to access your computer. You must agree to these steps in order for us to provide the Services to you. If we are not able to successfully establish a remote access connection to your computer we will refund the cost of the Service. We may also run diagnostic tools on your computer to determine whether your system meets the minimum system requirements for us to perform certain Services, such as upgrades.You must agree to this step in order for us to provide those Services.

Software installations/End User License Agreements/Authority

If your Service includes software installations, you must have your software and your related software product keys available as a condition of the installation. Microsoft may accept EULAs on your behalf for software installations related to the Service. You agree to comply with the terms of any such EULAs. Microsoft will direct you to a copy of any such EULAs during the Service and you will have an opportunity to read and agree to the EULA. 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.

Language

Unless otherwise stated in the offer terms, all Services sessions will be provided in English.

Session availability and expiration

Services sessions are offered on a first-come, first-scheduled, space available basis. You must register for your Services session by calling Microsoft Store Customer Service at 1-877-MY-MS-STORE (1-877-696-7786). Unless otherwise stated, all Services expire if not used within 90 days of the date of purchase.

Session cancellation

Please be on time for your Services session. We reserve the right to cancel your Services session if you are late. In addition, Microsoft may cancel the Services session if it is not able to contact you at the scheduled time. You may cancel or reschedule your session prior to expiration by contacting the Microsoft Store. Microsoft reserves the right to change or cancel, at any time, the date or time of any Services session.

Refund

You may cancel your unused Services session for a refund at any time within 30 days of purchasing the same. Your refund will be equal to the cost of your Services session.

Changes to the services

We reserve the right to modify, amend, cancel or otherwise change the Services at any time, for any reason and without notice to you. We will give you a refund in the event we cancel a specific Service that you have paid for but have not yet received and has not otherwise expired. 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 a current or future Service sessions.

Compliance with laws and legal authorities

Microsoft cooperates with the government and law enforcement officials to enforce and comply with the law. You understand that we may disclose your personal information or data to the legal authorities if we believe, in our sole discretion, that doing so is required to comply with the law or to stop any illegal activity.

No warranties

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, Gaurantees And Conditions, Whether Oral Or Written, Express Or Implied, With Respect To The Services, Including Any And All Statutory And Implied Waranties 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 Bisiness, Loss Of Opportunity, Loss Of Goodwill, Loss Of Reputation, Loss Of, Damage To, Loss Of, Or Corruption Of Data, Damage To Or Loss Of Use Relating To Your Computer, 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.

Miscellaneous

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.

 
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