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MICROSOFT TERMS OF SALE United States and Canada 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. Many of the products, services and content offered in the Store are offered by entities other than Microsoft. 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 1. If the Store requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information required by the applicable registration form. 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Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at. 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. Small Claims Court Option. For more information, see www. To start an arbitration, submit the form available at to the AAA and mail a copy to us. 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. 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. A rbitration Fees and Payments. 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. 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. 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. 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. Conflict with AAA Rules. 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. 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. Other terms may apply if you purchase products or services from other Microsoft websites. 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. For customer support inquiries, please see the Sales and Support page in the Store. Choice of Law and Place to Resolve Disputes. 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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. 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. 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. Copyright and Trademark Notices. We or our suppliers and other third party providers own the title, copyright, and other intellectual property rights in the Store, Services and content. A list of Microsoft trademarks can be found at:. 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. 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.
The Justia Lawyer Directory is a free online resource that provides detailed profiles of lawyers, law firms, and non-profit legal service and legal aid organizations in the United States. If I know someone has a copy of a GPL-covered program, can I demand they give me a copy. This page will immediately unlock and restore normal access upon your participation in an offer below. Click on it to visit the editing interface of your profile. The factor takes into consideration the amount of each scheduled annual payment and the expected interest earned on funds to support those payments. Real-time market information based upon quotes from several brokers from the first working day after the drawing is used to set the particular drawing's factor. The jackpot factor is based on the market for 100% U. There is a of how we judge the question.
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