Terms of Use

Last updated July 28, 2013

IF YOU LIVE IN THE UNITED STATES, SECTION 13 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH MICROSOFT. PLEASE READ IT.

1. What the Service Agreement Covers

This is a contract between you and the Microsoft company listed in Section 14 ("Microsoft," "we," "us," or "our") for use of HealthVault_Personal App Manager (the "service"). By using or accessing the service, you confirm that you agree to these terms. If you don't agree, don't use the service.

Please note that we don't provide warranties for the service. This contract also limits our liability to you. See Sections 9 and 10 for details.

2. Your responsibility for security

You are responsible for the security of the data your personal application can access or store. If someone obtains a copy of the application ID that the service provides to you, it will be possible for them to access data in your HealthVault account. Please use good security practices in managing your application ID and developing your application in order to safeguard your information. Microsoft is not responsible for ensuring your application is secure.

3. Using the service

You may only use the service for applications you develop. You are prohibited from using the service to add an application ID to an application you obtain from a third party. You are also prohibited from marketing your application for third parties to use with application IDs from this service.

The service is intended to enable you to connect your HealthVault account with an application you develop for personal use. The service is not for use by healthcare providers or for any other commercial or non-personal purpose.

Microsoft may cancel the application ID you obtain from the service at any time. If that happens, features of your application that depend on HealthVault will no longer work. You're responsible for backing up any data in your application.

We may deny account sign-up based your location or other reasons. You must not attempt to work around any such limitations in the service.

When using the service, you must comply with this contract, all applicable laws, the HealthVault code of conduct (http://go.microsoft.com/?linkid=9835388), the Microsoft Anti-spam Policy (http://go.microsoft.com/fwlink/?LinkId=117951), and other notices we provide. You may not use the service in any unauthorized way that could interfere with anyone else’s use of it or to gain unauthorized access to any service, data, account, or network.

You may start using the service as soon as you have finished the sign-up process.

Help Microsoft maintain a healthy and vibrant environment by reporting any illegal or inappropriate behavior using the Microsoft HealthVault Abuse form at https://support.healthvault.com.

4. Microsoft account

If you don’t already have credentials to use with the service (we accept Microsoft account, Facebook or OpenID from certain providers), we will provide you with Microsoft account credentials when you sign up for the service. The Microsoft account, formerly known as Windows Live ID, provides credentials you can use to gain access to Microsoft products, websites and services. Please read the Microsoft Services Agreement (http://go.microsoft.com/?linkid=9835389) for more information about Microsoft account.

To create a Microsoft account, you must provide a user name and password, certain demographic information, and “account proofs,” such as an alternate email address or phone number. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your Microsoft account.

If you use your credentials to gain access to other products and services, the terms and conditions for those products, websites, or services will apply to your use of those products, websites, or services.

If you've forgotten your password or otherwise can't access your Microsoft account, you can recover your Microsoft account by visiting the Reset your password webpage (http://go.microsoft.com/fwlink/?LinkId=238656). Microsoft doesn't guarantee that your Microsoft account will be restored.

5. Your service account

Only you may use your account credentials and the application ID you receive from the service. You must keep your account credentials and application ID confidential and not authorize anyone else to access or use the them on your behalf, unless we provide an approved mechanism for that. You must contact Customer Support right away if you suspect misuse of your account, application ID, or any security breach in the service. You are responsible for all activity that takes place with your service account and application ID.

6. Internet access may be required.

To access the service by means of a cellular data connection on a portable device (such as a Windows Phone), you will need a data access plan from your wireless carrier. In order to access the service via WiFi or Internet connection, you will need a compatible device, software, browser and Internet access. Check with your provider to learn if any fees apply. You are solely responsible for any fees or costs you incur to access the services through any wireless or other communication service.

7. Privacy

We consider your use of the service to be private. However, we may access, disclose, or preserve information associated with your use of the service, including (without limitation) your personal information and content, or information that Microsoft acquires about you through your use of the services (including IP address and third-party information) when Microsoft forms a good-faith belief that doing so is necessary (a) to comply with applicable law or to respond to legal process from competent authorities; or (b) to enforce this contract or protect the rights or property of Microsoft or our customers. You consent to the access and disclosures outlined in this section.

The service is a private computer network that Microsoft operates for the benefit of itself and its customers. Microsoft retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect our customers, or stop you from breaching this contract. The technology or other means we use may hinder or prevent your use of the service.

In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine. You may read about this information collection in more detail in the Privacy Statement.

8. How we may change the contract

We may change this contract, and will notify you by posting new terms. If you do not agree to the changes, you must cancel and stop using the service. If you do not stop using the service, the new terms apply to you.

9. NO WARRANTY

We provide the service "as-is," "with all faults" and "as available." The entire risk as to the quality and performance of the service and software is with you. Should the service or software prove defective, you assume the entire cost of all necessary servicing or repair. We don't guarantee the accuracy or timeliness of information available from the service. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. We do not guarantee the service will be uninterrupted, timely, secure, or error-free, or that data loss will not occur. We and our affiliates and vendors give no express warranties, guarantees, or conditions. We exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and noninfringement. You may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they are applicable.

10. LIABILITY LIMITATION

If you have any basis for recovering damages from Microsoft or its affiliates and vendors, you can recover only direct damages up to US $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

The limitations and exclusions apply to anything related to this contract, such as loss of data; third-party content, programs or conduct; viruses that affect your use of the service; incompatibility between the service and other services, software and hardware; delays or failures you may have in starting or completing transmissions; and claims for breach of contract, warranty, guarantee or condition; consumer protection; deception; unfair competition; strict liability, negligence, misrepresentation, omission, trespass or other tort; violation of statute or regulation; or unjust enrichment; all to the extent permitted by applicable law.

The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.

Nothing in these terms shall affect the statutory rights of any consumer or exclude or restrict liability for death or personal injury arising from our negligence, fraud, or our gross negligence or willful intent. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.

11. Changes to the service and cancellation

We work to improve our services and may change the service at any time. Additionally, there are reasons why Microsoft may stop providing the service or accepting the application IDs you obtain from it, including (without limitation) that it's no longer feasible for us to operate it, the technology advances, customer feedback indicates a change is needed, or external issues arise that make it imprudent or impractical to continue. If your application ID is cancelled, your application’s connectivity with HealthVault will end immediately. If your service is canceled, your right to use the service stops immediately.

You may cancel the service at any time and for any reason. Sections 7, 9-14, and those that by their terms apply after termination of this contract will survive any termination of this contract.

12. General legal terms

12.1. Interpreting the contract

All parts of this contract apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of this contract as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this contract won't change. Section 13.10 says what happens if parts of Section 13 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 13.10 prevails over this section if inconsistent with it. This is the entire contract between you and us regarding the service. It supersedes any prior contract or oral or written statements regarding your use of the service. Other terms apply when you use or pay for HealthVault or other Microsoft services. The contract's section titles do not limit its terms.

12.2. Assignment

We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the service.

12.3. No third-party beneficiaries

This contract is solely for your and our benefit. It is not for the benefit of any other person, except for Microsoft’s successors and assigns.

12.4. Notices

You may notify us as stated in the customer support or "help" area for the service. We may send you, in electronic form, information about the service, additional information, and information the law requires us to provide. You consent to Microsoft providing you required information by e-mail at the e-mail address you specified when you signed up for your Service or by access to a Microsoft web site that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you don't consent to receive notices electronically, you must stop using the service.

13. Binding arbitration and class action waiver if you live in the United States.

If you live in the United States, this section applies to any dispute EXCEPT IT DOES NOT INCLUDE A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, MICROSOFT’S, OR EITHER OF OUR LICENSORS’ INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and Microsoft concerning the service or software (including their price) or this contract, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.

13.1. Notice of Dispute.

In the event of a dispute, you or Microsoft must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: LCA ARBITRATION, One Microsoft Way, Redmond, WA 98052-6399. A form is available at go.microsoft.com/fwlink/?LinkId=245499. Microsoft will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. 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 Microsoft may commence arbitration.

13.2. Small Claims Court.

You may also litigate any dispute in small claims court in your county of residence or King County, Washington, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.

13.3. Binding Arbitration.

If you and Microsoft do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.

13.4. Class Action Waiver.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Microsoft will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

13.5. Arbitration Procedure.

Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. If you are an individual and use the 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 services, its Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see www.adr.org or call 1-800-778-7879. To commence arbitration, submit the form available at go.microsoft.com/fwlink/?LinkId=245497 to the AAA. You agree to commence arbitration only in your county of residence or in King County, Washington. Microsoft agrees to commence arbitration only in your county of residence. You may request a telephonic or in-person hearing by following the AAA rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. 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, and only to the extent required to satisfy your individual claim.

13.6. Arbitration Fees and Incentives.

13.6.1. Disputes Involving $75,000 or Less. Microsoft will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject Microsoft’s last written settlement offer made before the arbitrator was appointed (“Microsoft’s last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than Microsoft’s last written offer, Microsoft will give you three incentives: (i) pay the greater of the award or $1,000; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and Microsoft agree on them.

13.6.2. Disputes Involving More Than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.

13.6.3. Disputes Involving Any Amount. In any arbitration you commence, Microsoft will seek its AAA or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration Microsoft commences, Microsoft will pay all filing, AAA, and arbitrator’s fees and expenses. Microsoft will not seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not counted in determining how much a dispute involves.

13.7. Conflict with AAA Rules.

This contract governs to the extent it conflicts with the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.

13.8. Claims or Disputes Must Be Filed Within One Year.

To the extent permitted by law, any claim or dispute relating to this contract or the service or software must be filed within one year in small claims court (Section 13.2), an arbitration proceeding (Section 13.3), or in court if Section 13.10 permits the dispute to be filed in court instead of arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.

13.9. Rejecting Future Arbitration Changes.

You may reject any change Microsoft makes to Section 13 (other than address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in Section 14.1. If you do, the most recent version of Section 13 before the change you rejected will apply.

13.10. Severability.

If the class action waiver in Section 13.4 is found to be illegal or unenforceable as to all or some parts of a dispute, then Section 13 will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of Section 13 is found to be illegal or unenforceable, that provision will be severed with the remainder of Section 13 remaining in full force and effect.

14. Contracting party, choice of law and location for resolving disputes

If you live in the United States, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA. The laws of the state where you live govern the interpretation of this contract, claims for breach of it, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles. 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 this contract, the service or the software that are heard in court (not arbitration and not small claims court).

If you live in North or South America outside the United States, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA. Washington State law governs the interpretation of this contract and applies to claims for breach of it, regardless of choice of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which we direct your service.

If you live in Europe, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg. The laws of Luxembourg govern the interpretation of this contract and apply to claims for breach of it, regardless of conflict of laws principles, unless you live in Spain, in which case the laws of Spain govern the interpretation of this contract. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which we direct your service. With respect to jurisdiction, you may choose the responsible court in Luxembourg or in the country in which you reside for all disputes arising out of or relating to this contract.

If you live in the Middle East or Africa, you are contracting with Microsoft Luxembourg S.à.r.l., 20 Rue Eugene Ruppert, Immeuble Laccolith, 1st Floor, L-2543 Luxembourg. The laws of Luxembourg govern the interpretation of this contract and apply to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of the country to which we direct your service. You and we irrevocably agree to the exclusive jurisdiction and venue of the Luxembourg courts for all disputes arising out of or relating to this contract.

If you live in Asia or the South Pacific (other than the countries called out below), you are contracting with Microsoft Regional Sales Corp. (“MRS”). MRS is a corporation organized under the laws of the State of Nevada, USA. MRS has a branch in Singapore located at 438B Alexandra Road, #04-09/12, Block B, Alexandra Technopark, Singapore, 119968. The laws of Washington govern this contract. Any dispute arising out of or related to this contract, the service or the software will be referred to and finally resolved by arbitration in Singapore according to the Arbitration Rules of the Singapore International Arbitration Center (“SIAC”). These rules are incorporated by reference into this clause. The tribunal will consist of one arbitrator appointed by the Chairman of SIAC. The language of arbitration will be English. The decision of the arbitrator will be final, binding, and incontestable. The decision may be used as a basis for judgment in any country or region.

If you live in China, you are contracting with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, USA. Washington State law governs this contract, regardless of conflict of laws principles. The jurisdiction of the state or federal courts in King County, Washington, USA, is nonexclusive.

If you live in Japan, you are contracting with Microsoft Japan Co., Ltd (MSKK), Shinagawa Grand Central Tower, 2-16-3 Konan Minato-ku, Tokyo 108-0075. The laws of Japan govern this contract and any matters arising out of or relating to it. You and we irrevocably agree to the exclusive original jurisdiction and venue of the Tokyo District Court for all disputes arising out of or relating to this contract.

If you live in Korea, you are contracting with Microsoft Korea, Inc., 6th Floor, POSCO Center, 892 Daechi-Dong, Kangnam-Gu, Seoul, 135-777, Korea. The laws of the Republic of Korea govern this contract. You and we irrevocably agree to exclusive original jurisdiction and venue of the Seoul District Court for all disputes arising out of or relating to this contract.

If you live in Taiwan, you are contracting with Microsoft Taiwan Corp., 8F, No 7 Sungren Road, Shinyi Chiu, Taipei, Taiwan 110. The laws of Taiwan govern this contract. You and we irrevocably designate the Taipei District Court as the court of first instance having jurisdiction over any disputes arising out of or in connection with this contract.

15. NOTICES

Notices and procedure for making claims of copyright infringement

Notifications of claimed copyright infringement should be sent to Microsoft's designated agent. INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. For details and contact information, see Notice and Procedure for Making Claims of Copyright Infringement (http://www.microsoft.com/info/cpyrtinfrg.aspx).

Copyright and trademark notices

All contents of the Service are Copyright Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 USA. All rights reserved. We or our suppliers own the title, copyright, and other intellectual property rights in the service and content. Microsoft, HealthVault, Windows, and the names, logos and icons of other Microsoft products and services may also be either trademarks or registered trademarks of Microsoft in the United States and/or other countries (http://www.microsoft.com/about/legal/intellectualproperty/trademarks). The names of actual companies and products may be the trademarks of their respective owners. Example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real HealthVault account holder, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted in this contract are reserved. Certain software used in certain Microsoft website servers is based in part on the work of the Independent JPEG Group. Copyright ©1991-1996 Thomas G. Lane. All rights reserved. "gnuplot" software used in certain Microsoft web sites servers is copyright © 1986-1993 Thomas Williams, Colin Kelley. All rights reserved.