IF YOU LIVE IN THE UNITED STATES, SECTION 14 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH MICROSOFT. PLEASE READ IT.
This is a contract between you and the Microsoft company listed in Section 15 ("Microsoft," "we," "us," or "our") for use of Microsoft HealthVault accounts (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 10 and 11 for details.
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. Some service features are not available in some languages and locations.
The service is intended for you to use to conveniently store your personal health-related information and information about other people (such as your family) with their consent. HealthVault accounts are not for use by healthcare providers or for any other commercial or non-personal purpose. The information in your account may not always be accurate or up-to-date and should be viewed by any health care provider as informational only.
When using the service, you must comply with this contract, all applicable laws, the service code of conduct (https://account.healthvault.com/help.aspx?topicid=CodeofConduct), the Microsoft Anti-spam Policy (http://go.microsoft.com/fwlink/?LinkID=151677&clcid=0x409), 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 at Microsoft HealthVault Abuse form (http://go.microsoft.com/fwlink/?LinkId=274969).
With most accounts, you can use Microsoft account and credentials from certain non-Microsoft providers to sign in. If you don’t already have credentials to use with the service, we will direct you to Microsoft account signup to get credentials before you sign up for the service. The Microsoft account provides credentials you can use to gain access to Microsoft products, websites and services. Please read the Microsoft Services Agreement (http://go.microsoft.com/fwlink/?LinkID=274920&clcid=0x409) for more information about Microsoft account.
Microsoft does not support non-Microsoft credentials, so HealthVault customer support will not be able to help with sign-in issues for those. If you lose your sign-in credentials, or if the account where you got your credential closes, you will not be able to recover your stored data. To help ensure continued access, we suggest you use more than one sign-in credential with your HealthVault account. Microsoft does not endorse or control, and is not responsible for, the operation, support, or security of non-Microsoft credentials you may use.
Only you may use your account credentials. You must keep your account credentials confidential and not authorize anyone else to access or use the service 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 or any security breach in the service. You are responsible for all activity that takes place with your service account.
If there is a co-custodian of a record in your account (because one of you invited the other), you acknowledge that the co-custodian has full control over that record and may cancel your access to the record, manage other peoples' access to the record, and view the record's data including how and when the record is used.
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.
We don't claim ownership of the content you provide on the service. Your content remains your content. We also don't control, verify, or endorse the content that you and others make available on the service.
You control who may access your content, along with any co-custodians and other invited users. If you share content in your records, then you agree that anyone you've shared content with may use that content. When you give others access to your content on the service, they can use, reproduce, distribute, display, transmit, and communicate to the public the content. If you don't want others to have that ability, don't use the service to share your content.
If you share content on the service in a way that infringes others' rights, including privacy rights, you're breaching this contract. You represent and warrant that you have all the rights necessary for you to grant the rights in this section and the use of the content doesn't violate any law. We may remove your content from the service at any time if you breach this contract.
You're responsible for backing up the data that you store on the service. If your service is canceled, we may permanently delete your data from our servers. We have no obligation to return data to you after the service is canceled. If data is stored with an expiration date, we may also delete the data as of that date. Deleted data may be irretrievable.
The service is intended for personal health records. It does not hold records for healthcare providers or other medical or case management purposes. For example, HealthVault records are not designated record sets as defined under U.S. regulations.If a healthcare provider decides to include any data made available from HealthVault in its records, it should store a copy in its own system.
You explicitly consent to the use of the personal health information you provide via the service, including storing, processing, and disclosing the data in accordance with this contract and the HealthVault Account Privacy Statement (https://account.healthvault.com/help.aspx?topicid=PrivacyPolicy). You confirm that you have the legal authority to consent to Microsoft processing all health information you provide and that you obtained the explicit consent of all other persons whose health data you provide.
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. In the U.S., we also enable participating providers to get reports about whether the information the provider sent to the record was used. This feature is intended to support the U.S. “meaningful use” initiative of the HITECH Act, which provides incentives for health care providers to send patients their medical information electronically. You can opt records out of those reports.
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 HealthVault Account Privacy Statement (https://account.healthvault.com/help.aspx?topicid=PrivacyPolicy).
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.
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.
Third-party programs and devices that connect with HealthVault are not endorsed or warranted by Microsoft. Product descriptions are by their manufacturers and provided for informational purposes only. This site does not provide medical or any other health care advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition, diet, fitness or wellness program. Never disregard professional medical advice or delay in seeking it because of information you accessed on or through the service.
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.
We continuously work to improve the service and may change the service at any time. Additionally, there are reasons why Microsoft may stop providing portions of the service, including (without limitation) that it's no longer feasible for us to provide 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 service is canceled, your right to use the service stops immediately. Your ability to access and use some third-party programs may also stop right away.
You may cancel the service at any time and for any reason. Sections 8, 10-15, and those that by their terms apply after termination of this contract will survive any termination of this 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 14.10 says what happens if parts of Section 14 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 14.10 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. If you have confidentiality obligations related to the service -- for example, you may have been a beta tester -- those obligations remain. Other terms may apply when you use or pay for other Microsoft services. The contract's section titles do not limit its terms.
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.
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.
If you use or receive software from us as part of the service, its use is governed by one of two terms (the "License Terms"): If you are presented with a license for the software, the terms of that license apply; if no license is presented to you, the terms of this contract apply to both the service and the software (and the term “service” in this contract includes the software). The software may include third-party code that Microsoft, not the third party, licenses to you under this agreement. Notices in the software, if any, for the third-party code are included for your information only. Unless applicable law gives you more rights, we reserve all other rights to the software not expressly granted by us under the License Terms, whether by implication, estoppel or otherwise.
We may automatically check your version of the software. We may also automatically download to your computer upgrades to the software to update, enhance, and further develop the service.
Any software we provide is licensed, not sold. Unless we notify you otherwise, the software license ends when your service ends. You must then uninstall the software, or we may disable it. You must not work around any technical limitations in the software. You must not disassemble, decompile, or reverse engineer any software that's included in the service, except and only to the extent that the applicable copyright law expressly permits doing so.
The software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users, and end use. For additional information, see Exporting Microsoft products (http://go.microsoft.com/fwlink/?LinkID=151678).
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.
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.
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.
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.
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.
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.
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.
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.
The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
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.
This contract governs to the extent it conflicts with the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
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 14.2), an arbitration proceeding (Section 14.3), or in court if Section 14.10 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.
You may reject any change Microsoft makes to Section 14 (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 14 before the change you rejected will apply.
If the class action waiver in Section 14.4 is found to be illegal or unenforceable as to all or some parts of a dispute, then Section 14 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 14 is found to be illegal or unenforceable, that provision will be severed with the remainder of Section 14 remaining in full force and effect.
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://go.microsoft.com/fwlink/?LinkID=151679).
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://go.microsoft.com/fwlink/?LinkID=151609). 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.