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nor is combining individual proceedings without the consent of all parties .
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`` we , '' `` our , '' and `` us '' includes microsoft , skype -lrb- see section 10 -rrb- and microsoft 's affiliates and , if you use skype pay by mobile , your mobile phone carrier .
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a. disputes covered -- everything except ip .
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the term `` dispute '' is as broad as it can be .
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it includes any claim or controversy between you and us concerning the services , the software related to the services , the services ' or software 's price , your microsoft account , your skype account , or these terms , under any legal theory including contract , warranty , tort , statute , or regulation , except disputes relating to the enforcement or validity of your , your licensors ' , our , or our licensors ' intellectual property rights .
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b. mail a notice of dispute first .
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if you have a dispute and our customer service representatives ca n't resolve it , send a notice of dispute by u.s. mail to microsoft corporation , attn : cela arbitration , one microsoft way , redmond , wa 98052-6399 , u.s.a. -lrb- or to your mobile phone carrier at its principal place of business in the united states marked attn : legal department -rrb- .
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tell us your name , address , how to contact you , what the problem is , and what you want .
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a form is available at http://go.microsoft.com/fwlink/?linkid=245499 .
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we 'll do the same if we have a dispute with you .
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after 60 days , you or we may start an arbitration if the dispute is unresolved .
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c. small claims court option .
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instead of mailing a notice of dispute , you may sue us in small claims court in your county of residence -lrb- or if a business your principal place of business -rrb- or king county , washington , u.s.a. if you meet the court 's requirements .
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the aaa will conduct any arbitration under its commercial arbitration rules -lrb- or 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 consumer arbitration rules -rrb- .
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for more information , see www.adr.org or call 1-800-778-7879 .
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to start an arbitration , submit the form available at http://go.microsoft.com/fwlink/?linkid=245497 to the aaa and mail a copy to us .
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in a dispute involving $ 25,000 or less , any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead .
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any in-person hearing will take place in your county of residence -lrb- or if a business your principal place of business -rrb- or our principal place of business -- king county , washington if your dispute is with microsoft .
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the arbitrator may award the same damages to you individually as a court could .
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the arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim .
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e. arbitration fees and payments .
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i. disputes involving $ 75,000 or less .
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we will promptly reimburse your filing fees and pay the aaa 's and arbitrator 's fees and expenses .
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if you reject our last written settlement offer made before the arbitrator was appointed , your dispute goes all the way to an arbitrator 's decision -lrb- called an `` award '' -rrb- , and the arbitrator awards you more than this last written offer , we will : -lrb- i -rrb- pay the greater of the award or $ 1,000 ; -lrb- ii -rrb- pay your reasonable attorney 's fees , if any ; and -lrb- iii -rrb- reimburse any expenses -lrb- including expert witness fees and costs -rrb- that your attorney reasonably accrues for investigating , preparing , and pursuing your claim in arbitration .
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disputes involving more than $ 75,000 .
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the aaa rules will govern payment of filing fees and the aaa 's and arbitrator 's fees and expenses .
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f. conflict with aaa rules .
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these terms govern to the extent they conflict with the aaa 's commercial arbitration rules or consumer arbitration rules .
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g. must file within one year .
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you and we must file in small claims court or arbitration any claim or dispute -lrb- except intellectual property disputes -- see section 15 -lrb- a -rrb- -rrb- within one year from when it first could be filed .
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otherwise , it 's permanently barred .
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h. rejecting future arbitration changes .
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you may reject any change we make to section 15 -lrb- except address changes -rrb- by sending us notice within 30 days of the change by u.s. mail to the address in section 15 -lrb- b -rrb- .
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if you do , the most recent version of section 15 before the change you rejected will apply .
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if the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute , then those parts wo n't be arbitrated but will proceed in court , with the rest proceeding in arbitration .
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if any other provision of section 15 is found to be illegal or unenforceable , that provision will be severed but the rest of section 15 still applies .
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j. mobile phone carrier as third-party beneficiary .
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if you use skype pay by mobile , your mobile phone carrier is a third-party beneficiary of your agreement with microsoft and skype to resolve disputes through informal negotiation and arbitration .
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your mobile phone carrier agrees to do everything microsoft and skype agree to do in section 15 .
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this section , and sections 1 , 9 -lrb- for amounts incurred before the end of these terms -rrb- , 10 , 11 , 12 , 13 , 15 , and those that by their terms apply after the terms end will survive any termination or cancellation of these terms .
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we may assign these terms , in whole or in part , at any time without notice to you .
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you may not assign your rights or obligations under these terms or transfer any rights to use the services .
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this is the entire agreement between you and microsoft for your use of the services .
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it supersedes any prior agreements between you and microsoft regarding your use of the services .
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all parts of these terms apply to the maximum extent permitted by relevant law .
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if a court or arbitrator holds that we ca n't enforce a part of these terms as written , we may replace those terms with similar terms to the extent enforceable under the relevant law , but the rest of these terms wo n't change .
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section 15 -lrb- i -rrb- says what happens if parts of section 15 -lrb- arbitration and class action waiver -rrb- are found to be illegal or unenforceable .
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section 15 -lrb- i -rrb- prevails over this section if inconsistent with it .
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except for section 15 -lrb- arbitration and class action waiver -rrb- these terms are solely for your and our benefit ; they are n't for the benefit of any other person , except for microsoft 's successors and assigns .
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you must comply with all domestic and international export laws and regulations that apply to the software and/or services , which include restrictions on destinations , end users , and end use .
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for further information on geographic and export restrictions , visit http://go.microsoft.com/fwlink/?linkid=141397 and http://www.microsoft.com/exporting .
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microsoft does not consider or accept unsolicited proposals or ideas , including without limitation ideas for new products , technologies , promotions , product names , product feedback and product improvements -lrb- `` unsolicited feedback '' -rrb- .
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if you send any unsolicited feedback to microsoft through the services or otherwise , you acknowledge and agree that microsoft shall not be under any obligation of confidentiality with respect to the unsolicited feedback .
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notices and procedure for making claims of intellectual property infringement .
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microsoft respects the intellectual property rights of third parties .
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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 .
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all inquiries not relevant to this procedure will not receive a response .
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microsoft uses the processes set out in title 17 , united states code , section 512 to respond to notices of copyright infringement .
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in appropriate circumstances , microsoft may also disable or terminate accounts of users of microsoft services who may be repeat infringers .
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notices and procedures regarding intellectual property concerns in advertising .
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please review our intellectual property guidelines regarding intellectual property concerns on our advertising network .
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the services are copyright © 2016 microsoft corporation and/or its suppliers , one microsoft way , redmond , wa 98052 , u.s.a. all rights reserved .
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microsoft and the names , logos , and icons of all microsoft products , software , and services may be either trademarks or registered trademarks of microsoft in the united states and/or other countries .
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the names of actual companies and products may be the trademarks of their respective owners .
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any rights not expressly granted in these terms are reserved .
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certain software used in certain microsoft website servers is based in part on the work of the independent jpeg group .
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copyright © 1991-1996 thomas g. lane .
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`` gnuplot '' software used in certain microsoft website servers is copyright © 1986-1993 thomas williams , colin kelley .
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microsoft does not provide medical or any other health care advice , diagnosis , or treatment .
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always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition , diet , fitness , or wellness program .
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never disregard professional medical advice or delay in seeking it because of information you accessed on or through the services .
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stock quotes and index data -lrb- including index values -rrb- .
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© 2013 morningstar , inc. .
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the information contained herein : -lrb- 1 -rrb- is proprietary to morningstar and/or its content providers ; -lrb- 2 -rrb- may not be copied or distributed ; and -lrb- 3 -rrb- is not warranted to be accurate , complete or timely .
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neither morningstar nor its content providers are responsible for any damages or losses arising from any use of this information .
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past performance is no guarantee of future results .
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you may not use any of the dow jones indexessm , index data , or the dow jones marks in connection with the issuance , creation , sponsorship , trading , marketing , or promotion of any financial instruments or investment products -lrb- for example , derivatives , structured products , investment funds , exchange-traded funds , investment portfolios , etc. , where the price , return and/or performance of the instrument or investment product is based on , related to , or intended to track any of the indexes or a proxy for any of the indexes -rrb- without a separate written agreement with dow jones .
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microsoft is n't a broker/dealer or registered investment advisor under united states federal securities law or securities laws of other jurisdictions and does n't advise individuals as to the advisability of investing in , purchasing , or selling securities or other financial products or services .
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nothing contained in the services is an offer or solicitation to buy or sell any security .
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neither microsoft nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services .
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nothing in the services is intended to be professional advice , including but not limited to , investment or tax advice .
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notice about the h. 264/avc , mpeg-4 visual , and vc-1 video standards .
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the software may include h. 264/avc , mpeg-4 visual and/or vc-1 codec technology that may be licensed by mpeg la , l.l.c. .
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this technology is a format for data compression of video information .
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mpeg la , l.l.c. requires this notice :
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this product is licensed under the h. 264/avc , mpeg-4 visual , and the vc-1 patent portfolio licenses for the personal and noncommercial use of a consumer to -lrb- a -rrb- encode video in compliance with the standards -lrb- `` video standards '' -rrb- and/or -lrb- b -rrb- decode h. 264/avc , mpeg-4 visual , and vc-1 video that was encoded by a consumer engaged in a personal and noncommercial activity and/or was obtained from a video provider licensed to provide such video .
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none of the licenses extend to any other product regardless of whether such product is included with this software in a single article .
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no license is granted or shall be implied for any other use .
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additional information may be obtained from mpeg la , l.l.c. see the mpeg la website .
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for clarification purposes only , this notice does not limit or inhibit the use of the software provided under these terms for normal business uses that are personal to that business which do not include -lrb- i -rrb- redistribution of the software to third parties , or -lrb- ii -rrb- creation of material with the video standards compliant technologies for distribution to third parties .
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these license terms are an agreement between you and the application publisher .
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they apply to the software applications you download from the windows store or the xbox store , including any updates or supplements for the application , unless the application comes with separate terms , in which case those terms apply .
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by downloading or using the application , or attempting to do any of these , you accept these terms .
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if you do not accept them , you have no right to and must not download or use the application .
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the application publisher means the entity licensing the application to you , as identified in the windows store or xbox store .
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if you comply with these license terms , you have the rights below .
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installation and use rights ; expiration .
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for applications you download from the windows store : -lrb- a -rrb- you may install and use the application on a windows device or devices that are affiliated with the microsoft account that you use to access the windows store ; and -lrb- b -rrb- the device limit for the application is displayed in the store or , for some applications downloaded on the xbox console , in our usage rules .
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for applications you download from the xbox store , you may install and use the application on xbox consoles as described in our usage rules .
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microsoft reserves the right to modify our usage rules at any time .
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