Microsoft Store Terms of Sale

United States and Canada Consumer Store

Updated August 2022

If you are an individual living in the United States or if you are a business whose principal place of business is in the United States, please read the binding arbitration clause and class action waiver in Section 27. It affects how disputes are resolved.

Welcome to Microsoft Store, Microsoft’s online store operated in the United States by Microsoft Corporation, located at One Microsoft Way, Redmond, WA 98052, USA, and in Canada by Microsoft Canada Inc., located at 1950 Meadowvale Blvd., Mississauga, ON L5N 8L9, Canada. References in these Terms of Sale to "Microsoft," "We," "Us," or "Our" refer to (a) Microsoft Corporation if you are located in (or your principal place of business is located in) the United States or any country other than Canada at the time you accept these Terms of Sale, or (b) Microsoft Canada, Inc. if you are located in (or your principal place of business is located in) Canada at the time you accept these Terms of Sale.

"Store" refers to our Microsoft websites accessible through Microsoft Store, Office Store, Xbox Store, and Windows Store that allow you to browse, view, acquire, purchase, and rate and review products and services and digital content, including Movies, TV shows, applications, games, and other digital goods (collectively, “Digital Content”), devices, game consoles, and more (together with Digital Content, collectively, “Products”). Through the Store, Microsoft also provides access to a variety of resources, including download areas, software, tools, and information about software, services, and other items (collectively "Services"). These Terms of Sale ("Terms of Sale") govern your use of the Store and other Microsoft services referred to in these Terms of Sale, as well as purchases you make through the Store. Some Products and Services offered in the Store are offered by sellers other than Microsoft. By using the Store or any Service available through the Store, or by purchasing a Product through the Store, you accept and agree to these Terms of Sale, Microsoft's Privacy Statement (see the Privacy and Protection of Personal Information section below), and applicable terms and conditions, policies, or disclaimers found in the Store or referenced in these Terms of Sale (collectively the "Store Policies").

Please read all Store Policies carefully. You may not use the Store if you do not agree to the Store Policies.

Microsoft may update or amend Store Policies without notice and at any time. See Section 19.

Terms Relating to Your Use of the Store

1. Member Account. You will ensure that all account information you provide to us is current, complete, and accurate. We may require you to accept a service agreement or separate terms of use as a condition of opening an account. Your use of the account to access the Store and any content you acquire from the Store is subject to all terms that govern your Microsoft account that were presented to you when you opened the account. For more information, please see the Microsoft Services Agreement (United States) and Microsoft Services Agreement (Canada) you are responsible for keeping your account information and password confidential and for all activity that occurs under your account.

2. No Unlawful or Prohibited Use. You will not use the Store for any purpose that is unlawful or prohibited by these Terms of Sale, the Store Policies, or any other terms that apply to your use of the Store. You may not use the Store in any manner that could damage, disable, overburden, or impair any Microsoft server, or the network(s) connected to any Microsoft server, or interfere with any other party's use and enjoyment of the Store. You may not attempt to gain unauthorized access to the Store, other accounts, computer systems, or networks connected to any Microsoft server or to the Store, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store. You may not use the Store in a way that infringes rights of third parties, including willfully harming a person or entity, including Microsoft. You may not commercially distribute, publish, license, or sell any product, information, or Services obtained through the Store.

3. Materials You Provide to Microsoft or Post in the Store. Microsoft does not claim ownership of the content you provide to Microsoft or post, upload, input, or submit through the Store (such as feedback, ratings, reviews and suggestions) or associated Microsoft services for review by others (each a "Submission" and collectively "Submissions"). However, you grant Microsoft a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and sublicensable right to use, modify, adapt, reproduce, create derivative works from, translate, edit, perform, distribute, and display your Submissions, including your name, in any media. If you publish a Submission in an area of the Store where it is available broadly online without restrictions, your Submission may appear in demonstrations or materials that promote the Store and/or the Products, Services or content offered through the Store. You warrant and represent that you have (and will have) all of the rights necessary to make any Submission you provide and to grant these rights to Microsoft, on a worldwide basis and for the duration of these rights.

Microsoft has no obligation to compensate you for use of your Submission. Microsoft is under no obligation to post or use any Submission and Microsoft may remove any Submission at any time and in its sole discretion. Microsoft takes no responsibility and assumes no liability for your Submissions or the content others post, upload, input, or submit using the Store.

If you rate or review an application in the Store, you may receive an email from Microsoft that contains content from the publisher of the application.

4. Links to Third-Party Websites. The Store may include links to third-party websites that let you leave the Store. These linked sites are not under the control of Microsoft and Microsoft is not responsible for the content of any linked site or any link contained in a linked site. Microsoft is providing these links only as a convenience, and the inclusion of any link does not imply endorsement by Microsoft of the site. Your use of the third-party website may be subject to that third party’s terms and conditions and/or privacy policies and you should read these carefully before agreeing to them.

Terms Relating to the Sale of Products to You

5. Geographic Availability. Available Products and Services may vary depending on your region or device. In addition, there may be limits on where we can ship Products or provide Services or Digital Content. To complete your purchase, you may be required to have a valid billing and shipping address within the country or region of the Store where you are purchasing.

6. End Users Only. Products and Services available through the Store are for purchase by and use of end users only and are not available for purchase or use by resellers.

7. Export Limitations. Products and Services may be subject to customs and export control laws and regulations. You will comply with all applicable international and national laws and regulations.

8. Billing. By providing Microsoft with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize Microsoft to charge you for any Products or Services you purchase; and (iii) authorize Microsoft to charge you for any paid feature of the Store that you choose to sign up for or use. You will promptly update your account whenever there is a change to your account information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) subject to applicable law (which for consumers may include the Province of Quebec), on a recurring basis for subscriptions. Also, for Microsoft Subscription Services and Third-Party Subscription Services billed through Microsoft, we may charge you up to the amount you have approved, and we will notify you in advance and in accordance with the terms of your subscription of any change in the amount to be charged for recurring subscriptions. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed. For more information about recurring billing for Microsoft Subscription Services and Third-Party Subscription Services billed through Microsoft, see Section 9.

9. Subscription-Based Products and Services; Recurring Billing; Automatic Renewal.

Microsoft Subscription Services. If you acquired a Product or Service through Microsoft Store and it is listed as one of the Covered Services in the Microsoft Services Agreement for U.S. or Canada (“Microsoft Subscription Service”), the terms and conditions related to your subscription and recurring billing set forth in the Microsoft Services Agreement (United States) and Microsoft Services Agreement (Canada) apply. To manage your Microsoft Subscription Service, go to Microsoft Subscription Service. To manage Microsoft Subscription Services for Xbox (such as Xbox Live Gold and Xbox Game Pass), go to Microsoft Subscription Services for Xbox.

Third-Party Subscription Services Billed Through Microsoft. If you acquired any other Product or Service through Microsoft Store that is subscription-based and for which recurring billing is administered by Microsoft, the following terms and conditions in this Section 9 of these Terms of Sale apply: Subject to applicable law (which for consumers may include the Province of Quebec), when you make a purchase on a subscription basis (e.g., weekly, monthly, every 3 months, or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Microsoft by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by Microsoft or otherwise in accordance with its terms. By authorizing recurring payments, you authorize Microsoft to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Microsoft or its service providers reserve the right to collect any applicable return item, rejection or other fees as permitted by applicable law.

If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. Subject to applicable law (which for consumers may include the Province of Quebec), if you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the product or service.

Provided that automatic renewals are allowed in your country, region, province/territory, or state, you may choose for certain Products or Services to automatically renew at the end of a fixed service period. If you elect to automatically renew your Product or Service, we may automatically renew the term of the Product or Service at the end of the current service period and charge you the then-current price for the renewal term, unless you choose to cancel the Product or Service as described below. We will bill your chosen payment method for the renewal, whether it was on file on the renewal date or provided later. You may cancel the Product or Service prior to the renewal date to avoid being billed for the renewal. If you cancel an automatic renewal Product after the renewal date, we will fulfill the Product or Service through the end of the renewal term, and you will not be automatically charged again for that Product or Service. For more information about how to cancel a subscription billed through Microsoft, please go to Microsoft Subscription Service. We will notify you in advance and in accordance with the terms of your subscription of any change in the amount to be charged for recurring subscriptions.

Third-Party Subscription Services Not Billed Through Microsoft. If you acquired any Product or Service through the Microsoft Store or otherwise using your Microsoft Account that is subscription-based and for which recurring billing is not administered by Microsoft, please see the terms and conditions presented to you by the applicable developer or provider that administers the recurring billing for that Product or Service.

10. Product Availability and Quantity and Order Limits. Product prices and availability are subject to change at any time and without notice. Microsoft may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. If the Products that you order are unavailable, we may contact you to offer you an alternative. If you do not choose to purchase the alternative Product, we will cancel your order.

Microsoft reserves the right to refuse, reject, cancel, terminate or not to process any order (including accepted orders) at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered Products are not available, where the price or other material information on the Store is inaccurate or for other errors. In the event of pricing or other errors, we may, in our discretion, either (a) cancel your order or purchase or (b) contact you for instructions. In the event of cancellation, your access to any associated Digital Content will be disabled.

We may disable access to Digital Content associated with your account for any reason. We may also remove or disable Digital Content on your device in order to protect the Store or potentially affected parties. Some Digital Content may be unavailable from time to time or may be offered for a limited time. Availability can be affected by region. Thus, if you change your account or device profile information to another region, you may not be able to re-download or re-stream Digital Content that you purchased; you may need to re-purchase Digital Content that you paid for in your previous region. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any Digital Content you purchase.

11. Updates. If applicable, Microsoft will automatically check for and download updates to your applications, even if you’re not signed into the Store. You can change your settings if you prefer not to receive automatic updates to Store apps. However, certain Office Store apps that are entirely or partly hosted online may be updated at any time by the app developer and may not require your permission to update. Some other apps may not be accessible until you accept an update. If you choose not to download or install updates, your applications may no longer be available, supported, or have previous functionality.

12. Software Licenses and Use Rights. Software and other Digital Content made available to you through the Store is licensed, not sold, to you. Applications downloaded directly from the Store are subject to the Standard Application License Terms ("SALT") unless different license terms are provided with the application. (Applications downloaded from the Office Store are not governed by the SALT and have separate license terms.)

Digital Content obtained through the Store is subject to the Usage Rules for Digital Goods. You understand and acknowledge that your rights with respect to Digital Content are limited by these Terms of Sale, copyright law and the Usage Rules for Digital Goods. Software licenses purchased through the Store are subject to the license agreement that accompanies the software, and you will be required to agree to the license agreement when you purchase, download, or install the software. Any reproduction or redistribution of Digital Content not in accordance with the relevant license terms, usage rules, and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk prosecution to the maximum extent of the law.

Please contact Microsoft Store support if you would like a copy of the applicable license agreement or warranty for boxed software, at no cost, before you open any software packaging.

Other Terms and Conditions. In addition to software and other downloadable Products or Digital Content, Microsoft may offer to you other Products and Services available in the Store, subject to separate end user license agreements, terms of use, terms of service, or other terms and conditions. If you purchase, install, or use those Products or Services, you may be required to also accept those terms as a condition of purchase, installation, or use.

For your convenience, Microsoft may make available as part of the Store or in its software or Products, Services, tools, and utilities for use and/or download that are not part of the products sold. Except where prohibited by applicable law (which for consumers may include the province of Quebec), Microsoft disclaims all representations, warranties, conditions, and assurances with regard to the accuracy of the results or output from any such Services, tools, or utilities.

Please respect the intellectual property rights of others when using the tools and utilities made available through the Store, or in any Product.

13. Codes for Software and Content Downloads. Certain Digital Content is delivered to you through a download link available in your Microsoft account associated with your purchase. Subject to the paragraph below, we usually store the download link and related digital key for these purchases in your Microsoft account for 3 years following the purchase date, but do not promise to store them for any particular length of time. For subscription Products that are delivered through a download link, different terms and storage rights may apply, which you will be able to review and agree to at the time you purchase your subscription.

We may cancel or modify our digital key storage program at any time. You also agree that we may stop supporting the storage of keys for one or more Products at any time and for any reason, including, by way of example, at the end of the Product support life cycle, after which you will no longer have access to the download link or digital key. If we cancel or modify our program such that you will no longer have access to the download link or digital key(s) in your account, we will provide at least 90 days’ advance notice to you using the contact information for the related Microsoft account.

14. Pricing.
The Store does not have a price-match guarantee that provides for matching the advertised price other retailers offer for the same items. However, if we lower our price on a device Product within 30 days of your purchase, we will honor the lower price. If you notice that we have lowered a price on a device you recently purchased, please contact Sales and Support and we’ll gladly issue a refund or credit for the difference (if you paid with a credit card, you’ll need to use the same card). You must contact Microsoft within 30 days of the price change to receive the refund or credit. Price reductions/adjustments are not available for clearance items and limited-time price reductions associated with promotions and/or special sale events including Thanksgiving Day, Black Friday, Cyber Monday, or Cyber Week. We may offer an option to pre-order some Products before their availability date. To learn more about our pre-order policies, please see our Pre-Orders page.

Unless stated otherwise, prices shown in the Store exclude taxes or charges ("Taxes") that may apply to your purchase. Prices shown in the Store also exclude delivery costs. Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page. You are solely responsible for paying such Taxes and costs.

Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for conversion or processing services when you use a credit or debit card. Please contact your bank for details.

15. Return Policy.

Eligible Products. We will accept returns and exchanges for eligible products for 30 days from the date of purchase or download, as applicable. Any product you purchase or download that is not listed below as ineligible, or subject to separate return policies or terms, will be considered an eligible product for purposes of this Section 15. Simply return the eligible Product in like new condition and in its original packaging, along with all parts, components, instruction manuals, and documentation that were initially included. This Return Policy does not affect any statutory rights that may apply to your purchase.

Packaged software and packaged games must be returned with their seal intact and must include all media and product keys. As a limited exception, software and game packages that have been opened may be returned during the return period if you are unsatisfied with the license agreement or warranty, but only if you do not make or retain any copies.

Even if you return a Product, including packaged software or packaged games, these Terms of Sale will still apply to the time between your purchase or download, as applicable, and return.

When you make a qualifying return, we will credit the full amount you paid, less the original shipping and handling charges (if any) except we won’t deduct those charges for returns because you are unsatisfied with the license agreement or warranty, and you will typically receive your refund in approximately 3-5 business days. Any refunds will be applied to the same account, and using the same method of payment, used to place the order (unless you choose a Store credit in the amount of the refund).

For complete details on how to return eligible Products, see our Returns and Refunds page.

Ineligible Products. Some Products are not eligible for return or refund; unless otherwise provided by law or by a particular offer, all purchases of these types of Products are final and non-refundable. Products ineligible for return and refund include, but are not limited to, the following:

Digital apps, games, in-app content, in-app subscriptions, movies, TV shows, and associated content except Digital Game Products and Microsoft Subscription Services (which are subject to the return policies below);
Third-Party subscription services billed through Microsoft (which are subject to the return policy below);
gift cards and service/subscription cards (e.g., Skype, Xbox Live);
products that have been personalized or customized;
special order products, if not part of a Store promotional offering;
random access memory ("RAM") products;
services that have been performed or consumed; and
clearance items or those marked with a designation such as "Final Sale" or "Non-Returnable".

Request a Refund on Digital Games. For information on how to request a refund for digital games, Xbox apps (excluding movies and tv apps), digital gaming bundle offers, and digital durable and consumable games, such as games season passes, virtual currency, and microtransactions, whether made available through the Xbox console device or on your PC (collectively “Digital Game Products”), see our Request a Refund page. https://support.xbox.com/en-US/help/subscriptions-billing/buy-games-apps/refund-orders

Microsoft Subscription Services Refund Policy. For complete details on refunds for Microsoft Subscription Services, see Section 9.

Third-Party Subscriptions Billed Through Microsoft. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. For more information about third party subscriptions, please go to the return policies page.

16. Payments to You. If we owe you a payment, you will timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. To the extent permitted by applicable law, you must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You will cooperate with us in our efforts to do this. We may also reduce a payment to you without notice to adjust for any previous overpayment.

17. Gift Cards and Skype Credit Vouchers

Redemption and use of other Microsoft gift cards are governed by the Microsoft Gift Card Terms and Conditions

Information on how to redeem Skype credit vouchers is available on Skype’s Support page under ‘How do I redeem my Skype voucher’ here: How do I use Skype vouchers and prepaid cards? | Skype Support.

18. Customer Service. Please visit our Microsoft Store Support page for more information about customer service options: Contact Microsoft Store Support.

GENERAL TERMS

19. Changing Terms. Microsoft may change the Terms of Sale at any time and without notice to you. The Terms of Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Before your next purchase, Microsoft may have changed the Terms of Sale without notice to you. Please review the Terms of Sale each time you visit the Store. We recommend that you save or print a copy of the Terms of Sale for future reference when you purchase a Product.

20. Age Limitations. You acknowledge that you are authorized to place an order and to perform any other legal acts required of you under these Terms of Sale. Age limits may apply to your use of the Store, including purchases.

21. Privacy and Protection of Personal Information. Your privacy is important to us. We use certain information that we collect from you to operate and provide the Store. Please read the Microsoft Privacy Statement as it describes the types of data we collect from you and your devices ("Data") and how we use your Data. The Privacy Statement also describes how Microsoft uses your communications with others; postings or feedback submitted by you to Microsoft via the Store; and the files, photos, documents, audio, digital works, and videos that you upload, store, or share on your devices or through the Store ("Your Content"). By using the Store, you expressly consent to Microsoft’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement.

22. Product Display and Colors. Microsoft attempts to display product colors and images accurately but we cannot guarantee that the color you see on your device screen or monitor will exactly match a Product’s color.

23. Errors in Store Presentation. We work hard to publish information accurately, update the Store regularly, and correct errors when discovered. However, any of the content in the Store may be incorrect or out of date at any given time. We reserve the right to make changes to the Store at any time, including to product prices, specifications, offers and availability.

24. Termination of Use or Access. Microsoft may terminate your account or use of the Store at any time for any reason, including, without limitation, if you are in breach of these Terms of Sale or the Store Policies, or if the Store is no longer operated by Microsoft. By using the Store, you agree to be responsible (in accordance with these terms) for any orders you make or charges you incur prior to such termination. Microsoft may change, discontinue, or otherwise suspend the Store at any time, for any reason, and without prior notice to you.

25. Warranties and Limitation of Remedies. Except where prohibited by your applicable local law (which for consumers may include the province of Quebec), Microsoft and its suppliers, distributors, resellers, and content providers disclaim all express and implied warranties, guarantees, and conditions, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, title, or non-infringement. Products or Services sold or available through the Store are warranted, if at all, only under any license agreements or manufacturer’s warranties that accompany them. Except as provided under an accompanying license agreement or manufacturer’s warranty:

Your purchase and use are at your own risk;
We provide Products and Services "as is," "with all faults," and "as available";
You assume the entire risk as to their quality and performance; and
Should they prove defective, you assume the entire cost of all necessary servicing or repair.

Microsoft doesn't guarantee the accuracy or timeliness of information available from the Store or Services. You acknowledge that computer and telecommunications systems are not fault-free and occasional downtime occurs. We do not warrant that access to the Store or Services will be uninterrupted, timely, secure, or error-free, or that content loss won’t occur.

If, despite these Terms of Sale, you have any basis for recovering damages arising out of or relating to the Store (including the Services), or any Product offered, your exclusive remedy is to recover from Microsoft or its suppliers, resellers, distributors, and content providers direct total damages up to (1) the price or fee for one month of any Service, subscription, or similar fee (not including the purchase price for hardware, software, support, or extended warranties), or (2) if you live in (or are a business with your principal place of business in) the United States, US $100.00 if there was no Service, subscription, or similar fee, or (3) if you live in (or are a business with your principal place of business in) Canada, CDN $100 if there was no Service, subscription, or similar fee.

You may have certain rights under your local law. Nothing in this contract is intended to affect those rights, if they apply.

26. Limitation of Liability. You agree that you can't recover any other damages or losses, including consequential, special, indirect, incidental, or punitive damages, or lost profits. The limitations and exclusions in Sections 25 and 26 apply even if you incur damages and even if we knew or should have known about the possibility of the damages. Some states or provinces/territories (which for consumers may include the province of Quebec) do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

To the maximum extent permitted by law, these limitations and exclusions apply to all claims, under any legal theory, related to the Store (including the Services), these Terms of Sale, or any Product offered, including loss of content, any virus or malware affecting your use of the Store or any Product or Service available through the Store; and delays or failures in starting or completing transmissions or transactions.

27. Binding Arbitration and Class Action Waiver If You Live In (or, If a Business, Your Principal Place of Business Is In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days, upon receipt of a Notice of Dispute, to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide, and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes Microsoft and Microsoft’s affiliates.

a. Disputes Covered—Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Store (including the Products and Services), any advertising, marketing, or communications, any Products or Services offered or sold, any purchase transactions or billing, or these Terms of Sale or Store Policies, 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.

b. Send a Notice of Dispute Before Arbitration. If you have a dispute that our customer service representatives can’t resolve and you wish to pursue arbitration, you must first send an individualized Notice of Dispute to Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399, U.S.A., or submit the form electronically. The Notice of Dispute form is available at https://go.microsoft.com/fwlink/?LinkId=245499. Complete that form in full, with all the information it requires. We’ll do the same if we have a dispute with you. The Notice of Dispute is a prerequisite to initiating any arbitration. Any applicable statute of limitations will be tolled from the date of a properly submitted individualized Notice of Dispute through the first date on which an arbitration may properly be filed under this Section 27.

c. Small Claims Court Option. Instead of sending a Notice of Dispute, either you or we may sue the other party in small claims court seeking only individualized relief, so long as the action meets the small claims court’s requirements and remains an individual action seeking individualized relief. The small claims court must be in your county of residence (or, if a business, your principal place of business).

d. Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Store or Services for personal or household use, or if the value of the dispute is less than $75,000 whether or not you are an individual or how you use the Store or Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. Section 27 and these Terms of Sale govern to the extent they conflict with any applicable AAA rules. To initiate an arbitration, submit the Demand for Arbitration form available at http://go.microsoft.com/fwlink/?LinkId=245497 to the AAA and mail a copy to us. The form must contain information that is specific to you and your claim. In a dispute involving $25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business). 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, but not relief that would affect non-parties.

The arbitrator rules on all issues except that a court has exclusive authority: (i) to decide arbitrability, as well as formation, existence, scope, validity, and enforceability of this arbitration agreement; (ii) to decide whether the parties have complied with the pre-arbitration requirements (including the individualized Notice of Dispute and Demand for Arbitration forms); (iii) to enforce the prohibition on class, representative, private attorney-general, or combined actions or proceedings, or public injunctive relief; and (iv) to enjoin an arbitration from proceeding if it does not comply with this Section 27.

If your Notice of Dispute involves claims similar to those of at least 24 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, you and we agree that these claims will be “Related Cases.” Related Cases may only be filed in batches of up to 50 individual arbitrations at a time, and those individual arbitrations will be resolved in the following manner: (i) for the first batch, each side may select up to 25 of these Related Cases to be filed and resolved in individual arbitrations under this Section 27; (ii) none of the other Related Cases may be filed or prosecuted in arbitration until the first batch of up to 50 individual arbitrations is resolved; and (iii) if, after that first batch, the parties are unable to informally resolve the remaining Related Cases, a second batch of Related Cases may be filed, where each side may select up to 25 of the Related Cases to be resolved in individual arbitrations under this Section 27. This process of batched individual arbitrations will continue until the parties resolve all Related Cases informally or through individual arbitrations. A court has exclusive authority to enforce this paragraph, including whether it applies to a given set of claims, and to enjoin the filing or prosecution of arbitrations that do not comply with this paragraph.

e. Arbitration Fees and Payments.

i.Disputes Involving Less Than $75,000. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses if: (i) the dispute involves less than $75,000; and before initiating arbitration (ii) you complied with all pre-arbitration requirements in this Section 27, including, if applicable, the Related Cases paragraph. Otherwise, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. If, at the conclusion of the arbitration, the arbitrator awards you more than our last written offer made before the arbitrator was appointed, we will: pay you (i) the amount of the award or $1,000 (whichever is more); and; (ii) for any reasonable attorney’s fees you incurred; and any reasonable expenses (including expert witness fees and costs) that your attorney accrued in connection with your individual arbitration.

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

f. Rejecting Future Arbitration Changes. You may reject any change we make to Section 27 (except address changes) by personally signing and sending us notice within 30 days of the change by U.S. Mail to the address in Section 27.b. If you do, the most recent version of Section 27 before the change you rejected will apply.

g. Severability. If, after exhaustion of all appeals, a court finds any part of this Section 27 unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). Otherwise, if any other part of Section 27 is found to be unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins).

28. Interpreting These Terms. 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). If a court or arbitrator holds that we can’t enforce a part of these Terms of Sale as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms of Sale won’t change. Section 27.g says what happens if parts of Section 27 (arbitration and class action waiver) are found to be unenforceable. Section 27.g prevails over this section if inconsistent with it. Except for Section 27 (arbitration and class action waiver), these Terms of Sale are solely for your and our benefit; they aren’t for the benefit of any other person, except for Microsoft’s successors and assigns. Other terms may apply if you purchase products or services from other Microsoft websites.

29. Assignment. 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.

30. Notices and Communication. For customer support inquiries, please see the Sales and Support page in the Store.

31. Choice of Law and Place to Resolve Disputes.

a. If you are an individual living in the United States or are a business with your principal place of business in the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. 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 these Terms of Sale or Store Policies, the Store (including the Products and Services), any advertising, marketing, or communications, any purchase transactions or billing, or any products or services offered or sold, that are heard in court (excluding arbitration and small claims court).

b. If you live in (or are a business with your principal place of business in) Canada, the laws of the province/territory where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles. Subject to applicable law, you and we irrevocably consent to the exclusive jurisdiction and venue of the courts in the province of Ontario for all disputes arising out of or relating to these Terms of Sale or Store Policies, the Store (including the Products or Services), any advertising, marketing, or communications, any purchase transactions or billing, or any products or services offered or sold, that are heard in court.

32. Notices.

a. 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.

b. Copyright and Trademark Notices. All contents of the Store and Services are Copyright ©2021 Microsoft Corporation and/or its suppliers and Third Party providers, One Microsoft Way, Redmond, WA 98052, USA. All rights reserved. We or our suppliers and other Third Party providers own the title, copyright, and other intellectual property rights in the Store, Services and content. Microsoft and the names, logos, and icons of all Microsoft Products and Services may be either trademarks or registered trademarks of Microsoft in the United States, Canada and/or other countries. A list of Microsoft trademarks can be found at Microsoft Trademark and Brand Guidelines page. 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.

33. Safety Warning. 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. Immediately stop using and consult a doctor if you experience any of these symptoms or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.