HealthVault Information Site Service Agreement

Last updated: June 2008

1. What the Service Agreement covers.

This is a Service Agreement between you and Microsoft for use by residents in the United States. Sometimes Microsoft is referred to as “we,” “us” or “our.” This Service Agreement applies to the HealthVault information site at www.healthvault.com, which is referred to in this Service Agreement as the “Service.” These terms do not apply to the Microsoft HealthVault Account or to other programs or device drivers that work with the HealthVault Account. Those have separate agreements. This applies to your use of the Service including updates that you use while this Service Agreement is in force.

Please note that we do not provide warranties for the Service. The Service Agreement also limits our liability. The terms are in sections 8 and 9, and we ask you to read them carefully.

2. How you may use the Service.

In using the Service, you will:

  • obey the law;
  • obey any codes of conduct or other notices we provide;
  • obey the Microsoft Anti-Spam Policy;
  • keep your Service account password secret; and
  • promptly notify us if you learn of a security breach related to the Service.

3. How you may not use the Service.

In using the Service, you may not:

  • use the Service in a way that harms us or our affiliates, resellers, distributors, and/or vendors (collectively, the “Microsoft parties”), or any customer of a Microsoft party;
  • use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages (“spam”);
  • use any unauthorized third party software or service to access the Microsoft instant messaging network (currently known as the .NET Messenger service);
  • use any automated process or service (such as a BOT, a spider, periodic caching of information stored by Microsoft, or “meta-searching”) to access and/or use the Service;
  • use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service;
  • damage, disable, overburden, or impair the Service (or the network(s) connected to the Service) or interfere with anyone’s use and enjoyment of the Service; or
  • resell or redistribute the Service, or any part of the Service.

4. Privacy.

We consider your use of the Service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this Service Agreement; including use of this Service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of Microsoft, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.

We may use technology or other means to protect the Service, protect our customers, or stop you from breaching this Service Agreement. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break 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. This data will not personally identify you. You may read about this information collection in more detail in the HealthVault Information Site Privacy Statement.

5. Software.

You will not disassemble, decompile, or reverse engineer any software included in the Service, except and only to the extent that the law expressly permits this activity. The software is subject to United States 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 Microsoft's Exporting Website.

6. Microsoft authentication network.

We may provide you with credentials on our authentication network to use with the Service. You are solely responsible for any dealings with third parties (including advertisers) who use our authentication network, including providing such parties any information and the delivery of and payment for goods and services. This Service Agreement applies to you whenever you use the credentials you obtained with the Service. When you use our authentication network to gain access to any site, the terms and conditions for that site, if different from this Service Agreement, may also apply to you in your use of that site. Please refer to the terms of use for each site that you visit. We may cancel or suspend your access to our authentication network for inactivity, which we define as failing to sign in to our authentication network for an extended period, as determined by us. If we cancel your credentials, your right to use our authentication network immediately ceases.

7. How we may change the Service Agreement.

We may change this Service Agreement in our discretion by posting new applicable terms and conditions. If you do not agree to the changes, then you must stop using the Service. If you do not stop using the Service, then your use of the Service will continue under the changed Service Agreement.

8. WE MAKE NO WARRANTY.

We provide the Service “as-is,” “with all faults” and “as available.” We do not guarantee the accuracy or timeliness of information available from the Service. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this Service Agreement cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

9. LIABILITY LIMITATION.

You can recover from Microsoft only direct damages up to an amount you pay Microsoft for this Service. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

This limitation applies to anything related to:

  • the Service,
  • content (including code) on third party Internet sites, third party programs or third party conduct,
  • viruses or other disabling features that affect your access to or use of the Service,
  • incompatibility between the Service and other services, software and hardware,
  • delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the Service in an accurate or timely manner, and
  • claims for breach of this Service Agreement, breach of warranty, guarantee or condition, strict liability, negligence, or other tort.

It also applies even if:

  • this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
  • Microsoft knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

10. Changes to the Service; If we cancel the Service.

We may change the Service or delete features at any time and for any reason. We may cancel or suspend your Service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon Service cancellation, your right to use the Service stops right away.

11. Interpreting the Service Agreement.

All parts of this Service Agreement apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this Service Agreement as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this Service Agreement will not change. This is the entire Service Agreement between you and us regarding your use of the Service. It supersedes any prior Service Agreement or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the Service Agreement do not limit the other terms of this Service Agreement.

12. Assignment: No third-party beneficiaries.

We may assign this Service Agreement, in whole or in part, at any time with or without notice to you. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service. This Service Agreement is solely for your benefit and ours. It is not for the benefit of any other person.

13. Claim must be filed within one year; Your notices to us.

Any claim related to this Service Agreement or the Service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns. You may notify us as stated in the customer support or “Help” area for the Service. We do not accept e-mail notices.

14. Notices we send you; Consent regarding electronic information.

This Service Agreement is in electronic form. There may be information regarding the Service that the law requires us to send you. We may send you this information in electronic form. We may provide required information to you:

  • by e-mail at the e-mail address you specified when you signed up for your Service;
  • by access to a Microsoft web site that will be designated in an e-mail notice sent to you at the time the information is available; or
  • by access to a Microsoft web site that will be generally designated in advance for this purpose.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.

15. Service Agreement party, choice of law and location for resolving disputes.

This Service Agreement is between you and Microsoft in the United States. The Service Agreement is with Microsoft Corporation, One Microsoft Way, Redmond, WA 98052, United States. Washington state law governs the interpretation of this Service Agreement and applies 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 your state of residence in the United States. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, USA for all disputes arising out of or relating to this Service Agreement.

NOTICES

Notices and procedure for making claims of copyright infringement

Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service provider's designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

Copyright and trademark notices

All contents of the Service are Copyright © 2007 Microsoft Corporation and/or its suppliers, One Microsoft Way, Redmond, Washington 98052-6399 U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. Microsoft, HealthVault, Windows, Windows Live, Windows logo, MSN, MSN logo (butterfly), and/or other Microsoft products and services referenced herein may also be either trademarks or registered trademarks of Microsoft in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. Certain software used in certain Microsoft web sites 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.

Potentially unwanted software

If you remove or disable “spyware,” “adware” and other potentially unwanted software (“potentially unwanted software”), it may cause other software on your computer to stop working, and it may cause you to breach a license to use other software on your computer (such as where the other software installed the potentially unwanted software on your computer as a condition of your use of the other software). By using features of the Service intended to help you remove or disable potentially unwanted software, it is possible that you will also remove or disable software that is not potentially unwanted software. If a feature of the Service prompts you before removing or disabling potentially unwanted software, you are solely responsible for selecting which potentially unwanted software the Service removes or disables. Before authorizing the removal of any potentially unwanted software, you should read the license agreements for the potentially unwanted software.

Parental controls

Microsoft offers parental control protections that help you limit access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at www.staysafe.org or other similar sites providing information on parental control protections.

Windows supplemental code

PLEASE NOTE: Microsoft Corporation (or, based on where you live, one of its affiliates) licenses this supplement to you. You may use a copy of this supplement with each validly licensed copy of Microsoft Windows software identified for use with it (the "software"). You may not use it if you do not have a license for the software. The license terms for the software apply to your use of this supplement. This supplement is covered by the Microsoft Online Privacy Statement.

Respect copyright

Please respect the rights of artists and creators. Content such as music, photos and video may be protected by copyright. People appearing in content may have a right to control use of their image. You may not share other people’s content unless you own the rights or have permission from the owner.

Support

Customer support is not offered for the Service, unless the materials we publish in connection with a particular Service specify that it includes customer support.