Microsoft Medstory Terms of Use

Last Updated: February 2008

1. What the Contract Covers.

This is a contract between you and Microsoft Corporation. Sometimes Microsoft Corporation is referred to as "Microsoft," "we," "us" or "our". All of the content and services available at this site are referred to in this contract as the "service." The services that Microsoft provides to you are subject to the following Terms of Use ("TOU"). Microsoft reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Service" hypertext link located on our Web pages.

Please note that we do not provide warranties for the service. The contract also limits our liability. These terms are in sections 6 and 7, and we ask you to read them carefully.

2. Microsoft Does Not Provide Medical or Any Other Health Care Advice, Diagnosis or Treatment

The service, including the content on or accessible through the service such as text, graphics and other materials, is for informational purposes only. The services are not a substitute for professional advice on any matter, medical or otherwise. Always seek the advice of a qualified health professional on any matter that may affect your health or well-being or that of someone else. Never disregard or delay seeking professional advice because of content found in the services, in whole or in part. Health and medical information changes, often quickly, over time and Microsoft does not verify the accuracy of services. No part of the service is regulated or evaluated by the Food and Drug Administration, or any similar agency, government or otherwise. Should you or anyone else be affected by any potential health or medical emergency, call your local emergency service immediately.

Microsoft does not recommend or endorse any treatment, institution, professional, physician, product, procedure or other information that may be mentioned in the service.

3. How You May Use the Service.

The service is for your personal and non-commercial use. In using the service, you will:

• obey the law;
• obey any codes of conduct or other notices we provide;
• promptly notify us if you learn of a security breach related to the service.

Special provisions apply to your use of content from the National Library of Medicine. Click here to review those provisions.

4. 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;
• engage in, facilitate, or further unlawful conduct;
• use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam");
• use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by Microsoft, or "meta-searching");
• 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.

5. Privacy.

In order to operate and provide the service, we collect certain information about your visit. See http://www.medstory.com/corporate/PrivacyStatement.jsp for the disclosures relating to the collection and use of your information.

6. 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 contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

7. LIABILITY LIMITATION.

You can recover from Microsoft only direct damages up to US$5.00. 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 contract, 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. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

8. Choice of Law and Location for Resolving Disputes.

Washington state law governs the interpretation of this contract 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, or if you live outside the United States, the laws of the country to which we direct your service. 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 contract.

9. 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 at http://www.microsoft.com/info/cpyrtInfrg.htm.

10. 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. Microsoft and 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. Any rights not expressly granted herein are reserved.

11. Parental Controls

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