Terms of Use

Microsoft Retail ExpertZone Terms of Use

Effective Date: 11/5/2008

Welcome to the Microsoft Retail ExpertZone web site at expertzone.microsoft.com (the "Site"). This Site is provided by Microsoft Corporation ("Microsoft") and is part of the microsoft.com family of web sites. These Terms of Use also incorporate by reference the Microsoft.com Terms of Use. Click here to review the Microsoft.com Terms of Use. Your activities at this Site are governed by this agreement (the "Terms of Use"), so please read it carefully. In fact, if you fail to abide by any of these Terms of Use, Microsoft may suspend or deny, in its sole discretion, your access to this Site and may also reject any orders you have placed at this Site, without notice to you.

Providing you satisfy the eligibility requirements below, you may use this Site to engage in online training exercises related to Microsoft products and services. You may also test your knowledge by taking quizzes online. Microsoft will give you points for successfully completing quizzes and training exercises ("Points"). You may be eligible to exchange accumulated Points for merchandise and services offered from time to time in the Rewards section ("Rewards").

Rewards are strictly for your personal use only. You may not sell any Rewards or return a Reward to a retailer with the intent to receive a cash equivalent, store credit or alternative product. Reselling or returning/exchanging Rewards at retail or other outlets for the express intent to receive financial compensation or a cash equivalent is a violation of these Terms of Use and may lead to the immediate termination of your Points account and access to the Site.

You may also be eligible to enter into sweepstakes sponsored at this Site from time to time ("Sweepstakes"). Notwithstanding anything herein to the contrary, each Sweepstakes offered via this Site is governed by these Terms of Use, the Microsoft Retail ExpertZone Promotion Official Rules and its corresponding Sweepstakes Details, which will set forth any unique eligibility requirements, entry criterion, entry deadlines, entry limits, winner selection dates and prizing.As a result, we encourage you to carefully review these Terms of Use, the Official Rules and Sweepstakes Details for each Sweepstakes In the event of a discrepancy between the Terms of Use, the Microsoft Retail ExpertZone Promotion Official Rules and any Sweepstakes Details, the Microsoft Retail ExpertZone Promotion Official Rules will govern the operation of each Sweepstakes.

1. Eligibility. By using this Site, you represent and warrant that:

a) you are a legal resident of and currently reside in the United States or Canada;

b)>you are at least 16 years old;

c)all information that you submit to Microsoft is true and accurate (including without limitation, your credit card information);

d)you are a retail sales professional currently employed by a retailer Microsoft has authorized to offer Xbox or Microsoft products and services in the United States or Canada (an "Authorized Retailer"); and

e)your employer doesn’t have a policy against your participation in the activities on this Site, nor with your exchanging Points for Rewards or entering Sweepstakes.

Some Authorized Retailers have policies permitting employees to engage in online training exercises, but forbidding employees from exchanging Points for Rewards or entering Sweepstakes. If your Authorized Retailer has such a policy, you may not exchange Points for Rewards or enter Sweepstakes at this Site.

If you have any questions about your eligibility, please contact your employer to confirm that (a) your employer is an Authorized Retailer, and (b) your employer’s policies allow you to exchange Points for Reward or enter Sweepstakes.

Employees, affiliates, agents and independent contractors of Microsoft and the immediate family members of any of the foregoing (unless a family member is an employee of an Authorized Retailer) are not eligible to participate in the Reward Zone or any Sweepstakes we may offer at this Site. The Reward Zone and each Sweepstakes are void where prohibited by law.

You are permitted to create a single account to access program contents and receive information via your designated addresses. Microsoft will identify additional accounts as fraudulent and will prohibit your subsequent attempts to access the program and utilize the site.

If you do not satisfy all of the requirements above, you should exit this Site immediately, and you may not continue to access or use this Site. By continuing to access and use this Site, you agree to be bound by these Terms of Use. IF YOU ARE USING THIS SITE BUT NO LONGER EMPLOYED BY AN AUTHORIZED RETAILER OR OTHERWISE ARE INELIGIBLE TO USE THIS SITE: (I) MICROSOFT MAY IMMEDIATELY DELETE YOUR POINTS ACCOUNT AND TERMINATE YOUR ACCESS TO THE SITE, AND (II) YOU WILL NOT BE PERMITTED TO REDEEM ANY POINTS PREVIOUSLY ACCRUED.

2. Points You may register on the Site and participate in the Reward program by following the on-screen instructions. After completing your registration, you will have the opportunity to participate in the activities described above.

For each course you successfully complete, Microsoft will give you Points as indicated with each designated course. You may only receive points for successfully completing the same course every 30 days.  You may exchange your Points for Rewards in the Reward area in accordance with these Terms of Use. Microsoft will deduct the amount of any Points you exchange for Rewards from your account balance. Points have no cash value and are not transferable. The number of points you can accumulate
for successfully completing a particular quiz or training exercise is subject
to change at any time without notice.

3. Reward area. You can redeem your Points at any time in the Reward area once you have accumulated the minimum number of Points specified for the Reward of your choice. Points can only be redeemed for available Rewards. Shipping, handling, program fees, applicable taxes (excluding, without limitation, federal and state income taxes) and any other amounts you will be responsible for ("Fees") will be charged to you on all Rewards, using the credit card information you provide. Microsoft cannot accommodate any other method of redemption. All Rewards transactions are considered final.

4. Leaderboards Each month, the ExpertZone will display the first name, last name initial, company, as well as city and state of residence of the Top 100 users who have scored the highest average training score per category, and the highest average training score overall. By accepting these Terms of Use, you agree that Microsoft may display your information as explained above in the Leaderboards section of the Site.

5. Privacy. Microsoft respects your desire for privacy. Click here to review the Privacy Statement. By using this Site, you are consenting to the terms of the Privacy Statement.

6. Payment. You can review all applicable fees, taxes, and costs before placing your Reward order. Any Fees associated with a Reward will be charged to the credit card you provide at the time of check-out. Your credit card will typically be charged within 48 hours as your order is being processed. You will not be charged until your order is shipped. Please be advised that the ExpertZone website cannot accept Credit Card Gift Cards, Debit Credit Cards or Pre-Paid Credit Cards as a method of payment. This is due to the fact that we use an Address Verification System which requires us to have the ability to contact the Financial Institution that issued the card to verify the billing address for security purposes. All of the above cards do not have the address verification system enabled therefore we cannot verify the address provided which results in your order being cancelled.

7. Shipping & Handling. Rewards will be shipped to the address listed in your account profile. All Fees and the availability of Rewards are subject to change by Microsoft without notice. All Rewards ordered through the Site are subject to availability and quantity and are only available for shipment in the United States and Canada.

You are solely responsible for providing Microsoft with accurate shipping information. Microsoft is not responsible for returned Rewards due to improper or inaccurate shipping details you supply. Microsoft will not reship Rewards after the original shipment was accepted at an improper, inaccurate, or outdated address.

Rewards returns are only accepted for items that are damaged or defective. If the Reward you receive is damaged or defective, please contact us to request a return and replacement. The Reward must be in its original packaging, complete with all accompanying documents and other materials. If Microsoft receives the damaged Reward and verifies that the product is damaged or defective, Microsoft will send you a replacement item and reimburse you for your shipping costs relating to your return of the damaged or defective product. If the same product is unavailable for any reason, Microsoft in its sole discretion may offer you an alternative Reward of equal or greater Points value.

In the event you experience delivery issue you are responsible for contacting the carrier and obtaining a claim and or case number. ExpertZone Customer Service will provide a tracking number and information, which you may use to contact the carrier. If the carrier is unable to locate the package we will determine on a case by case basis if the order can be replaced/reshipped.

8. License to Use this Site and Reference Materials. Provided that you are eligible in accordance with the requirements in Section 2 above, Microsoft grants you the right to view and use the Site solely to participate in the quizzes and other training exercises, to redeem Points and to enter Sweepstakes. Except as set forth in these Terms of Use, you may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Site. However, you may download and print copies of screens, including reference materials, from this Site only for purposes of retaining records about Rewards and Sweepstakes. To be absolutely clear, you may not (a) distribute copies of those materials to consumers, shoppers or any other third party, or (b) make any warranties about any Microsoft products or services based on those copies to any consumers, shoppers or other third parties.

9. Software Licenses. If you exchange Points for Microsoft software or win a Sweepstakes prize that is Microsoft software, you acknowledge that Microsoft software is licensed, not sold, to end users. All ownership, title and intellectual property rights in and to the software (including any associated media) and services, including any documentation or printed materials, are owned by Microsoft or its suppliers. ALL ORDERS ARE SUBJECT TO YOUR CONSENT TO ANY APPLICABLE LICENSE THAT IS DELIVERED OR INCLUDED WITH THE SOFTWARE (the "End User License"). If you do not agree to the End User License terms once you see them, you may return the item within 30 days from the date your order is delivered by contacting Microsoft here and mailing (by first class mail) the uncopied software, all documentation and printed materials and proof of purchase from Microsoft to the following address:

Microsoft Corporation

Attn: Retail ExpertZone

One Microsoft Way

Redmond, WA 98052-6399

If you are returning a Sweepstakes prize, please note that you will not receive any substitute; there are no substitutions, transfers or assignments of Sweepstakes prizes.

10. EXCLUSIVE REMEDY; DAMAGE EXCLUSIONS & LIMITATIONS. EXCEPT AS OTHERWISE STATED HEREIN OR IN AN APPLICABLE END USER LICENSE, YOUR EXCLUSIVE REMEDY AGAINST MICROSOFT, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND CONTRACTORS FOR ANY BREACH OF THESE TERMS OF USE IS LIMITED TO REPLACEMENT OR SUBSTITUTION OF A REWARD IN MICROSOFT’S SOLE DISCRETION. EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, YOU WILL ONLY BE ENTITLED TO THE DIRECT DAMAGES THAT YOU ACTUALLY INCUR IN REASONABLE RELIANCE, UP TO THE AMOUNT OF FEES YOU PAID FOR ANY REWARD ITEMS. YOU WILL NOT BE ENTITLED TO ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MICROSOFT’S FAILURE TO MEET ANY DUTY INCLUDING GOOD FAITH OR REASONABLE CARE, NEGLIGENCE OR NEGLIGENT MISREPRESENTATION, OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, EVEN IN THE EVENT OF THE FAULT OF MICROSOFT (OR ANY SUPPLIER) FOR TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY EVEN IF ANY REMEDY FAILS. To the extent any jurisdiction does not allow the exclusion or limitation of any such damage limitations or exclusions, portions of the above may not apply to you.

11. NO WARRANTIES. Microsoft does not provide any warranties for Rewards or Sweepstakes prizes other than a warranty labeled "Limited Warranty" delivered with any item made by Microsoft (in which case that is the only warranty provided). That Limited Warranty does not include any statements made on packaging or in manuals and other documentation and you agree that those are provided, and will be accepted by you, for informational or instructional purposes only and not as warranties. Microsoft will honor all such Limited Warranties and adhere to the stated coverage period only. UNLESS YOU ARE PROVIDED SUCH A LIMITED WARRANTY, THIS SITE AND ALL REWARDS AND SWEEPSTAKES PRIZES ARE SUPPLIED AS IS, AS AVAILABLE AND WITH ALL FAULTS, to the fullest extent allowed by applicable law. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, MICROSOFT DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION, MERCHANTABILITY, NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT. If a Reward or Sweepstakes prize comes with a warranty from someone other than Microsoft, you may benefit from that warranty in accordance with its terms, but you agree that neither Microsoft nor any of its affiliates, subsidiaries, directors, officers, employees, agents or contractors shall have any liability regarding that warranty.

12. Geographical & Export Restrictions. Items obtained through this Site may only be shipped to destinations in the United States or Canada. You agree that all items obtained through the Site and any accompanying documentation or technical information is subject to applicable export control laws and regulations of the United States Government. You agree not to export or re-export software or hardware, directly or indirectly, to any country not permitted by applicable United States export restrictions (see any applicable license for more details).

13. WASHINGTON LAW AND WASHINGTON (KING COUNTY) FORUM; ONE YEAR STATUTE OF LIMITATIONS. You agree that these Terms of Use are governed by and construed in accordance with the laws of the State of Washington, U.S.A. You hereby consent to jurisdiction of and venue in the courts in King County Washington, U.S.A. in all disputes arising out of the relating to use of the Site, these Terms of Use, any Reward or Sweepstakes, and any other claim in connection with these Terms of Use, including without limitation, any claim under negligence or intentional tort theory. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. To the fullest extent allowed by applicable law, such disputes must be brought by you within one year of the date you are entitled to bring any lawsuit or other action. Microsoft's performance of these Terms of Use is subject to existing laws and legal process, and you agree that Microsoft may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of these Terms of Use.

14. Miscellaneous; Entire Agreement. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that honors the allocation of risks in these Terms of Use, and the remainder of these Terms of Use shall continue in effect. These Terms of Use, the Privacy Statement, the Microsoft Retail ExpertZone Promotion Official Rules and Sweepstakes Details and any related consents or agreements that you provide during your visit to the Site, together with any End User License acquired via the Site, constitute the entire agreement between you and Microsoft with respect to this Site and any Rewards and Sweepstakes, and supersede all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and Microsoft.

15. Internet. Microsoft is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of promotion materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive information by Microsoft or participant on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Microsoft which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this program, Microsoft reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, MICROSOFT RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a participant redeeming Points based on an e-mail address, the redemption will be declared made by the authorized account holder of the e-mail address listed in the participant’s user profile. "Authorized account holder" is defined as the natural person who meets the eligibility requirements under Section 2 above and is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

16. Termination, Suspension or Modification of Microsoft Retail ExpertZone Program or Terms.
Microsoft reserves the right to terminate, suspend or modify the Microsoft Retail ExpertZone program or terms at any time or when all Rewards are exhausted, without prior notice. Any such changes or notices will be posted in these Terms of Use, and it is your responsibility to continually review these Terms of Use to stay informed of any such changes or notices. Your continued use of the Site after revised Terms of Use are posted shall be deemed your acceptance of such revised Terms of Use.
To accept the terms of use, click I accept. Clicking "I accept" means that you agree to the Microsoft.com and ExpertZone terms of use and privacy statement, and you understand that we may share your personal data with your employer.