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PWA BUILDER TERMS OF SERVICE

PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 12. IT AFFECTS YOUR RIGHTS AND HOW DISPUTES ARE RESOLVED. Welcome to the PWA Builder web site, owned and operated by Microsoft (“PWA Builder” or “we”, “us”, or “our”). These terms of service (“Terms”) govern your (“you” or “your”) access and use of this website, located at https://www.pwabuilder.com (“Site”) and the services we provide through the Site (collectively referred to as “Services”). By clicking “I accept”, where indicated, or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms, you may not use the Services.
You must be at least eighteen (18) years of age or the age of legal majority in your jurisdiction (if different than 18) to use the Services.

  1. Privacy. Your privacy is important to us. Please read our Privacy Statement, as it describes the types of data we collect from you and your devices ("Data"), how we use your Data, and the legal bases we have to process your Data. By agreeing to these Terms or providing information to or through the Services, you consent to all actions taken by us with respect to your Data as described in the Privacy Statement.
  2. Access and Use. (a) License. Subject to and conditioned on your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services including any materials made available to you for download or access on or through the Services, solely for your personal or internal business operational use. (b) Usage Restrictions. You will not use the Services for any purposes beyond the scope of the access granted in these Terms. You will not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Services, in whole or in part; (ii) sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services except as expressly permitted under these Terms; (iii) remove any proprietary notices from the Services; or (iv) use the Services for fraudulent, offensive, or obscene activity or in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule. You may not publish or use any PWA Builder trademarks, branding, or logos without our prior written consent in each instance. (c) Reservation of Rights. PWA Builder reserves all rights not expressly granted to you under these Terms. Except for the limited rights and licenses expressly granted in these Terms, nothing in these Terms grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Services.
  3. Your Responsibilities. (a) Third-Party Content. The Services may permit or suggest you to (i) access products, data, code, software, features, packages, applications, services, information, websites, or other materials that are owned by third parties and are integrated into or accessible through the Services (“Third-Party Apps and Services”) or (ii) import data for use in Third-Party Apps and Services. For purposes of these Terms, you acknowledge that Third-Party Apps and Services are subject to their own terms and conditions and privacy policies. If you do not agree to abide by the applicable terms for any Third-Party Apps and Services, then you should not install, access, or use such Third-Party Apps and Services. PWA Builder is not responsible for Third-Party Apps and Services. (b) Third-Party Software. The software may include third party applications that are licensed to you under these Terms or under their own terms. License terms, notices, and acknowledgements, if any, for the third party applications may be accessible online at http://aka.ms/thirdpartynotices or in an accompanying notices file. Even if such applications are governed by other agreements, the disclaimer, limitations on, and exclusions of damages below also apply to the extent allowed by applicable law.
  4. Term and Termination. (a) Term. These Terms are effective on the date you accept the Terms or begin using the Services and will be effective until terminated by you or PWA Builder. (b) Termination or Suspension. We may terminate or suspend your access to the Services at any time for any reason. Your rights under these Terms will terminate automatically without notice if you fail to comply with any of the Terms. PWA Builder will have no liability for any damage, liabilities, losses (including any loss of or profits), or any other consequences that you may incur as a result of terminate or suspension of the Services. (c) Effect of Termination. Upon termination of these Terms, you must immediately discontinue use of the Services. (d) Survival. This Section 4(d), Sections 6 through 14, any definitions necessary to interpret these Terms, and any right, obligation, or required performance of the parties under these Terms which, by their express terms or nature and context is intended to survive termination of the Terms, will survive any such termination.
  5. Your Content. (a) Ownership of Content. You and not PWA Builder, own your Content. “Content” means your posts and communications with others, the materials you upload, share, or otherwise transmit through the Services, including information you made publicly available. (b) Use of Content. You grant to PWA Builder a non-exclusive, royalty-free, worldwide license to reproduce, publicly display, distribute, transmit and otherwise use your Content to provide the Services to you and others, to protect you and the Services, and to improve and promote the Services. You are solely responsible for your Content, and you will ensure that your Content will not violate any policy or terms referenced in or incorporated into these Terms or any applicable law.
  6. PWA Builder Intellectual Property; Feedback. (a) Ownership of the Service. As between you and us, we own all right, title, and interest, including all intellectual property rights, in and to the Services. (b) Feedback. If you give us ideas, suggestions, or recommendations for changes to the Services, including new features or functionality, or any other comments, questions, suggestions (“Feedback”), you grant us the right to use the Feedback on an unrestricted basis without any obligation to compensate you. All Feedback is and will be treated as non-confidential, and we are not required to use any Feedback. (c) Copyright infringement. If you believe that any content appearing on our website, applications or other Services infringes any copyright rights, please forward all relevant information relating to the potential infringement to https://www.microsoft.com/info/cpyrtInfrg.html.
  7. Disclaimer of Warranty. THE SERVICES ARE PROVIDED “AS-IS” AND YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. PWA BUILDER SPECIFICALLY DISCLAIMS ALL WARRANTIES WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PWA BUILDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PWA BUILDER MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF WILL MEET YOUR OR ANY OTHER PERSON’S OR ENTITY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY’S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW.
  8. Indemnification. You will indemnify, defend, and hold harmless PWA Builder its affiliates, and each of their respective directors, officers, employees, shareholders, agents, licensors, joint ventures, partners (including integration and marketing partners), service providers, and suppliers from and against any losses, expenses, damages, and costs, including reasonable attorneys’ fees incurred by PWA Builder resulting from any third-party claim, suit, action, or proceeding arising from (i) an allegation that your Content or any use of your Content, in accordance with these Terms, infringes or misappropriates such third party’s intellectual property rights; (ii) your use of the Services; or (iii) any breach of these Terms.
  9. Limitation of Liability. IN NO EVENT WILL PWA BUILDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR ANY RELATED CONTENT, MATERIALS OR INFORMATION (INCLUDING AS CONTAINED OR MADE AVAILABLE ON OR WITHIN OUR WEBSITE), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO STOP USING THE SERVICES. IN NO EVENT WILL PWA BUILDER’S, OUR AFFILIATES’, RESELLERS’, DISTRIBUTORS’, THIRD-PARTY APPS AND SERVICES PROVIDERS’, AND VENDORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND THE SERVICES EXCEED TEN DOLLARS ($10).
  10. Legal Notices. Notices to PWA Builder must be sent by postal mail to: One Microsoft Way Redmond, WA 98052-6399. We may send you notices via the email address you may provide to us. If you choose not to provide an email address, notices and other information may be made available in updates to these Terms, and you hereby consent to receiving electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  11. Modifications to the Terms. We reserve the right to modify or amend these Terms from time to time without notice. Your continued use of the Services following the posting of changes to these Terms on our website will mean you accept those changes. If you do not agree to the modified terms for the Services, you should discontinue your use of the Services. Unless we provide you with specific notice, no changes to our Terms will apply retroactively.
  12. 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, we agree to try for 60 days to resolve it informally. If we cannot resolve it, 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, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes PWA Builder and Microsoft. (a) Disputes Covered—Everything Except Intellectual Property. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, advertising, marketing, communications, 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. (b) Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’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. (or to your mobile phone carrier at its principal place of business in the United States marked ATTN: Legal Department). Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at https://go.microsoft.com/fwlink/?LinkId=245499. We will do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved. (c) Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or, if a business, your principal place of business) or King County, Washington, U.S.A. if you meet the court’s requirements. (d) Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (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). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available at https://go.microsoft.com/fwlink/?LinkId=245497 to the AAA and mail a copy to us. 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. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business) or our principal place of business—King County, Washington if your dispute is with Microsoft. You choose. 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. Under AAA Rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity. (e) Arbitration Fees and Payments. (i) Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. 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 (called an “award”), and the arbitrator awards you more than this last written offer, we will: (A) pay the greater of the award or $1,000; (B) pay your reasonable attorney’s fees, if any; and (C) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. (ii) Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. (f) Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules. (g) Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes—see Section 12(a)) within one year from when it first could be filed. Otherwise, it is permanently barred. (h) Rejecting Future Arbitration Changes. You may reject any change we make to Section 12 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in Section 12(b). If you do, the most recent version of Section 12 before the change you rejected will apply. (i) Severability. If any part of Section 12 (Binding Arbitration and Class Action Waiver) is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, Section 12 will be unenforceable in its entirety.
  13. Governing Law. The laws of the state of Washington without regard to principles of conflict of laws will govern these Terms and any claim or dispute that has arisen or may arise between you and PWA Builder.
  14. Miscellaneous. PWA Builder will be excused from performance of these Terms to the extent that performance is prevented, delayed, or obstructed by causes beyond its reasonable control. These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between you and PWA Builder concerning its subject matter, and supersede all prior agreements and representations between us. Only written waivers are effective. If any provision of these Terms is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Terms. The Service is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. You may not assign or otherwise transfer any of your rights in these Terms without our prior written consent, and any such attempt is void. We expressly reserve the right to assign these Terms and to delegate any of our obligations hereunder. The relationship between PWA Builder and you is not one of a legal partnership relationship but is one of independent contractors, and we are not an agent or trustee. These Terms will be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.