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MICROSOFT TEAMS COMMUNITIES – PREVIEW TERMS 

Posted: May 16, 2022

IF YOU LIVE IN THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH MICROSOFT.  

Microsoft Teams Communities is in preview (“Preview Service”), it may not operate correctly and may be different from the commercially released version.  

Acceptance of Terms. Before using the Preview Service, please carefully review these Preview Terms which create a legal agreement between you and Microsoft Corporation (or, based on where you live, or if a business, where your principal place of business is located, one of its affiliates) and governs your use of Communities.   

By using Communities, you represent you are the legal age of "majority" where you live and agree to be bound by these Preview Terms and the additional terms defined below (together “Agreement”).  

Description of the Service. Communities in Teams is a new feature that allows people from around the world to connect around a shared interest in one digital place.  

Feedback. We provide the Preview Service to you so you can tell us more about what you like, what you don't like, and what changes you would like to see in the Preview Service. When you provide us comments, suggestions, or other feedback about the Preview Service ("Feedback"), you grant Microsoft and its partners rights to use the Feedback in any way and for any purpose. 

Data Collection. The Preview Service may automatically collect and provide data to Microsoft, which may include your personal information. We may also share certain data collected in connection with the Preview Service with third parties. The Microsoft Privacy Statement, and this paragraph, applies to the data collected, used, and shared in connection with the Preview Service. 

Termination. Without prejudice to any other rights, Microsoft may terminate these Preview Terms 1) if you fail to comply with any of its terms and conditions or 2) when the Preview Services becomes generally available. General availability of the Preview Service may include removal of some components or the requirement of fees for previously free components. Termination of your use of, or your access to, the Preview Service; or the termination of the Preview Terms terminates your right to possess or use the Preview Service, and you must delete all copies of the software, content and other materials provided as part of the Preview Service.  

Additional Terms. Your use of the Preview Service is also subject to the Microsoft Services Agreement, incorporating the Privacy Statement. To the extent there is a conflict between the Microsoft Services Agreement (including the Privacy Statement) and these Preview Terms, these Preview Terms control during the term of this preview. Use of the final, generally available Microsoft Teams Communities is subject to the Microsoft Services Agreement. 

Reservation of Rights. Microsoft may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Preview Service. Except as expressly provided in any written license agreement from Microsoft, the furnishing of the Preview Service does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Microsoft reserves all rights not expressly granted under this agreement, and no other rights are granted under this agreement by implication or estoppel or otherwise. 

Warranty. Microsoft, and our affiliates, resellers, distributors, vendors, and partners, make no warranties, express or implied, guarantees or conditions with respect to the software or your participation in the Preview Service. You understand that use of the Preview Service is at your own risk and that we provide the Preview Service on an "as is" basis "with all faults" and "as available." You bear the entire risk of using the Preview Service. To the extent permitted under your local law, we exclude any implied warranties, including for merchantability, satisfactory quality, fitness for a particular purpose, workmanlike effort, and non-infringement. You may have certain rights under your local law. Nothing in this Agreement is intended to affect those rights, if they apply. 

Damages. If you have any basis for recovering damages related to the Preview Service, you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, third-party app and service providers, partners, and vendors, direct damages up to the amount that you paid for the Preview Service (or up to $10.00 USD if you acquired the Preview Service for no charge). You cannot recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental or punitive damages. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to the Preview Service. 

Updates to Agreement. From time to time, we may change these Preview Terms. If we do, we will post a notice. Your use of the Preview Service after the date the change becomes effective, will be your consent to the changed Preview Terms. If you do not agree to the changes, you must stop using the Preview Service. We recommend checking these Preview Terms at least once every 30 days to check for potential notice of changes. 

Applicable Law. The laws of the state or country where you live (or, if a business, where your principal place of business is located) govern all claims and disputes concerning the Preview Service, including software, your participation in this Preview Service, and this agreement, including breach of contract claims and claims under consumer protection laws, unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, regardless of conflict of laws principles. In the United States, the Federal Arbitration Act governs all provisions relating to arbitration. 

Disputes. Binding Arbitration and Class Action Waiver If You Live In (or Are a Business with Your Principal Place of Business In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days 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, 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 Microsoft and its affiliates. 

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 this Agreement, the software, any advertising, marketing, or communications, any services offered or sold, or your participation in the Preview Service, 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. 

• 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. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available here. 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.

• Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court if you meet the court's requirements in your county of residence (or, if a business, your principal place of business) or King County, Washington, U.S.A.

Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Preview Service (including any software) for personal or household use, or if the value of the dispute is $75,000 USD or less whether or not you are an individual or how you use the services or software, its Consumer Arbitration Rules). For more information, see adr.org or call 1-800-778-7879. To start an arbitration, submit the form available here to the AAA and mail a copy to us. In a dispute involving $25,000 USD 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 King County, Washington. 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. 

Arbitration Fees and Payments. 

1. Disputes Involving $75,000 USD 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: (1) pay the greater of the award or $1,000 USD; (2) pay your reasonable attorney's fees, if any; and (3) reimburse any expenses (including expert witness fees, and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.

2. Disputes Involving More than $75,000 USD. The AAA rules will govern payment of filing fees and the AAA's and arbitrator's fees and expenses.

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 14.1) within one year from when it first could be filed. Otherwise, it's permanently barred. 

Rejecting Future Arbitration Changes. You may reject any change we make to section 14 (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section 14.1. If you do, the most recent version of section 14 before the change you rejected will apply. 

Severability. If any part of section 15 (Disputes. 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 15 will be unenforceable in its entirety. 

Conflict with AAA Rules. This Agreement governs to the extent it conflicts with the AAA's Commercial Arbitration Rules or Consumer Arbitration Rules.