Welcome to our website. The terms of service set out below govern your use of the Website (as defined below) (the "Website Terms of Service") and this is a legally binding agreement made by and between you and Barnes & Noble College Booksellers, LLC. Other terms and conditions, policies and guidelines may also apply to you to govern your use of the Service (as defined below), depending upon how you use and/or access the Service.
Barnes & Noble College Booksellers, LLC, together with its parents, subsidiaries and affiliates are collectively referred to herein as "Barnes & Noble," "we," "our" or "us." For the purposes of these Website Terms of Service, "affiliate(s)" means any entity that controls, is controlled by or is under common control with Barnes & Noble College Booksellers, LLC.
Please read these Website Terms of Service carefully before using the Website. By using the Website (as defined below) and accessing Website Content, you acknowledge and agree that you have read, understood and agree to be bound by these Website Terms of Service. If you do not agree to be bound by these Website Terms of Service, you should leave the Website immediately and cease all your use of it.
Please note that nothing in these Website Terms of Service affects your mandatory statutory rights under applicable local laws, to the extent that such rights apply to you and cannot be limited or excluded.
Contents of These Store Terms of Service
Section 1: Definitions
Section 2: Using the Website
Section 3: License to Use the Website
Section 4: Termination or Suspension
Section 5: Disclaimers; Exclusions and Limitations
Section 6: Dispute Resolution
Section 7: General
1. Definitions
The following definitions are used throughout these Website Terms of Service:
"App(s)" means the software applications for mobile devices, computers or other electronic devices (including any updates or upgrades) that we make available to you from which you may access the Service.
"Digital Content" means digital or electronic content or media which is available to you through the Store (defined below) and which may be viewed on the App (defined below). "Interactive Community" means services we make available which may enable users to communicate with each other directly and post information and other material that will be visible to other users of the service or which may otherwise permit users to interact with others howsoever.
"Library" means the online digital locker or library hosted in our cloud storage facility where your purchases of Digital Content are stored and which you may access via the Website, the Store (defined below), and the App.
"Service" means collectively our digital education service, including the App (and any services made available on or by means of the App), the Website (defined below) and the Store (defined below).
"Store" means the Barnes & Noble store where you can browse and purchase goods and Digital Content for use with the Service. "User Generated Content" means any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material which may be posted on or through the Interactive Community.
"Website(s)" means the Barnes & Noble website offering access to the Service.
"Website Content" means the contents of the Website.
2. Using the Website
(a) Setting up an account. You may visit and browse the Website without registering or setting up an account with us. However, in order to place orders, purchase (or otherwise have made available to you) items from the Store, including Digital Content, you will need to first open an account in accordance with our Store Terms of Service. You can open an account either by visiting a Website or directly via certain Apps.
Any items you purchase (or which are made available to you from the Store, including Digital Content, will be so purchased (or so made available to you) and used in accordance with our Store Terms of Service.
(b) Interactive Community. Some aspects of the Service enable you to communicate with other users and post information and other material, including your own User Generated Content, via the Interactive Community. You are using Interactive Community services if, for example, you view or participate in the Interactive Community, post a review, create a list, create a profile, submit any User Generated Content, or otherwise participate in any interactive feature.
Interactive Community services may be used only for lawful purposes in accordance with these Website Terms of Service. If you are using our Interactive Community services, and post, publish or communicate any User Generated Content on or through the Interactive Community services, please choose carefully the information that you post and/or provide to other users. You may not post on or transmit through the Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, rule or regulation of the local laws applicable to you or applicable in the country in which the material is posted. We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting or other User Generated Content (including private messages) from you, or to deny, restrict, suspend or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, without prior notice or explanation and without liability.
We reserve the right, in our sole discretion, to remove your profile and/or deny, restrict, suspend or terminate your access to all or any part of the Interactive Community services for any reason.
If you become aware of misuse of the Interactive Community services, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violates any applicable law, please activate the "Flag" feature (where available) on the page in question or otherwise contact us.
Notwithstanding the foregoing and to the maximum extent permitted by applicable local law, we assume no responsibility for ongoing monitoring of the Interactive Community or for removal or editing of any User Generated Content, even after receiving notice. We assume no liability for any action or inaction with respect to conduct, communication or User Generated Content within the Interactive Community. You are solely responsible for all activities that occur within the Interactive Community.
The Interactive Community is not designed for use by individuals under the age of 18 years "Minors"). No children under the age of 13 are permitted to register or create user profiles, and individuals aged between 13 and 18 must participate in the Interactive Community only under the supervision of a parent or legal guardian. Numerous informational and commercial resources (such as computer hardware, software or filtering services) are available to help parents keep their children safe online. If you are interested in learning more about these resources, information is available at many sites providing information on such protections. We do not specifically sponsor or endorse any of these sites or their services.
You may not post User Generated Content that: (i) involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing, instant messaging, "spimming" or "spamming"; (ii) contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); (iii) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (iv) involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising or pyramid schemes; (v) includes a photograph or video of another person that you have posted without that person's consent; (vi) circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying any security technology or software that is part of the Service; (vii) involves the use of viruses, bots, worms or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise may permit the unauthorized use of or access to a computer or a computer network; (viii) covers or obscures the banner advertisements on your personal profile page; (ix) involves any automated use of the Service, such as using scripts to add friends or send comments or messages; (x) interferes with, disrupts or creates an undue burden on the Service or the networks or services connected to the Interactive Community services; (xi) impersonates or attempts to impersonate another Interactive Community user, person or entity; (xii) uses the account, username or password of another Interactive Community user at any time or discloses your password to any third party or permits any third party to access your account; (xiii) sells or otherwise transfers your profile; or (xiv) uses any information obtained from the Service or Interactive Community in order to harass, abuse or harm another person or entity, or attempts to do the same.
Interactive Community users may upload to or otherwise submit to us for distribution on the Interactive Community and the Service: (i) User Generated Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Generated Content which the owner or licensor of any relevant rights has given express authorization for us to distribute over the Internet. You may not upload, embed, post, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Generated Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission". We are entitled to presume that all User Generated Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Generated Content is illegal and could subject the user to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community users assume all liability for any damage resulting from any infringement of copyright or proprietary rights, or for any other harm arising from an unauthorized submission or submission of User Generated Content. We assume no liability for any damage resulting from any infringement of copyright or proprietary rights, or from any other harm arising from any User Generated Content. By submitting User Generated Content within the Interactive Community, you automatically grant us, or represent and warrant that the owner or authorized licensor of such User Generated Content has expressly granted us, for the full period of copyright (and any renewals and extensions thereof), (and to the maximum extent permitted by applicable local law), a perpetual, royalty-free and irrevocable right and license to use, reproduce, publish, translate, sub-license, copy, modify, delete, enhance and distribute the User Generated Content in whole or in part worldwide and/or to incorporate such User Generated Content in other works in any form, media or technology now known or hereafter developed, together with a full waiver of all moral rights therein (to the maximum extent permitted by applicable law). Subject to this grant, you, as owner or authorized licensor (as applicable) of the User Generated Content submitted to us, retain any and all rights which may exist for such User Generated Content.
Where we decide in our sole discretion to terminate or suspend your account or your access to all or part of the Service, Website and/or your Library in accordance with Section 4 below (Termination), we may decide, in our sole discretion, to remove any User Generated Content you have submitted to the Interactive Community. To the maximum extent permitted by applicable local law, all our liability (as well as the liability of our directors, employees or other representatives) for any loss whatsoever arising from our removing or editing the User Generated Content is excluded.
(c) Notice and Take Down Procedure For Claims of Infringement. If you believe in good faith that materials contained on the Website or posted to the Interactive Community, including Digital Content and User Generated Content, infringe your rights (for example, your copyright), you (or your agent or representative) may send us a notice requesting that the material be removed or access to it blocked. The notice must include the following information (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the work claimed to have been infringed (or if multiple works are covered by a single notification, a representative list of such works); (iii) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to enable us to locate the material on the Website or the Interactive Community; (iv) your name, address, telephone number and e-mail address; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the rights-holder, its agent or representative or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury (where applicable in accordance with applicable local laws), that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you are seeking to send us such a notice with respect to a non-exclusive right, you must comply with the foregoing sections (i)-(vi), but in addition provide evidence to us on what basis you have the right to allege infringement and make a complaint.
If you are sending a notice or counter-notice pursuant to the United States Digital Millennium Copyright Act of 1998 (the "DMCA"), then it must meet the then-current statutory requirements imposed by the DMCA; see copyright.gov for details. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Full details of our copyright policy under the DMCA is available on our website.
Notices and counter-notices with respect to the Service should be sent to: IP Agent, Barnes & Noble College Booksellers, LLC, 76 Ninth Avenue, New York, New York 10011, USA at DMCANOTICE@barnesandnoble.com. Giving false, misleading or inaccurate information in a notice or counter-notice may result in civil and/or criminal liability. We suggest that you consult your legal advisor before filing a notice or counter-notice.
(d) Third Party Websites and Advertisements. The Website may contain links to third party websites and third party applications. We are not responsible for the content, accuracy or opinions expressed on third party websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by us. Your use of such websites will be subject to their own terms of use and privacy policies. Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
We take no responsibility for third-party advertisements or third-party applications that are posted on or through the Website, and, to the maximum extent permitted by applicable local laws, we do not take any responsibility for any goods or services provided by third party advertisers on the Website.
(e) Age of Users. Unless otherwise specifically noted in the features made available to you, the Website, Website Content and any products and services appearing or marketed on the Website are intended for and directed towards the purchase and use by adults (those aged 18 years or above) or with the consent of adults. Individuals under the age of 18 years may only use Website with the supervision of a parent or legal guardian and should review these Website Terms of Service with a parent or legal guardian to ensure that they understand them.
(f) Privacy. You agree that any personal information collected, used or disclosed regarding you or your use of the Website will be held and used in accordance with our Privacy Policy as such may be updated or modified from time to time. Our Privacy Policy also sets out our policy concerning ‘cookies’ and similar technologies that can personally identify you. The current Privacy Policy posted to our Website applies to you when you open an account or otherwise access or use our Website services, applications or tools. It is your responsibility to read the current Privacy Policy, so please check it periodically. Please note that any information you provide to a third party via the Website, for example via any third party links available on the Website, will be subject to the privacy notice or similar terms of that third party and not our Privacy Policy.
(g) Internet Connectivity Charges. Internet connectivity is required to access the Website. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. We are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such internet connectivity.
3. License to Use the Website
(a) License. Subject to these Website Terms of Service, we hereby grant you a limited, non-exclusive, non-transferable, revocable license to make personal and non-commercial use (unless you are a business user and have a commercial/business relationship with us) of the Website. We further grant you a limited, non-exclusive, non-transferable and revocable right to create a hyperlink to the Website as long as the link does not portray us, our products or services in a false, misleading, derogatory or otherwise offensive manner. You may print off one (1) copy of any page(s) from the Website for your personal reference.
Except as set out in the license above (or as required under any applicable local law), no part of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent. In particular, you may not republish any part of the Website on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. All the intellectual property rights referred to above remain owned by us or our licensors (please see Section 3(c) below).
(b) Restrictions and Prohibited Conduct. Except as may be expressly permitted by these Website Terms of Service and to the maximum extent permitted by applicable local law, you may not, directly or indirectly: (i) modify, download (other than page caching), reproduce, copy or resell the Website, Website Content or any portion or derivative thereof; (ii) make commercial use of the Website, the Website Content or any portion derivative thereof (unless you have a business relationship with us); (iii) copy or download any other user's account or profile information for the benefit of any third party; (iv) enable high volume, automated, electronic processes that apply to the Website or its systems, the Website Content or any portion or derivative thereof; (v) interfere or attempt to interfere with or damage the Website, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, or use the Website in any manner that could interrupt, damage, disable, degrade, overburden or impair any other users’ use and enjoyment of the Website; (vi) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Website or its systems, the Website Content or any portion or derivative thereof for any purpose; (vii) bypass any of our measures used to prevent or restrict access to any portion of the Website, the Website Content or any portion or derivative thereof; (viii) frame or utilize framing techniques to enclose any trademark, logo or other of our proprietary information (including images, text, page layout or form); (ix) use our name, trademarks, service marks or logos in any meta tags or any other "hidden text"; (x) compile, repackage, disseminate or otherwise use data extracted from the Website; (xi) violate any law, rule or regulation of the local laws applicable to you in your use of the Website; or (xii) assist or encourage any third party in engaging in any activity prohibited by these Website Terms of Service, the Store Terms of Service or any applicable local laws or regulations.
(c) Intellectual Property. We (and, where applicable, our licensors and suppliers) own all rights, title and interest in and to the Website and Website Content and all enhancements, bug fixes, updates, upgrades, modifications, additions, customizations, improvements, derivative works, whether or not developed by us, and copies thereof, and all information, methods and processes and intellectual property rights therein, including rights subsisting in trademarks, service marks, text, graphics, logos, images, videos and audio clips (collectively, the "Intellectual Property"). No rights are granted to you except those expressly set forth in this Section 3 and we (and, where applicable, our licensors and suppliers) expressly reserve all rights, title and interest in and to the Website not expressly granted herein. You acknowledge and agree that your use of the Website and/or the Website Content does not grant to you title or ownership of any of our Intellectual Property or those of our suppliers or licensors. Intellectual Property may not otherwise be used without our (or, as applicable, our licensors’ or suppliers’) prior written consent. Without limiting the foregoing, no Barnes & Noble trademark or trade dress may be used in connection with any product or service that is not Barnes & Noble’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us.
(d) Content. You acknowledge that the Website contains the Website Content, which is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Website Content is or may be copyrighted as a collective work under the U.S. copyright laws and/or other local intellectual property and copyright laws and treaties, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Website Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Website Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Website Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Website Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107) or similar provisions in applicable local intellectual or copyrights laws and treaties, you may not upload, post, reproduce, or distribute in any way Website Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
In addition, we are a distributor and not a publisher of Website Content supplied by third parties and users. We have no editorial control over such Website Content. We are not obligated to review Website Content and User Generated Content. Any opinions, advice, statements, services, offers, or other information that constitutes part of the Website Content and User Generated Content, expressed or made available by third parties, including any other user, are those of the respective authors or distributors and not of ours or any of our suppliers or licensors, unless expressly stated otherwise. Neither we nor our suppliers or licensors make any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Store Content unless otherwise expressly stated. In many instances, the Website Content and User Generated Content, available through the Store represents the opinions and judgments of the third party that provides such Website Content. To the maximum extent permitted by applicable local laws, under no circumstance shall either we or any of our suppliers or licensors be liable for any loss, damage or harm caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Website Content and User Generated Content, available through the Website.
(e) Indemnity. To the maximum extent permitted by applicable local law, you agree to indemnify and hold harmless on a continuing basis us and our affiliates, and our and their employees, representatives, agents, lawyers, directors, officers, managers, shareholders, suppliers and licensors (the "Indemnified Parties") immediately (on demand) from any claim or demand, including reasonable and/or statutory legal fees, made by any third party due to or arising out of your use of the Website or Website Content and/or related to, or connected with your actual or alleged breach of these Website Terms of Service or your violation of any applicable law or regulation or the rights of a third party.
4. Termination or Suspension
(a) Termination by Us. We may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend or terminate your account or your access to all or any part of the Service, Website and/or your Library for any reason in our sole discretion.
Where reasonableness is required by applicable local laws, we may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend or terminate your account or your access to all or any part of the Service, Website and/or your Library for any reason in our sole discretion where we reasonably consider it necessary, including where we believe that you have violated any term or condition of these Website Terms of Service or any applicable local laws or regulations, or may cause us, our suppliers or licensors, or another user of the Service financial loss or legal liability.
In certain cases, in our sole discretion, we may provide you with a written notice (a "Restriction Notice") to inform you that (i) your right to use or access any part of the Store has been terminated including the right to use, access or create any account thereon; (ii) that we refuse to provide any services to you; and (iii) any subsequent orders placed by you will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
(b) By You. You may terminate your use of the Service, your Library or your account at any time by ceasing all use of Service, your Library and your account.
(c) Effect of Termination or Suspension. Following termination (by us or by you) or suspension, you will not be permitted to use the Service, Website and/or access your Library. In the case of termination by us of your account, you will remain liable for all amounts due under your account up to and including the date of termination.
Upon termination of these Website Terms of Service, the following Sections shall continue in force and you explicitly agree to be bound by the following Sections: Section 2(b) (Interactive Community); Section 2(g) (Internet Connectivity Charges); Section 3(e) (Indemnity); Section 4 (Termination or Suspension); Section 5 (Disclaimers; Exclusions and Limitations); Section 6 (Dispute Resolution); Section 7 (General); and/or any other provisions of these Website Terms of Service that are expressly or by implication intended to come into or continue in force on or after termination of these Website Terms of Service.
5. Disclaimers; Exclusions and Limitations
(a) DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAW, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE WEBSITE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE WEBSITE IS AT YOUR SOLE RISK.
Without limiting the foregoing, and to the maximum extent permitted by applicable LOCAL law, neither WE nor OUR SUPPLIERS, AFFILIATES OR LICENSORS (AS APPLICABLE) make any representation or warranty of any kind, express or implied, THAT THE WEBSITE OR ITS USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.
(b) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE WEBSITE AND/OR WEBSITE CONTENT REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LOCAL LAW WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE WHERE (I) THERE WAS NO BREACH OF STATUTORY DUTY OR FAILURE ON OUR PART (OR OUR EMPLOYEES OR AGENTS OR REPRESENTATIVES); (II) IT IS NOT A REASONABLY FORESEEABLE CONSEQUENCE OF ANY SUCH BREACH; OR (III) IT RELATES TO BUSINESS LOSS (INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR DAMAGE TO REPUTATION OR GOODWILL). TO THE EXTENT THAT APPLICABLE LOCAL LAW PERMITS, ANY SUCH LIABILITY FOR THE MATTERS SET OUT IN THIS PARAGRAPH SHALL BE LIMITED TO US$50 IN TOTAL.
NOTWITHSTANDING THE ABOVE, CERTAIN LOCAL LAWS DO NOT ALLOW SUCH EXCLUSIONS OF OR LIMITATIONS OF LIABILITY, IN WHICH CASE NOTHING IN THESE WEBSITE TERMS OF SERVICE SHALL EXCLUDE OR IN ANY WAY LIMIT OUR OR OUR SUPPLIERS' OR LICENSORS' LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR OR OUR SUPPLIERS' OR LICENSORS' NEGLIGENCE, OR THAT OF OUR SUPPLIERS' OR LICENSORS' EMPLOYEES, AGENTS, representatives OR SUB-CONTRACTORS (AS APPLICABLE), GROSS NEGLIGENCE, FRAUD OR FRAUDULENT MISREPRESENTATION, WILFUL DEFAULT OR ANY OTHER LIABILITY TO THE EXTENT THE SAME MAY NOT BE EXCLUDED OR LIMITED AS A MATTER OF LOCAL LAW.
(d) IMPACT OF LOCAL LAWS. CERTAIN LOCAL LAWS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF OR LIMITATION OF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
(e) ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LOCAL LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
(f) FORCE MAJEURE. WE WILL NOT BE LIABLE TO YOU FOR FAILING TO PERFORM OUR OBLIGATIONS UNDER OR ARISING OUT OF THESE WEBSITE TERMS OF SERVICE OR ANY APPLICABLE LOCAL LAWS OR REGULATIONS BECAUSE OF ANY EVENT BEYOND OUR REASONABLE CONTROL, INCLUDING A LABOR DISTURBANCE, AN INTERNET OUTAGE OR INTERRUPTION OF SERVICE, A COMMUNICATIONS OUTAGE, FAILURE BY A SERVICE PROVIDER OR ANY OTHER THIRD PARTY TO PERFORM, ACTS OF WAR OR OTHER ACTION OF MILITARY FORCES, TERRORISM, RIOT, CIVIL COMMOTION, SABOTAGE, VANDALISM, ACCIDENT, FIRE, FLOOD, ACTS OF GOD, STRIKE, LOCK-OUT OR OTHER INDUSTRIAL DISPUTES (WHETHER OR NOT INVOLVING OUR EMPLOYEES OR THOSE OF OUR AFFILIATES, SUPPLIERS OR LICENSORS) OR LEGISLATIVE OR ADMINISTRATIVE INTERFERENCE (INCLUDING THOSE GIVING RISE TO CURRENCY CHANGES OR OTHERWISE AFFECTING OUR ABILITY TO OPERATE OR PROVIDE THE NOOK SERVICE, WHETHER IN WHOLE OR IN PART).
6. Dispute Resolution
Any claim or controversy at law or equity arising from, relating to, or connected with these Website Terms of Service (each a "Claim") will be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be New York or, where limited by applicable local law, the country of your domicile. Notwithstanding this Section 6, we may bring a Claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors. Any claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE WEBSITE TERMS OF SERVICE. FURTHER, EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT, IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. Each of the parties acknowledges that this Section 6 is a material inducement for the other party to enter into these Website Terms of Service. You acknowledge and agree that, regardless of any statute or law to the contrary, any Claim or cause of action you may have arising out of, relating to, or in connection with these Website Terms of Service must be filed within one (1) calendar year after such Claim or cause of action arises, or forever be barred.
For purposes of any Claim that is not subject to the arbitration procedures in this Section 6, we both agree to the governing law and jurisdiction as set out in Section 7 (i) below.
7. General
(a) Interpretation. Headings used in these Website Terms of Service are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation." The singular includes the plural and vice versa. These Website Terms of Service are binding upon each party and its successors and permitted assigns.
(b) Entire Agreement. Except for any additional terms that apply to your use of the Website as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Website, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.
(c) Severability. The provisions of these Website Terms of Service are intended to be severable. If for any reason any provision of these Website Terms of Service is held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in that or any other jurisdiction.
(d) Our Affiliates, Suppliers and Licensors. Our affiliates, suppliers and licensors are intended third-party beneficiaries of these Website Terms of Service.
(e) No Waiver. Our failure or delay to exercise or enforce any right, remedy or provision of these Website Terms of Service or by law will not operate as a waiver of such right, remedy or provision.
(f) Notices. Where we need to send you notices under these Website Terms of Service or in connection with your use of the Website, you hereby consent to receive electronic notices from us, whether addressed to the email address associated with your account or another email address that you provide to us. To the maximum extent permitted by applicable local law, you acknowledge and agree that any communication via email or by postings on the Website satisfies any legal requirement that such communications be made in writing.
(g) Changes to Website and Amendments to these Website Terms of Service. To the maximum extent permitted by applicable local law, we may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, in whole or in part, at any time with or without notice to you, and we will not be liable for doing so. We reserve the right from time to time to modify these Website Terms of Service in our sole discretion. You should periodically review these Website Terms of Service so that you are aware of the terms and conditions that apply to your use of the Website. Your use of the Website after any modification constitutes your acceptance of the most recent version of these Website Terms of Service as modified.
(h) Assignment. These Website Terms of Service and all of your rights and obligations under it are not assignable or transferable by you without our prior written consent. We may freely assign or transfer these Website Terms of Service or any of our rights and obligations under it.
(i) Governing Law; Jurisdiction. To the maximum extent permitted by local laws, the laws of the State of New York, without regard to principles of conflict of laws, will govern these Website Terms of Service and any dispute or claim of any sort that might arise between you and Barnes & Noble.
Subject to Section 6 (Dispute Resolution) above and applicable local laws, we both agree that the federal and state courts of New York County, New York shall have the exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Website Terms of Service or their subject matter.
(j) Contact Information. For help with the Website or if you have any questions regarding these Website Terms of Service, please contact customer service at 1-855-310-8438.