User's Manual

nook User Guide Policies 173
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NOOK™ Terms of Service
These Terms of Service (this “Agreement”) is a legally binding agreement made by and between
Barnes & Noble, Inc. (“we,” “us,” or “our”) and you regarding your use of your
NOOK™ eReader
(“
NOOK”).
THIS AGREEMENT SETS FORTH THE RIGHTS AND OBLIGATIONS APPLICABLE TO THE
USE OF YOUR NOOK, SO PLEASE READ IT CAREFULLY BEFORE USING YOUR NOOK. BY
USING YOUR NOOK, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO
BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MUST
RETURN YOUR NOOK AND RELATED SOFTWARE AS PROVIDED IN SECTION 1(b) BELOW.
1. Using Your
NOOK.
(a) Your
NOOK, the Service and Digital Content. Your NOOK is an electronic device that is
designed to allow you to read digitized electronic content such as eBooks and digital periodicals
(“Digital Content”). Your NOOK is also designed to connect wirelessly to the Internet to enable
you to browse, preview, search for, purchase and download Digital Content; access the Barnes &
Noble.com Web Site (the “Web Site”); and access, use, and participate in other services, features,
functions and promotions (collectively, the “Service”).
(b) Returns. You may return your
NOOK (and any related accessories and documentation
that were shipped with your
NOOK) within fourteen (14) days of the date of purchase (sixty (60)
days with a gift receipt) for a refund of its purchase price; provided that you return your
NOOK
(including any included accessories and peripherals) in its original packaging and in undamaged
condition. The procedures for contacting us to arrange for a return are provided in the One Year
Limited Warranty. Unless we determine that your
NOOK is covered by the One Year Limited
Warranty, a ten percent (10%) restocking fee will be deducted from the refund if the package has
been opened. If you discover a defect in your
NOOK after fourteen (14) days (sixty (60) days with
a gift receipt), your rights to receive a replacement
NOOK or a refund are provided in the One Year
Limited Warranty.
(c) Terms of Use. You must open a Barnes & Noble.com account and register your
NOOK
in accordance with the Terms of Use on the Web Site (the “Terms of Use”) in order to use the
Service. In your use of the Service, in particular, your downloading and use of Digital Content, you
must comply with the Terms of Use and any terms applicable to any Digital Content that you obtain
from a third party. The Terms of Use will apply when you access the Web Site in connection with
using your
NOOK.