User's Manual

nook User Guide Policies 178
(a) By Us. If we have a reasonable basis to believe that you have violated any term or
condition of this Agreement or may cause us, our suppliers or licensors, or another user of the
Service financial loss or legal liability, we may, in our sole discretion, upon notice to you, issue a
warning, temporarily suspend, indefinitely suspend or terminate any of your rights to use or access
all or any part of the Service.
(b) By You. You may terminate your use of the Service at any time by ceasing all use of the
Service and deregistering your
NOOK by following the process provided for on the Web Site.
(c) Eect of Termination. Following termination or suspension, you will not be permitted
to use the Service, though termination/suspension of your right to use the Service will not aect
your right to view Digital Content that you have already lawfully acquired and downloaded to your
NOOK. If your access to the Service is terminated or suspended, we reserve the right to exercise
whatever means we deem necessary to prevent unauthorized access to the Service, including, but
not limited to, technological barriers, IP mapping and our direct contacts with telecommunications
companies. This Agreement will survive indefinitely unless and until we choose to terminate it,
regardless of whether any account you open is terminated by you or us or if you have the right to
access or use the Service. You are responsible for payment of all outstanding balances accrued up
to and through the termination date. All amounts paid to us are non-refundable, unless otherwise
expressly provided for in this Agreement, the One-Year Limited Warranty, or the Terms of Use.
12. Notice. You hereby consent to receive electronic communications from us, whether
addressed to the email address associated with your Barnes & Noble.com account or other email
address that you provide to us, or sent directly to your
NOOK. You acknowledge and agree that
any communication via email, message to your device or by postings on the Web Site satisfies any
legal requirement that such communications be made in writing. You may give notice to us via email
to the following address:
[e-mail]. If you have general questions regarding
your
NOOK, you may also call 1-800-THE-BOOK or 1-201-438-1834, though such a call will not
suce for notice under this paragraph. Notice will be eective upon our sending or receipt of it, as
applicable.
13. Changes to Service; Amendment. We may, in our sole discretion, change, modify, suspend,
make improvements to or discontinue any aspect of the Service, temporarily or permanently, at any
time without notice to you, and we will not be liable for doing so.
14. Assignment. This Agreement and all of your rights and obligations under it may not be
assignable or transferable by you without our prior written consent. You may, however, sell, give
away, or otherwise transfer your
NOOK; provided, however, that the person to whom you transfer
your
NOOK must register your NOOK in their name. You will be responsible for all use of your
NOOK until that NOOK is registered in their name. Similarly, if you lend your NOOK to another
person or another person otherwise uses your
NOOK, you will be responsible for that person’s
use of your
NOOK. We may freely assign or transfer this Agreement or any of our rights and
obligations under it.
15. Additional Terms. This Agreement contains the entire understanding between you and us
regarding the use of your
NOOK and the Service, and supersedes all prior and contemporaneous
agreements and understandings between you and us regarding this subject matter. The provisions
of this Agreement are intended to be severable. If for any reason any provision of this Agreement