User's Manual

nook User Guide Policies 196

WHAT OTHER LEGAL TERMS APPLY TO THIS LIMITED WARRANTY?

Disclaimer

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY AND THE

REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES,

REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS

OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, B&N SPECIFICALLY

DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS NOT EXPRESSLY PROVIDED

FOR IN THIS LIMITED WARRANTY, INCLUDING, WITHOUT LIMITATION, WARRANTIES

OF MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, FITNESS FOR A PARTICULAR

PURPOSE AND AGAINST HIDDEN OR LATENT DEFECTS.

Modiﬁcation

No employee or representative of B&N or its aliates or any third party is authorized to make any

modiﬁcation, extension or addition to this Limited Warranty. If any term of this Limited Warranty

is held to be illegal or unenforceable, the remaining terms of this Limited Warranty will remain in

full force and eect.

Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER B&N NOR ITS AFFILIATES

NOR ITS LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY

CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES

ARISING FROM, RELATING TO OR CONNECTED WITH YOUR PURCHASE OR USE OF

YOUR

NOOK, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE OR

LOST DATA, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED,

INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY,

PRODUCT DEFECT OR MISREPRESENTATION, EVEN IF ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES OCCURRING, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL

PURPOSE.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the

above exclusion may not apply to you.

Applicable Law

This Limited Warranty is valid only in the United States of America. The laws of the State of New

York, U.S.A. will apply to this Limited Warranty, though the laws of your state of residence may

apply to any tort claims and any claims under any consumer protection statutes, as provided under

applicable law.