User's Manual

88 Barnes & Noble NOOKcolor User Guide
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 THIS AGREEMENT. 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 is a
material inducement for the other party to enter into this Agreement. 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 con-
nection with this Agreement must be filed within one (1) calendar year after such claim or cause of action arises, or
forever be barred.
11. Termination of the Service.
(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 NOOKcolor 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 NOOKcolor. 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 telecommu-
nications 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 NOOKcolor. 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 re-
garding your NOOKcolor, 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 NOOKcolor;
provided, however, that the person to whom you transfer your NOOKcolor must register your NOOKcolor in their
name. You will be responsible for all use of your NOOKcolor until that NOOKcolor is registered in their name.
Similarly, if you lend your NOOKcolor to another person or another person otherwise uses your NOOKcolor, you
will be responsible for that person’s use of your NOOKcolor. 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 NOOKcolor 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