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NOOK User Guide Policies 190
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 connection 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 NOOK by following the process provided for on the Web Site.
(c) Eect 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 aect
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: Nook@barnesandnoble.com. 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
suce for notice under this paragraph. Notice will be eective 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