Welcome to the Barnes & Noble, Inc. corporate website (the "Barnesandnobleinc.com website"), a site owned and operated by Barnes & Noble, Inc.

These Terms of Use, along with policies and guidelines located throughout the barnesandnobleinc.com website, identify what users of the Barnesandnobleinc.com website ("Users") can expect from Barnes & Noble, Inc., Barnes & Noble, Inc. Providers (as defined below) and the Barnesandnobleinc.com website, and what we expect from Users. By accessing any areas of the Barnesandnobleinc.com website, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the Barnesandnobleinc.com website.

1. PRIVACY POLICY
   Barnes & Noble respects the privacy of its Users. The terms and conditions of the Barnes & Noble Privacy Policy are incorporated herein by reference.
2. TRADEMARKS
   Barnes & Noble®, B. Dalton®, Discover Great New Writers®, Barnesandnobleinc.com®, barnesandnoble.com®, bn.com® and Barnes & Noble.com are all trademarks or service marks of Barnes & Noble, Inc. or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Barnes & Noble and its licensors used on the Barnesandnobleinc.com website may not be used without prior written consent of Barnes & Noble or its licensor, as the case may be. Without limiting the foregoing, no Barnes & Noble trademark or trade dress may be used in connection with any product or service that is not Barnes & Noble's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Barnes & Noble.
3. CONTENT  
   a. Proprietary Rights
   User acknowledges that the Barnesandnobleinc.com website contains content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All content is copyrighted as a collective work under the U.S. copyright laws, and Barnes & Noble owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software content shall be governed by the software license agreement accompanying such software.
   b. Export
   The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Barnesandnobleinc.com website to either a foreign national or a foreign destination in violation of such laws.
4. AGE OF USERS
   Barnes & Noble.com does not intend the Barnesandnobleinc.com website to be used by minors under the age of 13. Furthermore, Barnes & Noble.com does not market the Barnesandnobleinc.com website for use by minors under the age of 13. Barnes & Noble.com relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the Barnesandnobleinc.com website are appropriate for view or access by such Users.
5. TERMINATION OF USAGE 
   Barnes & Noble may suspend or terminate any User's access to all or any part of the Barnesandnobleinc.com website including any account thereon, without notice, for any reason in Barnes & Noble's sole discretion, including without limitation Barnes & Noble's belief that such access would violate any applicable law or would be harmful to the interests of any Barnes & Noble Provider or another User.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
   THE BARNESANDNOBLEINC.COM WEBSITE IS PROVIDED BY BARNES & NOBLE PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH BARNES & NOBLE.COM PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
   
   WITHOUT LIMITING THE FOREGOING, NO BARNES & NOBLE PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE BARNESANDNOBLEINC.COM WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE BARNESANDNOBLEINC.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE BARNESANDNOBLEINC.COM WEBSITE; OR (IV) THAT THE BARNESANDNOBLEINC.COM WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF BARNES & NOBLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
   
   NO BARNES & NOBLE PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE BARNESANDNOBLEINC.COM WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE BARNESANDNOBLEINC.COM WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY BARNES & NOBLE PROVIDER.
   
   UNDER NO CIRCUMSTANCES SHALL ANY BARNES & NOBLE PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE BARNESANDNOBLEINC.COM WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE BARNESANDNOBLEINC.COM WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BARNES & NOBLE’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AND SERVICES AVAILABLE THROUGH THE BARNESANDNOBLEINC.COM WEBSITE.
   
   NO BARNES & NOBLE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE BARNESANDNOBLEINC.COM WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH BARNES & NOBLE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   
   CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
7. SEVERABILITY  
   The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
8. APPLICABLE LAW; JURISDICTION 
   This site is created and controlled by Barnes & Noble, Inc. in the State of New York. As such, the laws of the State of New York will govern these Terms of Use, without giving effect to any principles of conflicts of laws.
9. BINDING ARBITRATION 
   Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the Barnesandnobleinc.com website or any Content of the Barnesandnobleinc.com website shall be settled by confidential arbitration in New York, New York administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Barnes & Noble from seeking any injunctive relief in State or Federal courts located in the State of New York for protection of Barnes & Noble's or Barnes & Noble licensor's intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.
10. ACKNOWLEDGMENT
    The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Barnes & Noble, Inc. regarding User's relationship with Barnes & Noble and supersedes any prior statements or representations. When using the Barnesandnobleinc.com website, USER AGREES TO BE BOUND BY THESE TERMS OF USE.
11. MODIFICATION 
    Barnes & Noble, Inc. reserves the right to make changes to the Barnesandnobleinc.com website, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on November 19, 2004.