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Welcome to the Barnes & Noble, Inc., corporate website ("Barnes & Noble” or the “Site"), a website owned and operated by Barnes & Noble, Inc.  This Site is intended to provide you with information about our company, including press releases, investor information, community giving and more.

These Terms of Use identify what users of the site ("Users") can expect from Barnes & Noble and the Site, and what we expect from Users. Your use of our Site constitutes your unconditional agreement to follow and be bound by these Terms of Use.By visiting any area of the Site, Users are deemed to have accepted these Terms of Use.  Barnes & Noble reserves the right to update or modify these Terms of Use at any time without prior notice.  Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Terms of Use as changed.

I.  USE OF THE SITE

All materials on this Site, including, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the "Content"), are intended solely for personal, non-commercial use. As a User of the Site, you may access, view, download, print or copy the Content and other materials displayed on the Site for your personal, non-commercial use only.  The User agrees that it shall not:

  • Modify, download, reproduce, copy, or resell the Site, the Content or any portion or derivative thereof;
  • Commercially use the Site, the Content or any portion derivative thereof;
  • Enable high volume, automated, electronic processes that apply to the Site or its systems, the Content or any portion or derivative thereof;
  • Use any robot, spider, data miner, crawler, scraper or other automated means to access or index the Site or its systems, the Content or any portion or derivative thereof for any purpose;
  • Interfere or attempt to interfere with the proper working of the Site;
  • Bypass any Barnes & Noble measures used to prevent or restrict access to any portion of the Site, the Content or any portion or derivative thereof;
  • Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Barnes & Noble;
  • Use the Barnes & Noble name, trademarks, services marks or logos in any meta tags or any other "hidden text" or
  • Compile, repackage, disseminate or otherwise use data extracted from the Site.

The foregoing are expressly prohibited; the right to do any of the foregoing shall require Barnes & Noble's express written consent (which may include a written agreement signed by an authorized representative of Barnes & Noble). Any unauthorized use of the Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by Barnes & Noble.

II. TRADEMARKS

Barnes & Noble or its subsidiaries, or affiliates, or third parties from whom Barnes & Noble has permission, own the trademarks or service marks that are used on the Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Barnes & Noble and its licensors 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.

III. TERMINATION OF USAGE

Barnes & Noble may suspend or terminate any User's access to all or any part of the Site  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 Barnes & Noble or another User.

IV. PRIVACY POLICY

Barnes & Noble respects the privacy of its Users. These Terms of Use include and incorporate the Barnes & Noble Privacy Policy.

V. INDEMNIFICATION

You agree to defend, indemnify and hold Barnes & Noble and its subsidiaries and affilitiates and their respective employees, directors, officers, agents, vendors or suppliers  harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

VI. DISCLAIMERS AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY BARNES & NOBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BARNES & NOBLE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, BARNES & NOBLE MAKES NO  REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE; (II) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF BARNES & NOBLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BARNES & NOBLE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF BARNES & NOBLE.

UNDER NO CIRCUMSTANCES SHALL BARNES & NOBLE , ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS  BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, 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.

NEITHER BARNES & NOBLE NOR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION ARISING FROM THE USE OF THE SITE EVEN IF AN AUTHORIZED REPRESENTATIVE OF BARNES & NOBLE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN 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.

VII. SEVERABILITY; WAIVER 

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.  The failure of Barnes & Noble to act with respect to a breach of these Terms of Use by User or others does not constitute a waiver and shall not limit Barnes & Noble’s rights with respect to such breach or any subsequent breaches.

VIII. 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. User agrees to submit to the nonexclusive personal jurisdiction of the courts located within New York County, New York, and waives any objection to the laying of venue of any litigation in said courts.

IX.  DISPUTE RESOLUTION

Any controversy or claim arising out of or relating to these Terms of Use (including any breach thereof), or the Site 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.

X. ACKNOWLEDGMENT

These Terms of Use represent the entire understanding between User and Barnes & Noble regarding User's relationship with Barnes & Noble and supersedes any prior statements or representations. When using the Site, User agrees to be bound by these Terms of Use.

XI. MODIFICATION

Barnes & Noble, Inc. reserves the right to make changes to the Site and these Terms of Use at any time without notice. These Terms of Use were last revised on November 11, 2011.