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* Rewards can be redeemed as follows:
> Members can redeem a Reward at any time during operating hours at B&N/PS
> stores or at any time the BN.com site is operative. In B&N/PS Stores, you
> must present your physical or virtual Membership card to redeem Rewards.
>
> Rewards may be applied to any eligible purchase in a B&N/PS store or
> through BN.com. Rewards are applied after all eligible discounts
> (including the Premium Membership Everyday Discount and coupons) are
> applied.
>
> Rewards cannot be applied to instant purchases made on device or BN.com.
> Rewards can only be applied to eligible digital content purchases via
> cart transactions on BN.com. Excluded items and other charges for which
> Rewards may not be applied are: Premium Membership fees (new or renewal);
> Gift Cards; electronic Gift Cards; instant purchases of eBooks/digital
> content made on device or BN.com; Digital Newsstand subscriptions;
> Digital Audiobook subscriptions; Digital Audiobooks purchased with
> credits; hardware and electronics (other than NOOK devices); gratuities
> applied to B&N Café purchases; B&N Kitchen items; textbook purchases on
> BN.com from 3rd parties; gift-wrapping for purchases made on BN.com;
> shipping; other fees; taxes; and purchases made on BN.com. We shall have
> the right to exclude any other items at any time at our sole discretion.
>
> The value of Rewards redeemed in a transaction is applied as a discount
> proportionally across all eligible items. For example, if a $16 item and
> a $24 item are purchased, and $5 in Rewards are applied to the
> transaction, a $2 discount is applied to the first item and a $3 discount
> is applied to the second.
>
> We reserve the right to restrict the redemption of more than $1,000 in
> Rewards by one Member in any 30-day period.
* Periodic special offers and promotions at B&N/PS Stores and on BN.com.
Certain Conditions:
* Stamps have no cash redemption value and cannot be exchanged, sold or
transferred.
* The email address in the Member profile must be valid for Rewards to be
redeemed. Members with an unconfirmed email address will receive an email to
the email address associated with the Member’s account requesting they
confirm the validity of that email address.
* Stamps and Rewards may not be transferred to another Membership account.
* Stamps and Rewards cannot be earned or redeemed in conjunction with employee
discounts, or any corporate, institutional or prearranged group discounts,
unless specifically stated.
* We will deduct Stamps from a Membership account when a product earning Stamps
is returned. The Barnes & Noble Returns Policy (bn.com/returns) applies to
all returns of purchases made at B&N Stores and bn.com, and the Paper Source
Returns Policy (papersource.com/customer-return) applies to all returns of
purchases made at Paper Source stores.
When all products earning Stamps in a transaction are returned for the full
value, all Stamps issued in the original transaction will be deducted from
the Member account up to the amount in the current Stamps balance.
When only some of the items in a transaction are returned, the items are
subtracted from the eligible items total of the original transaction and the
number of Stamps recalculated. If the new total results in fewer Stamps than
were issued in the original, the difference will be deducted from the
account. For example: in an original transaction, the purchase of a $25 item
and an $8 item totals $33, resulting in 3 Stamps being issued. If the $8 item
is returned, the recalculated eligible items total is $25, equating to only 2
Stamps. The difference between the original and recalculation is 1 stamp,
which will be deducted from the account.
* We will partially or fully restore Rewards to the Member’s account if there
are product returns from a transaction in which Rewards were redeemed.
For example, if a $16 item and a $24 item are purchased, and $5 in Rewards
are applied to the transaction, a $2 discount is applied to the first item
and a $3 discount is applied to the second. If the $16 item is returned, $2
in Rewards are returned to the account.
* If a Reward has been redeemed in the transaction, the qualifying order total
for Free Standard Shipping on BN.com is calculated prior to the Rewards
discount being applied. For details, refer to bn.com/membershipping.
* Any Rewards earned will not expire unless the Membership has been cancelled
or terminated. Stamps do not expire except if there has been no qualifying
activity for a period of 12 consecutive months or the Membership account has
been cancelled.
PREMIUM MEMBERSHIP: $39.99 annual fee.
Upon selecting Premium Membership, your account will remain active unless
otherwise cancelled by you (see Section 6 below ) or terminated by us in our
sole discretion (see Sections 7 and 8 below), or your Premium Membership expires
and your Membership converts to Rewards Membership.
Benefits:
* 10% off the sale price on eligible purchases made only at B&N/PS Stores and
on BN.com (the “Everyday Member Discount”).
* Free Standard Shipping with no minimum purchase on eligible purchases made on
BN.com and on ship-to-home orders placed at B&N Stores. For details and
exclusions, refer to bn.com/membershipping.
* All the benefits of Rewards Membership are included in Premium Membership.
For details and exclusions, see the Rewards Membership Benefits and Certain
Conditions sections above.
* A birthday offer for the Member’s birthday delivered by email.
* A birthday offer delivered by email for each child turning 12 years old or
younger in the Premium Member’s profile.
* A size upgrade at no additional charge on any prepared beverage in Barnes &
Noble Cafés applied as a discount on the ordered beverage to the price of the
next smaller size (if available). Limit one (1) beverage upgrade per visit.
Applies to the base price of the beverage; additions and toppings are charged
separately. If multiple beverages are ordered, the beverage with the largest
difference in price between ordered size and next smaller size is discounted.
The Everyday Member Discount will be applied to the discounted price of the
upgraded beverage. By way of example:
> When a Tall beverage is ordered, Member will be charged the price of a Tall
> beverage, less the Everyday Member Discount. (Tall is the smallest beverage
> size available).
>
> When a Grande beverage is ordered, Member will be charged the price of a
> Tall beverage, less the Everyday Member Discount.
>
> When a Venti beverage is ordered, Member will be charged the price of a
> Grande beverage, less the Everyday Member Discount.
>
> When a Trenta beverage is ordered, Member will be charged the price of a
> Venti beverage, less the Everyday Member Discount.
* One (1) tote bag from the assortment designated for Members for each year of
Premium Membership.
Members are eligible to receive a tote bag upon initial payment of the
Premium Membership fee, and thereafter shall be eligible to receive a tote
bag for each renewal term upon payment of the Premium Membership fee.
The tote bag must be picked up at any B&N or Paper Source store with proof of
Membership, within 12 months of payment of the Premium Membership term.
* Periodic special offers and promotions at B&N/PS Stores and on BN.com.
* Early and exclusive access to special titles and events.
Certain Conditions:
* The Everyday Member Discount is not available on products featured in certain
designated promotions or sales, or on the following items and other charges:
Gift Cards; eGift Cards; eBooks/digital content; Digital Newsstand; Digital
Audiobooks; other hardware and electronics; software; gratuities applied to
B&N Café purchases; textbook purchases on BN.com from 3rd parties;
gift-wrapping fees for purchases made on BN.com; shipping and handling fees;
Premium Membership fees (new or renewal); taxes; and purchases made on
papersource.com.
* The 10% Member Discount on NOOK devices is applied to the list price of the
device, not the sale price. In the event of a promotion that reduces the
selling price in excess of 10% off the list price, Members will be charged
the lower of the two prices.
* Where applicable, the Everyday Member Discount will be applied after all
other eligible discounts and deductions are applied, except for coupons and
Rewards or where otherwise stated. Coupon and Rewards discounts will be
applied after the Everyday Member Discount.
* The Everyday Member Discount cannot be used in conjunction with any coupons
or in conjunction with employee discounts, or any corporate, institutional or
prearranged group discounts, unless specifically stated.
* To receive the Premium Membership birthday offer, Premium Members must
provide the month and day of their birthday, as well as have a valid email
address in their profile. The Premium Member will be sent the birthday offer
email each year, assuming the Premium Membership is active as of the first
day of the month of the Member’s birthday.
* To receive the birthday offer for each child on the Premium Membership
profile turning 12 years old or younger, the Premium Membership profile must
contain a valid email address and day and month of each child’s birthday. A
child’s profile information may be added or updated in the “Children” section
of the Premium Membership profile on BN.com. For each child the offer will be
sent each year, assuming the Premium Membership remains active.
PREMIUM MEMBERSHIP FEE.
The annual Premium Membership fee is $39.99. Membership fees are subject to
taxation in accordance with applicable federal or state law. We reserve the
right in our sole discretion to change the Premium Membership fee at any time,
but changes will apply only to new and renewal Premium Memberships.
Premium Membership fees are not refundable, except within thirty (30) days of
the purchase date of the new or renewal Premium Membership or the Automatic
Renewal charge date of the Premium Membership and i) you did not use your
Premium Membership to obtain an eligible discount or benefit during the new or
renewal Premium Membership term, or ii) your Membership was renewed during your
current Membership term and the renewal Membership term has not yet started and
you did not use your Premium Membership to obtain an eligible benefit. No
refunds will be available after such thirty (30) day period (unless we terminate
Premium Membership in its entirety; see Section 7 below). In the event the
Premium Membership fee is refunded, the Premium Membership will be converted to
the Rewards Membership level immediately.
PREMIUM MEMBERSHIP TERM.
For new Premium Members, including customers whose Legacy Membership has expired
and are joining Premium Membership, the Premium Membership Term shall expire 12
months from the date of purchase of Premium Membership.
For active Legacy Members who upgrade to Premium Membership, the Premium
Membership Term shall expire 12 months from the expiration date of the Legacy
Member’s current term and a credit card is required upon enrollment for
automatic renewal.
For active Rewards Members upgrading to Premium Membership, the Premium
Membership Term shall expire 12 months from the date of purchase of Premium
Membership.
For active Premium Members, a renewal or automatic renewal extends the existing
expiration date of the Premium Membership by 12 months; the Premium Membership
Term shall begin the day after the expiration date of the Member’s current term.
2. UPGRADING TO PREMIUM MEMBERSHIP OR TO REWARDS MEMBERSHIP FROM AN EXISTING
LEGACY MEMBERSHIP.
Members with an active-status Legacy Membership (“Legacy Members”), may choose
to upgrade either to Premium Membership or to Rewards Membership at B&N/PS
Stores or on BN.com:
Active Legacy Members Choosing to Upgrade to Premium Membership:
You can upgrade your active Legacy Membership to Premium Membership, with
Premium Membership benefits replacing the existing Legacy Membership benefits as
of the date of the upgrade. If the upgrade occurs with more than 30 days
remaining in your current Legacy Membership term, the Premium Membership fee
will not be charged in the upgrade transaction but will be charged in accordance
with the standard automatic renewal process (see Section 4 Premium Membership
Term; Automatic Renewal; Billing) no more than 30 days prior to the expiration
of the current Membership term for the next full 1-year term of Membership. The
free tote bag benefit is available upon first payment of the Premium Membership
fee. If the upgrade occurs with 30 or less days remaining in your current Legacy
Membership term, the annual Premium Membership fee will be charged in the
upgrade transaction and apply to a one-year term of Premium Membership, which
will begin the day after your current term ends and expire 12 months from your
current expiration date.
Premium Memberships enrolled in automatic renewal will be auto renewed for
subsequent 1-year terms of Premium Membership no more than 30 days prior to the
expiration date as set forth in Section 4 Term; Automatic Renewal; Billing
below.
Active Legacy Members Choosing to Upgrade to Rewards Membership:
If you upgrade your active Legacy Membership to Rewards Membership, you will
receive the benefits of both Legacy Membership and Rewards Membership from the
date of the upgrade through the end of your current Legacy Membership term at no
additional cost. Upon expiration of the Legacy Membership term you will only
receive the benefits of Rewards Membership.
Active Legacy Members Who Do Not Upgrade to Premium Membership or to Rewards
Membership:
For Legacy Members who do not upgrade to Premium Membership or Rewards
Membership and who are enrolled in automatic renewal, 30 days prior to your
expiration date your Membership will be automatically charged for an additional
12-month term of Legacy Membership to begin after your current term ends unless
you choose to opt out of automatic renewal at any time prior to the charge.
For Legacy Members who do not select Premium Membership or Rewards Membership
and are not enrolled in automatic renewal, your Membership will expire at the
end of your Legacy Membership term
Legacy Memberships shall continue to be governed by the Barnes & Noble
Membership Terms and Conditions (bn.com/legacyterms) modified October 16, 2019
with the exception of Section 4 which is null and void.
3. MEMBERSHIP PROGRAM UPGRADE AND CONVERSION.
Upgrading from Rewards Membership to Premium Membership: A Membership account in
the Rewards Membership level may upgrade to the Premium Membership level, and
will receive benefits in accordance with that level upon payment of the annual
Premium Membership fee.
Converting from Premium Membership to Rewards Membership: If a Premium
Membership term expires, the Membership account will immediately convert to the
Rewards Membership level and the Member will receive benefits in accordance with
that level.
Existing unexpired Stamps and Rewards shall continue in full force and effect
through any upgrade to Premium Membership or conversion to Rewards Membership so
long as the Membership account status remains active.
4. AUTOMATIC RENEWAL; BILLING.
EACH PREMIUM MEMBERSHIP WILL AUTOMATICALLY RENEW (“AUTOMATIC RENEWAL”) EACH YEAR
FOR ADDITIONAL 12-MONTH PERIODS THAT COMMENCE ON THE DAY AFTER THE PREVIOUS
PREMIUM MEMBERSHIP TERM ENDS UNLESS (I) YOU HAVE ELECTED TO OPT OUT OF AUTOMATIC
RENEWAL AFTER YOUR ENROLLMENT (SEE INSTRUCTIONS BELOW ON HOW YOU OPT OUT OF
AUTOMATIC RENEWAL) OR (II) YOUR PREMIUM MEMBERSHIP IS CANCELLED OR TERMINATED.
When you join Premium Membership and are enrolled in Automatic Renewal and do
not opt out of Automatic Renewal prior to your renewal date, or if you have last
renewed your Premium Membership in store or on BN.com and your account shows
that you have not opted-out of Automatic Renewal, upon your next and subsequent
renewals, no more than 30 days prior to your Premium Membership expiration date
the then-current Premium Membership fee will be billed to: (i) the form of
payment we currently have on file for you that was used to join or renew the
Premium Membership in store; (ii) the form of payment we currently have on file
for you that was active in your BN.com account at the time of joining or
renewing the Premium Membership on BN.com; (iii) the form of payment we
currently have on file for you that you provided to us when making a purchase
with your Member card on BN.com; (iv) the form of payment we currently have on
file for you that you updated through your BN.com account or by contacting
Member Services; or (v) the form of payment we currently have on file for you
that was updated by the applicable payment service provider, and to which you
authorize us to continue to charge the Premium Membership fee.
You may opt out of Automatic Renewal as follows:
1. By visiting bn.com/memberautorenewal and notifying us you want to opt out of
automatic renewal; or
2. By updating your Member profile through your BN.com account to reflect you
do not want Automatic Renewal;
or
3. By asking a Bookseller at the customer service information desk at any
Barnes & Noble, B. Dalton or Bookstar store, or an Associate at a Paper
Source store for assistance opting out of Automatic Renewal.
If you have opted out of Automatic Renewal, you may re-enroll in Automatic
Renewal by updating your Member profile through your BN.com account.
5. MEMBER INFORMATION.
Members are responsible for submitting and maintaining accurate and current user
information in connection with their Membership. Such information may include
name, physical address, email address, and any other information we may require
from time to time. Periodically we will utilize the National Change of Address
(NCOA) database through information provided by the United States Postal Service
to update the mailing address of accounts in our database. Members can change
their account information by (i) updating Member profile data through an
authenticated BN.com account, (ii) requesting an update from a Bookseller at the
customer service information desk of any Barnes & Noble Store or an Associate at
any Paper Source Store, or (iii) emailing Member Services at membership@bn.com.
We cannot assume any liability for correspondence, mail or email that is lost,
delayed, or misdirected.
Memberships are for individual use only and are non-transferable. Members are
not permitted to purchase products for the purpose of resale, rental, or to ship
to their customers or potential customers using Membership benefits. An email
address may be associated with only one Membership account. For use on BN.com, a
Membership may be associated with only one BN.com account.
6. CANCELLATION BY MEMBER.
You have the right to cancel your Rewards Membership or Premium Membership at
any time by contacting Member Services at membership@bn.com and notifying us
that you want to cancel your Rewards Membership or your Premium Membership. In
the event of cancellation, the Membership account is terminated, effective
immediately, and can no longer be used. Any Stamps and Rewards on your account
expire as of the cancellation. You will not be entitled to a refund of the
Premium Membership fee except as set forth in Section 1 Program Levels and
Benefits.
7. OUR TERMINATION OF MEMBER’S ACCOUNT.
We may terminate your Premium Membership or Rewards Membership without notice,
for any reason in our sole discretion, including without limitation our belief
that continued use of such Membership would violate any provisions of this
Agreement, applicable law, or otherwise be harmful to our interests or another
user.
In the event of any such termination, you will not be entitled to a refund of
your Premium Membership fee and any accumulated Stamps or Rewards balance will
be forfeited.
8. TERMINATION OF MEMBERSHIP BENEFITS OR PROGRAM.
We may terminate the Membership Program or any or all Membership benefits at any
time with or without notice.
In the event of the termination of the Premium Membership program, at our
election, we will either maintain your Premium Membership benefits until the
expiration of a Member’s Premium Membership current term or refund each Premium
Member a pro rata portion of the Premium Membership fee for the remaining
portion of the current Premium Membership term.
In the event of our termination of Rewards Membership, the Rewards Membership
benefits, including any Stamps accumulated or Rewards earned, will end as of the
program termination date.
9. PRIVACY POLICY.
As a Member, the information we capture will be subject to the Barnes & Noble
Privacy Policy as amended from time to time in accordance with its terms. You
may view the current version of the Barnes & Noble Privacy Policy at any time
online on bn.com/privacy or you may obtain a copy by emailing Member Services at
membership@bn.com.
10. DISCLAIMERS; LIMITATION OF LIABILITY.
USE OF THE BARNES & NOBLE/PAPER SOURCE MEMBERSHIP PROGRAM AND ANY OF ITS
ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS.
BARNES & NOBLE BOOKSELLERS, INC. AND ALL OF ITS RESPECTIVE AFFILIATES,
DIRECTORS, OFFICERS AND AGENTS (COLLECTIVELY “MEMBERSHIP PROVIDERS”) EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MEMBERSHIP PROVIDERS MAKE NO WARRANTY THAT (i) THE BARNES & NOBLE/PAPER SOURCE
MEMBERSHIP PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE BARNES & NOBLE/PAPER
SOURCE MEMBERSHIP PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE BARNES & NOBLE/PAPER SOURCE
MEMBERSHIP PROGRAM WILL MEET YOUR EXPECTATIONS.
MEMBERSHIP PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
MEMBERSHIP PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BARNES & NOBLE/PAPER
SOURCE MEMBERSHIP PROGRAM OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA
THE USE THE BARNES & NOBLE/PAPER SOURCE MEMBERSHIP PROGRAM; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR THE BARNES & NOBLE/PAPER SOURCE MEMBERSHIP
PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE BARNES & NOBLE/PAPER
SOURCE MEMBERSHIP PROGRAM. THIS LIMITATION OF LIABILITY WILL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF
YOUR MEMBERSHIP.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY
TO YOU.
11. GOVERNING LAW.
This Agreement, and the respective rights and obligations of the parties
hereunder, shall be governed by, and construed in accordance with, the laws of
the State of New York, without regard to conflict of law principles.
12. DISPUTE RESOLUTION.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND BARNES & NOBLE
BOOKSELLERS, INC. TO AGREE TO ARBITRATE CERTAIN DISPUTES. AND CLAIMS AND LIMITS
THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES
YOU AND BARNES & NOBLE BOOKSELLERS, INC. FROM SUING IN COURT OR HAVING A JURY
TRIAL. YOU AND BARNES & NOBLE BOOKSELLERS, INC. AGREE THAT ARBITRATION WILL BE
SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR
ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. BARNES & NOBLE BOOKSELLERS, INC.
AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF
ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR
ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.
Any dispute or claim arising from, relating to, or connected with these Terms,
the Barnes & Noble/Paper Source Membership Program, and/or any Barnes &
Noble/Paper Source Member account (each a “Claim”) will be resolved by binding
arbitration (rather than in court). All Claims submitted to arbitration under
these Terms will be administered by the American Arbitration Association (“AAA”)
under its Commercial Arbitration Rules (including the Supplementary Procedures
for Consumer-Related Disputes, if applicable), and judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof. The place of arbitration shall be the State of New York or, where
limited by applicable law, the jurisdiction in which you reside or may be
conducted by telephone, online or based solely upon written submissions where no
in-person appearance is required. Notwithstanding this Section 12, we may bring
a Claim for injunctive or other equitable relief in any court of competent
jurisdiction as necessary to enforce our intellectual property rights or those
of our affiliates, suppliers, or licensors.
FEDERAL ARBITRATION ACT. These Terms affect interstate commerce, and the
enforceability of this Section 12 will be substantively and procedurally
governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1, et seq., to the
extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules,
the arbitrator will have exclusive authority to make all procedural and
substantive decisions regarding any dispute and to grant any remedy that would
otherwise be available in court, including the power to determine the question
of arbitrability.
ONE YEAR TO ASSERT CLAIMS. To the extent permitted by law, any Claim by you or
Barnes & Noble Booksellers, Inc. relating in any way to these Terms, our
Membership Program, or any aspect of the relationship between you and Barnes &
Noble Booksellers, Inc. as relates to these Terms, or our Membership Program,
must be filed within one year after such Claim arises; otherwise, the Claim is
permanently barred, which means that you and Barnes & Noble Booksellers, Inc.
will not have the right to assert the Claim.
WAIVER OF CLASS ACTIONS. We each agree that any Claim will be arbitrated or
litigated, as the case may be, on an individual basis and shall not be
consolidated with any Claim of any other party whether through class action
proceedings, class arbitration proceedings or otherwise. WE EACH AGREE THAT WE
ARE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT WE MAY HAVE TO A
JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO OR IN
CONNECTION WITH THESE DIGITAL CONTENT TERMS OF SALE.
OPTION TO OPT-OUT. You have the right to opt out of binding arbitration within
30 days of the date that you become a Member (unless a longer period is required
by applicable law). In order to be effective, your written notification to
Barnes & Noble Booksellers, Inc., Attention: Legal Department to 33 East 17th
St., New York, New York, 10003, and your written notification must include your
name, mailing address, and email address. The notice must clearly indicate your
intent to opt-out of this binding arbitration. By opting out of binding
arbitration, you are agreeing to resolve disputes in accordance with Section 11.
REJECTION OF FUTURE ARBITRATION CHANGES. You may reject any change we make to
Section 12 (except address changes) by personally signing and sending us notice
within 30 days of the change via email at legalnotices@bn.com or by certified
mail addressed to Barnes & Noble Booksellers, Inc., Attention: Legal Department
to 33 East 17th St., New York, New York 10003. If you do, the most recent
version of Section 12 before the change you rejected will apply.
You acknowledge and agree that, regardless of any statute or law to the
contrary, any Claim or cause of action you may have must be filed within one (1)
calendar year after such Claim or cause of action arises, or forever be barred.
For purposes of any Claim that is not subject to the arbitration procedures in
this Section 12, we both agree to the governing law and jurisdiction as set out
in Section 11 above.
13. ACKNOWLEDGEMENT.
This Agreement, including all documents referenced herein, represents the entire
understanding between us and any user of the Barnes & Noble/Paper Source
Membership Program with respect to the Barnes & Noble/Paper Source Membership
Program and supersedes any other agreements, statements or representations.
Headings used in this Agreement are for reference only and shall not affect the
meaning of any terms. Any user of any portion of the Barnes & Noble/Paper Source
Membership Program is deemed to have accepted these Terms.
14. CHANGES TO THE AGREEMENT.
We may change these Terms at any time without notice or liability by posting a
revised Agreement located on bn.com/membershipterms. If any change to these
Terms is found invalid, void, or for any reason unenforceable, that change is
severable and does not affect the validity and enforceability of any remaining
changes or conditions. Any change shall take effect immediately, unless
otherwise provided. YOUR CONTINUED MEMBERSHIP AFTER WE CHANGE THESE TERMS
CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. You may view the current version of
this Agreement at any time online on bn.com/membershipterms. You may also obtain
a copy at any B&N or Paper Source Store or by emailing Member Services at
membership@bn.com.
This Agreement was last modified on October 25, 2023. Solely with the exception
of Legacy Memberships, these Terms replace in full the previous Barnes & Noble
Membership Terms and Conditions last modified September 7, 2023. Legacy
Memberships shall continue to be governed by the Barnes & Noble Membership Terms
and Conditions (bn.com/legacyterms) modified October 16, 2019 with the exception
of Section 4 which is null and void.
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