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Educator Program Terms & Conditions

THE BARNES & NOBLE EDUCATOR PROGRAM TERMS AND CONDITIONS

These terms and conditions (this "Agreement") govern the Barnes & Noble Educator Program. The Barnes & Noble Educator Program is a joint loyalty program brought to you by Barnes & Noble Inc. and Barnesandnoble.com llc (collectively "we," "us," "our," "ours"). By enrolling in this program you will be granted an account in the Barnes & Noble Educator Program ("Educator Account") and agree to the following Terms and Conditions. Use of the Barnes & Noble Educator Program or any Educator Account at any time subjects the user ("you," "your," "yours," "Educator") to these Terms and Conditions.

1. ELIGIBILITY

The Barnes & Noble Educator Program is eligible to:
  • Educators employed by an accredited pre-K through Grade 12 public, private, or parochial school. Those eligible include but are not limited to teachers, guidance counselors, principals, and reading coaches. (Substitute, student, and retired teachers are not eligible.)

    At enrollment and renewal Educators will be required to provide a valid school or institutional photo ID/pay stub to confirm employment at a school or eligible institution. If the school ID or other proof of employment provided does not contain a photo, a valid government-issued ID will be required in addition.
  • Homeschooling parents.
    At Enrollment and renewal homeschooling parents must provide photo ID and a letter with the following information: family name and address; name of homeschooling parent(s); grade level of each child being homeschooled.
2. BENEFITS.

The Barnes & Noble Educator Program entitles Educators to the following benefits:
  • Discount as follows on eligible purchases made: (i) at Barnes & Noble and Bookstar retail stores ("Barnes & Noble Stores"); and (ii) online at Barnes & Noble.com ("BN.com").
  • 20% off the list price of most hardcover and paperback books, toys, and games, for use in the classroom, unless otherwise noted.
  • Periodic special promotions.
3. ENROLLMENT.

Enrollment in the Barnes & Noble Educator Program is available at all Barnes & Noble and Bookstar retail stores. Enrollment is not available online at BN.com or at any Barnes & Noble College Bookstores or websites.

At enrollment and renewal Educators will be asked to provide proof of employment at a valid school or institution, as described in Section 1.

4. CERTAIN CONDITIONS.

(a)     Enrollment in the Barnes & Noble Educator Program is free, and there is no purchase necessary.

(b)     For any Educator discounts or other benefit to apply, the Educator Account must be active and available at the time of purchase. Educators will NOT be reimbursed retroactively for purchases made without an active Educator Account at the time of purchase.

(c)     Educator discounts are only valid on eligible purchases at Barnes & Noble Stores and online at BN.com. Educator discounts are not available on the purchase of any of the following: Café items; Music; DVDs; Blu-ray Discs; Gift Cards; eGift cards; periodicals; textbooks; digital content (including but not limited to eBooks, digital magazines, and periodicals); NOOK® or NOOK related accessories; other hardware and electronics; software; Rosetta Stone product; downloadable audiobooks in MP3 or any other format; products or services provided online at BN.com via Barnes & Noble BookQuest LLC (including without limitation PC & Video Games or used, rare and out-of-print books); gift-wrapping fees; shipping or handling fees; or Barnes & Noble Membership fees (new or renewal). Educator discounts are also not available on purchases at any Barnes & Noble College Bookstores or websites.

(d)     Educator discounts cannot be used in conjunction with any coupons or with any corporate or prearranged group discounts, unless specifically stated. Such exclusion includes the following, without limitation: Barnes & Noble Member discounts; employee or organizational discounts; library discounts; government discounts; Student Advantage discounts; in-store corporate discounts; in-store institutional discounts; and in-store or online volume order discounts.

(e)     Educator Accounts are for individual use only and are non-transferable. When used online at BN.com, an Educator number may only be associated with one BN.com account.

(f)     We expect Educators to submit and maintain accurate and current user information in connection with their Educator Accounts. Such information includes name, address, e-mail address, telephone number, and information about their school or institution. Periodically we may utilize the National Change of Address (NCOA) system to update the home mailing address of Educator Accounts in our database, through information provided by the United States Postal Service. Educators can change their Educator Account information by requesting an update from a Bookseller at the customer service information desk of any Barnes & Noble store. We cannot assume any liability for correspondence, mail or e-mail that is lost, delayed, or misdirected.

5. TERM.

The Educator Account term is two years from the date of enrollment. Renewals within a current term extend the existing expiration date by two years. When an expired Educator Account is renewed, the new Educator term is two years, beginning on the date of renewal.

An Educator Account may be renewed at any time at all Barnes & Noble and Bookstar stores. Renewal is not available online at BN.com, or at any Barnes & Noble College Bookstores or websites.

6. CANCELLATION; TERMINATION.

(a)     You have the right to cancel your Educator Account at any time. If you cancel your Educator Account it will be deactivated.

(b)     We may terminate your Educator Account at any time without notice, for any reason at our sole discretion, including without limitation our belief that continued use of such Educator Account would violate any provisions of these Terms and Conditions, applicable law, or otherwise be harmful to our interests.

(c)     We may terminate any or all of the benefits available under the Barnes & Noble Educator Program at any time with or without notice for any reason in our sole discretion.

7. PRIVACY POLICY.

As an Educator, 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 at BN.com or you may obtain a copy of it by calling Customer Service at 1-800-THE-BOOK.

8. DISCLAIMERS; LIMITATION OF LIABILITY.

USE OF THE BARNES & NOBLE EDUCATOR PROGRAM AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE EDUCATOR BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

BARNES & NOBLE, INC., BARNESANDNOBLE.COM LLC, AND ALL OF THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY "EDUCATOR PROVIDERS") MAKE NO WARRANTY THAT (i) THE BARNES & NOBLE EDUCATOR PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE BARNES & NOBLE EDUCATOR 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 THROUGH YOUR USE OF THE BARNES & NOBLE EDUCATOR PROGRAM WILL MEET YOUR EXPECTATIONS.

EDUCATOR 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 EDUCATOR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BARNES & NOBLE EDUCATOR 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 EDUCATOR PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF BARNES & NOBLE EDUCATOR PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE BARNES & NOBLE EDUCATOR PROGRAM.

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.

9. 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.

10. CHANGES TO TERMS AND CONDITIONS.

We may change these Terms and Conditions at any time without notice or liability by posting a revised Agreement on the Educator Program website located at BN.COM/educator. Any change shall take effect immediately, unless otherwise provided. You may view the current version of these Terms and Conditions at any time online at BN.COM/educator. You may also obtain a copy at any Barnes & Noble store or by calling Customer Service at 1-800-THE-BOOK.

This Agreement was last modified on February 26, 2013.