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These terms and conditions (this "Agreement") govern the Barnes & Noble Member Program. The Barnes & Noble Member Program is a joint loyalty program brought to you by Barnes & Noble Inc. and Barnesandnoble.com llc (collectively "we," "us," "our," "ours"). Purchase or use of any membership in the Barnes & Noble Member Program ("Membership") at any time subjects the purchaser or user ("you," "your," "yours," "Member") to the provisions of this Agreement.
1. BENEFITS.
2. CERTAIN CONDITIONS.
3. MEMBERSHIP FEE.
4. TERM; CONTINUOUS MEMBERSHIP; BILLING.
5. CANCELLATION; TERMINATION.
6. MEMBER PRIVACY POLICY.
7. DISCLAIMERS; LIMITATION OF LIABILITY.
8. GOVERNING LAW.
9. BINDING ARBITRATION.
10. ACKNOWLEDGMENT.
11. CHANGES TO THIS AGREEMENT.
(b) Member's everyday discount is only valid on eligible purchases at any Barnes & Noble Store and online at www.bn.com. The Member's everyday discount is not available on the purchase of any of the following items: Gift Cards; Online Gift Certificates; products or services provided online at www.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 Membership fees (new or renewal). Member's everyday discounts are also not available on purchases at Barnes & Noble College Bookstores.
(c) Member discounts will be applied after all other eligible discounts and deductions (e.g., non-Member discounts, coupons, seasonal sale discounts, etc.) are applied, except where otherwise noted.
(d) Member's everyday discount 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: educator 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) Memberships are non-transferable. When used online at www.bn.com, a Member number may only be associated with one www.bn.com account.
(f) We expect Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, email address, and telephone number. Members can change their account information by (i) updating Member profile data through an authenticated www.bn.com account, (ii) requesting an update from a Bookseller at the customer service information desk of any Barnes & Noble store, or (iii) calling us at 866-238-READ (Members located outside of the U.S. should call 201-272-3715). We cannot assume any liability for correspondence, mail or e-mail, that is lost, delayed, or misdirected.
Renewal Membership fees will be billed annually and automatically to the credit card we currently have on file, in the amount of the then current Membership fee on the first day of the month in which your current Membership or Renewal Membership term expires. When you enroll at a Barnes & Noble Store, the Renewal Membership fee will be billed to the credit card used to enroll in the Barnes & Noble Member Program, or the credit card we currently have on file which you provided to us at either the time of enrollment or the time of renewal. If you enroll online at www.bn.com and Continuous Membership is selected, the Renewal Membership fee will be billed to the credit card that is active in your www.bn.com account.
If you purchase a Membership at a Barnes & Noble Store you can cancel your Membership by presenting your Member card at any Barnes & Noble Store (a receipt is required as proof of purchase to receive a refund).
If you purchase your Membership online at www.bn.com, you can cancel your Membership by (i) calling us at 866-238-READ (Members located outside of the U.S. should call 201-272-3715) or (ii) contacting us via email at membership@barnesandnoble.com.
(b) We may terminate your Membership, including any associated accounts, 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. In the event of any such termination, you will be entitled to a pro rata refund of your Membership fee.
(c) We may terminate any or all of the benefits available under the Barnes & Noble Member Program at any time with or without notice. In the event of our termination of this program, at our election we will either maintain your Membership benefits until expiration of the Membership current term or refund each Member a pro rata portion of the Membership fee for the remaining portion of the current Membership term.
BARNES & NOBLE, INC., BARNESANDNOBLE.COM LLC, AND ALL OF THEIR 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 MEMBER PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE BARNES & NOBLE MEMBER 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 MEMBER 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 PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BARNES & NOBLE MEMBER 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 MEMBER PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE BARNES & NOBLE MEMBER PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE BARNES & NOBLE MEMBER 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.
This Agreement was last modified on September 17, 2007.
1. BENEFITS.
2. CERTAIN CONDITIONS.
3. MEMBERSHIP FEE.
4. TERM; CONTINUOUS MEMBERSHIP; BILLING.
5. CANCELLATION; TERMINATION.
6. MEMBER PRIVACY POLICY.
7. DISCLAIMERS; LIMITATION OF LIABILITY.
8. GOVERNING LAW.
9. BINDING ARBITRATION.
10. ACKNOWLEDGMENT.
11. CHANGES TO THIS AGREEMENT.
1. BENEFITS.
The Barnes & Noble Member Program entitles Members to the following benefits:
- Everyday discount as follows on eligible purchases made: (i) at Barnes & Noble, B. Dalton, Bookstop, Bookstar, Doubleday, Ink Newsstand, and Charlesbank stores ("Barnes & Noble Stores"); and (ii) online at Barnes & Noble.com including its mirror sites ("www.bn.com").
- 40% off the list price of the current hardcover Barnes & Noble Store Bestsellers. Applies to the 10 fiction hardcover bestsellers and 10 non-fiction hardcover bestsellers based on sales at Barnes & Noble stores and designated by Barnes & Noble from time to time
- 20% off the list price of all Barnes & Noble designated adult hardcover books. Does not include gift products (such as hardcover journals), hardcover books in the Barnes & Noble "bargain," "juvenile" or "Barnes & Noble Jr." areas.
- 10% off the marked Barnes & Noble sale price of other eligible items. Does not apply to hardcover Barnes & Noble Store Bestsellers or to Barnes & Noble designated adult hardcover books
- Periodic special promotions.
2. CERTAIN CONDITIONS.
(a) For any Member's discount or other benefit to apply, the Membership account must be active and available at the time of purchase. Members will NOT be reimbursed retroactively for purchases made without a Member discount at the time of purchase.(b) Member's everyday discount is only valid on eligible purchases at any Barnes & Noble Store and online at www.bn.com. The Member's everyday discount is not available on the purchase of any of the following items: Gift Cards; Online Gift Certificates; products or services provided online at www.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 Membership fees (new or renewal). Member's everyday discounts are also not available on purchases at Barnes & Noble College Bookstores.
(c) Member discounts will be applied after all other eligible discounts and deductions (e.g., non-Member discounts, coupons, seasonal sale discounts, etc.) are applied, except where otherwise noted.
(d) Member's everyday discount 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: educator 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) Memberships are non-transferable. When used online at www.bn.com, a Member number may only be associated with one www.bn.com account.
(f) We expect Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, email address, and telephone number. Members can change their account information by (i) updating Member profile data through an authenticated www.bn.com account, (ii) requesting an update from a Bookseller at the customer service information desk of any Barnes & Noble store, or (iii) calling us at 866-238-READ (Members located outside of the U.S. should call 201-272-3715). We cannot assume any liability for correspondence, mail or e-mail, that is lost, delayed, or misdirected.
3. MEMBERSHIP FEE.
The annual Membership fee is currently $25. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. The fee is not refundable unless the Membership is canceled during the first thirty (30) days of the Membership term (including any renewal term).4. TERM; CONTINUOUS MEMBERSHIP; BILLING.
The initial term of a Membership shall commence on the date it is purchased and continue until one year from the last day of the calendar month in which the Membership was purchased. Each Membership will automatically renew (therein referred to as a "Renewal Membership")each year for additional one-year periods commencing on the day after the anniversary of the last day of the calendar month in which the Membership was purchased (referred to as "Continuous Membership") unless (i) you elect a one-year Membership by opting out of Continuous Membership at enrollment; (ii) you pay for your Membership with cash, check, debit card (requiring a PIN), or Barnes & Noble Gift Card; (iii) you notify us by telephone, at 866-238-READ, of your decision to opt out of Continuous Membership; (iv) Member has elected to opt-out of Continuous Membership through an authenticated www.bn.com account, or (v) your Membership is cancelled or we terminate your Membership.Renewal Membership fees will be billed annually and automatically to the credit card we currently have on file, in the amount of the then current Membership fee on the first day of the month in which your current Membership or Renewal Membership term expires. When you enroll at a Barnes & Noble Store, the Renewal Membership fee will be billed to the credit card used to enroll in the Barnes & Noble Member Program, or the credit card we currently have on file which you provided to us at either the time of enrollment or the time of renewal. If you enroll online at www.bn.com and Continuous Membership is selected, the Renewal Membership fee will be billed to the credit card that is active in your www.bn.com account.
5. CANCELLATION; TERMINATION.
(a) You have the right to cancel your Membership at any time. If you cancel your Membership, you will only be entitled to a full refund of your Membership fee if you cancel during the first thirty (30) days of your initial or renewal Membership term. No refunds will be available after such thirty (30) day period (unless we terminate the Barnes & Noble Member Program; see Program Termination section below).If you purchase a Membership at a Barnes & Noble Store you can cancel your Membership by presenting your Member card at any Barnes & Noble Store (a receipt is required as proof of purchase to receive a refund).
If you purchase your Membership online at www.bn.com, you can cancel your Membership by (i) calling us at 866-238-READ (Members located outside of the U.S. should call 201-272-3715) or (ii) contacting us via email at membership@barnesandnoble.com.
(b) We may terminate your Membership, including any associated accounts, 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. In the event of any such termination, you will be entitled to a pro rata refund of your Membership fee.
(c) We may terminate any or all of the benefits available under the Barnes & Noble Member Program at any time with or without notice. In the event of our termination of this program, at our election we will either maintain your Membership benefits until expiration of the Membership current term or refund each Member a pro rata portion of the Membership fee for the remaining portion of the current Membership term.
6. MEMBER 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 at www.bn.com/membership or you may obtain a copy of it by calling 866-238-READ (Members located outside of the U.S. should call 201-272-3715). Courtesy copies are also available at Barnes & Noble Stores; but because of printing and distribution delays, always check the Member Program website (at www.bn.com/membership) for the most up-to-date version.7. DISCLAIMERS; LIMITATION OF LIABILITY.
USE OF THE BARNES & NOBLE MEMBER 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, INC., BARNESANDNOBLE.COM LLC, AND ALL OF THEIR 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 MEMBER PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE BARNES & NOBLE MEMBER 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 MEMBER 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 PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE BARNES & NOBLE MEMBER 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 MEMBER PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR THE BARNES & NOBLE MEMBER PROGRAM DATA; OR (iv) ANY OTHER MATTER RELATING TO THE BARNES & NOBLE MEMBER 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.
8. 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.9. BINDING ARBITRATION.
Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the Barnes & Noble Member Program shall be settled by arbitration 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, Inc. or Barnesandnoble.com llc from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).10. ACKNOWLEDGMENT.
This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of the Barnes & Noble Member Program with respect to the Barnes & Noble Member 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 Member Program is deemed to have accepted the terms and conditions of this Agreement.11. CHANGES TO THIS AGREEMENT.
We may change the terms of this Agreement at any time by posting a revised Agreement on the Member Program website located at www.bn.com/membership. We may also notify Members of such change in writing either by regular mail or via email to the email address in the Member's account. Any change shall take effect immediately, unless otherwise provided. You may view the current version of this Agreement at any time online at www.bn.com/membership or you may obtain a copy of it by calling 866-238-READ (Members located outside of the U.S. should call 201-272-3715). Courtesy copies are also available at Barnes & Noble Stores; but because of printing and distribution delays, always check the Member Program website (at www.bn.com/membership) for the most up-to-date version.This Agreement was last modified on September 17, 2007.
