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Exclusion of Indirect Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER B&N
NOR ITS AFFILIATES NOR ITS LICENSORS WILL BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL,
SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT
DAMAGES ARISING FROM, RELATING TO OR CONNECTED WITH
YOUR PURCHASE OR USE OF YOUR NOOK, INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE OR LOST
DATA, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE
CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT
DEFECT OR MISREPRESENTATION, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OCCURRING, AND EVEN IF
ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above exclusion may not apply to you.
Applicable Law
This Limited Warranty is valid only in the United States of America. The
laws of the State of New York, U.S.A. will apply to this Limited Warranty,
though the laws of your state of residence may apply to any tort claims and
any claims under any consumer protection statutes, as provided under
applicable law.