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.

AT&T Terms of Service & Acceptable Use Policy

The following AT&T Terms of Service & Acceptable Use Policy governs your use of AT&T Wi-Fi hotspots with your NOOK. They are current at the time of production of this guide. The current version can be found at:

https://secure.sbc.com/tosaup.adp

These Terms of Service & Acceptable Use Policy (the “Terms”) govern your use of AT&T Internet Services’ AT&T Wi-Fi service (“Service”) and the AT&T Internet Services network (“Network”). If you connect to the AT&T Wi-Fi service via one of AT&T’s roaming partners, your use of the Service will also be governed by that provider’s Terms of Service and Acceptable Use Policy, which will be available on the first screen that you see when you access the Wi-Fi service. Before using the Service, read the following Terms. Your use of the Service represents your agreement to these Terms. If you do not agree with these Terms, do not use the Service.

Terms of Service

Description of the Service

The Service is provided by AT&T Internet Services (“AT&T”). The Service provides you with wireless access to the Internet via certain AT&T high-speed Internet access points (“Locations”) and, depending on your Service plan, certain roaming partner locations. AT&T offers two types of plans: (1) subscription plans for AT&T High Speed Internet Customers (“Subscription”); and

(2)membership plans for those who do not have AT&T High Speed Internet (“Membership”) (Membership plans include special offers such as the Starbucks Loyalty Membership and Starbucks Partner Membership program). Membership customers are also subject to the terms of conditions of the applicable End User Membership Agreement.

NOOK User Guide

Policies

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