Barnes & Noble NOOK BNTV250 User Manual page 171

Disclaimer of Warranties
UNLESS OTHERWISE EXPLICITY STATED, THE MATERIALS AND THE SERVICE ARE PROVIDED "AS IS", AND
ARE FOR PERSONAL USE ONLY. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WAR-
RANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIM-
ERS ARE HELD TO BE LEGALLY INVALID. AT&T MAKES NO REPRESENTATIONS, WARRANTIES, GUAR-
ANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE
MATERIALS PROVIDED WITH THE SERVICE. ANY QUESTIONS REGARDING THE MATERIALS SHOULD BE
DIRECTED TO THE PROVIDERS OF SUCH MATERIALS. HOWEVER, AT&T DOES NOT AUTHORIZE ANYONE
OT MAKE A WARRANTY ON AT&T' BEHALF AND YOU MAY NOT RELY ON ANY STATEMENT OF WAR-
RANTY BY A THIRD PARTY AS A WARRANTY OF AT&T.
Limitation of AT&T Liability
AT&T SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CON-
TRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. MOREOVER, IN NO EVENT
SHALL AT&T BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOST REVENUE, LOST PROFITS, LOSS
OF USE, LOSS OF DATA OR OTHER ECONOMIC ADVANTAGE) HOWEVER THEY ARISE, WHETHER FOR
BREACH OR IN TORT, EVEN IF AT&T HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGE. IN JURISDICTIONS WHERE PERMITTED, AT&T' SOLE LIABILITY TO YOU UNDER THESE TERMS SHALL
BE LIMITED TO THE TOTAL AMOUNT OF MONEY PAID TO AT&T BY YOU FOR USE OF THE SERVICE.
Indemnity
You agree to indemnify and hold harmless AT&T and its subsidiaries, affiliates, officers, agents, co-branders, licensors
or other partners and employees from any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of: (a) content you submit, post, transmit or otherwise make available through the Service;
(b) your use of the Service; (c) your violation of these TOS; (d) your violation of the AUP; (d) your violation of any
rights of another; and (e) use of your account and any Sub-Account whether or not such usage is expressly autho-
rized by you.
Liability of Customer
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR
EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND WILL NOT MAKE A CLAIM AGAINST AT&T
FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING
FROM THE USE OF THE SERVICE AND MATERIALS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AT&T (INCLUDING ITS PARENT AND AF-
FILIATE COMPANIES, EMPLOYEES, OFFICERS, DIRECTORS AND AGENTS) FROM, AND YOU COVENANT
NOT TO SUE AT&T FOR, ANY CLAIMS BASED ON, OR STEMMING FROM, YOUR USE OF THE SERVICE AND
MATERIALS.
Local Laws; Export Control
AT&T and/or the applicable Third Party Provider control and operate this Service from its or their headquarters in
various locations in the United States of America and makes no representation that these Materials or the Service are
appropriate or available for use in other locations. If you use this Service or the Materials from other locations, you
are responsible for compliance with applicable local laws including but not limited to the export and import regula-
tions of other countries.
Unless otherwise explicitly stated, all marketing or promotional materials provided with or through this the Materials
or the Service are solely directed to individuals, companies or other entities located in the United States, the United
Barnes & Noble NOOK Tablet User Guide 171