Barnes & Noble nook User Manual page 94

(c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO,
OR IN CONNECTION
LIMITATION, CLAIMS RELATING TO THE NOOK, THE DIGITAL CONTENT, THE
SOFTWARE OR THE SERVICE) EXCEED THE PRICE PAID BY YOU FOR YOUR NOOK
AND ALL DIGITAL CONTENT PURCHASED FROM US.
(d) STATE LAW. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
(e) ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE
LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN
IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
8. Force Majeure. We will not be liable for failing to perform under this Agreement
because of any event beyond our reasonable control, including, without limitation, a labor
disturbance, an Internet outage or interruption of service, a communications outage, failure by
a service provider or any other third party to perform, fire, an act of terrorism, natural disaster
or war.
9. Choice of Law. The laws of the State of New York will govern and be used to
interpret this Agreement, without giving effect to any principle that would allow for the
application of the law of any other State. For purposes of any Claim that is not subject to the
arbitration procedures in Section 10 below, we both agree to submit to the nonexclusive
personal jurisdiction of the courts located within New York County, New York and waive any
objection to the laying of venue of any litigation in said courts.
nook User Guide
WITH THIS AGREEMENT (INCLUDING, WITHOUT
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