Free Plagiarism Checker For Teacher And Students

Effective DPlagiarism ate and Last Updated: December 17, 2019

Welcome to the USAe-commerce shops, virtual platforms, Plagiarism websites,applications (“apps”), widgets, blogs, or other online Plagiarism offerings owned or operated by subsidiaries of Barnes& Noble Education, Inc., which includes Barnes & Noble College Booksellers, LLC; MBS Textbook Exchange, LLC;Student Brands, LLC; or Plagiarism Plagiarism any of their associates or subsidiary groups (together, “BNED”), inclusive of butnot constrained to bncollege.com; bartleby.com; mbsbooks.com, studymode.com, cram.com, paperrater.com, and all otheronline offerings (together, the “Services”) that post hyperlinks to those Terms of Use. The Services include theonline bookstores operated by means of BNED on behalf better education and number one schooling institutions, as properly asother on line Services, resources, boards, contests or sweepstakes offered or operated with the aid of BNED.

Please overview those Terms of Use carefully before the use of the Services. The Terms of Use governeach consumer’s (“you” or “your”) use of and/or get admission to to the Services.

By the usage of or getting access to the Services, you well known and agree which you haveread, understood and agree to be bound via those Terms of Use. You also renowned which you have examine andunderstood our records practices as defined inside the Privacy Policy applicable to the Services and Content you operate.

These Terms of Use affect your felony rights, duties and obligations, govern your use ofthe Services, are legally binding, restriction BNED’s legal responsibility to you, and require you to indemnify us and to settlecertain disputes via man or woman arbitration. Please observe that nothing in those Terms of Use affects yourmandatory statutory rights below relevant regulation, to the extent that such rights observe to you and cannot be limitedor excluded.

If you do no longer desire to be sure via these Terms of Use, and any relevant Additional Terms(defined below), you must no longer use or get admission to the Services, and, where relevant, you must uninstall anyServices downloads and programs.

In a few times, you’ll be issue to distinct or additional phrases andconditions, rules and recommendations (“Additional Terms”) that are applicable to positive parts of the Services.Those Additional Terms will be published at the Services in reference to the relevantoffering. In the occasion of a warfare among these Terms of Use and the AdditionalTerms, the Additional Terms shall manipulate.

These Terms of Use and the Additional Terms are concern to alternate at any time, so we encourageyou to periodically assessment all terms and situations posted on the Services. If we make any cloth modifications tothese Terms of Use or the applicable Additional Terms, we will publish the updated model(s), at the side of aneffective date, and notify you with the aid of a notice on the Services. In the event that you have those Terms of Usecached in your browser, the Terms of Use that observe to you are the maximum latest model of the Terms of Use thatappear on a non-cached browser.

If any changes to those Terms of Use or Additional Terms are not suitable to you, you must stopyour get right of entry to to and/or use of the Services and, wherein relevant, uninstall any Services downloads andapplications.

1. Ownership; Your Rights to Use the Services and Content.

Ownership. The Services and all of its content (collectively,”Content”), such as all copyrights, patents, emblems, provider marks, change names and all different intellectualproperty rights therein (“Intellectual Property”), are owned or controlled by way of BNED, our licensors, and certainother 0.33 parties. All proper, title, and hobby in and to the Content and Intellectual Property availablevia the Services is the property of BNED, our licensors or certain other third parties, and is covered by using U.S.and worldwide copyright, trademark, trade get dressed, patent and/or different Intellectual Property and unfaircompetition rights and legal guidelines to the fullest volume viable. BNED owns the copyright in the choice,compilation, meeting, association, and enhancement of the Content on the Services.Your Rights to Access and Use the Services and Content. Your rightto get right of entry to and use the Services and Content is difficulty on your strict compliance with those Terms of Use and theapplicable Additional Terms. Your right to get right of entry to and use the Services and the Content shall automaticallyterminate upon any violations of these Terms of Use. These rights are non-different, confined, and revocable byus at any time in our sole discretion without advanced note or liability. As your proper to access and use theServices and the Content is private to you, you can neither assign nor switch your right; any try to doso is void. You may, on your non-public, non-industrial, lawful use only (collectively, the following are the”Licensed Elements”):Display, view, use, and play the Content on a pc, cell or different net enabled orpermitted tool (“Device”) and/or print one copy of the Content (apart from source and object code in uncooked formor otherwise) as it’s miles exhibited to you;Subject to any applicable Additional Terms, if the Services consists of a “Send to Friend,”social media sharing or comparable device that permits you to provoke and send to one or more of your contacts acommunication that includes Content, or to put up our Content to 0.33-birthday celebration services or your personal site or onlineservice, and the device is operational, use the device to achieve this; supplied, but, that you do now not achieve this in anymanner that violates applicable law or 1/3-birthday celebration rights or reflects negativity on us, and only send torecipients you have got permission to contact;If the Services consists of a “Download” hyperlink subsequent to a chunk of Content (including, withoutlimitation, an image, an icon, a wallpaper, a track tune, a video, a trailer, an RSS feed), you can onlydownload a unmarried copy of such Content to a single Device;Download, installation and use one replica of any software, inclusive of apps, that we make to be had onor via the Services (“Software”) in your Device in gadget-executable item code shape simplest and make oneadditional replica for returned-up functions; furnished, however, that you understand and agree that: (i) by way of allowing youto down load the Software, BNED does no longer switch title to the Software to you (i.e., you very own the medium on whichthe Software is recorded, however the Software’s owner (which may be BNED and/or its third-birthday celebration Software licensor)will hold complete and complete name to such Software); (ii) you could no longer reproduction, adjust, adapt, translate into anylanguage, distribute, or create by-product works primarily based on the Software, besides as expressly legal in theseTerms of Use or relevant Additional Terms, with out the earlier written consent of BNED; (iii) you may notassign, lease, hire, or lend the Software to any person or entity, and any strive by means of you to sublicense,switch, or assign the Software may be void and of no effect; and (iv) you can no longer decompile, disassemble,reverse engineer, or attempt to reconstruct, identify, or find out any source code, underlying ideas, underlyinguser interface strategies, or algorithms of the Software with the aid of any way in any way, except to the extent theforegoing restrict is unlawful with the aid of applicable regulation;If made to be had to you, obtain a registered personal account (and/or related username andpassword) at the Services and have interaction with the Services in connection therewith;Link to the Services from a internet site or other online provider, as long as: (a) the hyperlinks onlyincorporate textual content, and do no longer use any BNED names, emblems, or images, (b) the hyperlinks and the content to your websitedo now not propose any association with BNED or motive any other confusion, and (c) the hyperlinks and the content material on yourwebsite do not portray BNED or its services or products in a false, misleading, derogatory, or otherwiseoffensive way, and do now not comprise content that is unlawful, offensive, obscene, lewd, lascivious, filthy,violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwiseobjectionable to BNED. BNED reserves the proper to droop or prohibit linking to the Services for any cause, inits sole discretion, with out strengthen note or any legal responsibility of any kind to you or any third-birthday party;Stream the Content the usage of any of the widgets and/or different digital streaming net videoplayers, if any, furnished at the Services; andUse some other capability expressly supplied via BNED on or via the Services for use byusers, concern to those Terms of Use (such as, without problem, capability to create and/or postUser-Generated Content (as defined underneath)) and any applicable Additional Terms.Additional Terms for Usage Subscriptions. Purchases ofusage subscriptions (e.g., credit, points, and/or virtual currency) or any virtualitems made to be had at the Services are nonrefundable, have no financial price (i.e.,aren’t a cash account or equal), and are purchases of simplest a confined, non-distinct, revocable,non-assignable, personal, and non-transferable license to use those items best, despite the fact that such got here with adurational time period (e.g., a month-to-month subscription). Any try and switch, assign orotherwise promote or exchange such subscription, regardless of manner or method, is null and void. Suspension ortermination thereof effects within the forfeit of the suspended or terminated subscription or objects, besides as perhaps cited within the applicable Additional Terms. As accredited by means of regulation, we are not chargeable for repairing orreissuing any credit or refund or another sum, because of our amendment of any usage subscriptions orvirtual item, or for loss or damage because of mistakes, or some other purpose.Additional Terms for Bartleby Tutor. One-time purchases of minutesto be used for actual-time tutoring sessions offered thru Bartleby Tutor ought to be used within ninety (90) daysfrom the date of buy. Any unused mins thereafter are nonrefundable and can’t be redeemed for any creditor other value. Minutes bought through subscriptions to Bartleby Tutor expire upon any cancellation of theBartleby Tutor subscription; any unused minutes at the time of such cancellation can not be refunded or otherwisebe credited again in your account.Rights of Others. In the usage of the Services, you ought to admire theIntellectual Property and rights of others and BNED. Your unauthorized use of Content may also violate the rights ofothers and applicable laws and might bring about your civil and criminal liability. If you trust that your workhas been infringed through the Services, see Section 5 under.Reservation of all Rights Not Granted as to Services and Content.These Terms of Use and any applicable Additional Terms encompass most effective slender, restricted presents of rights to apply andaccess the Services and Content. No proper or license may be construed, below any legal theory, with the aid of implication,estoppel, industry custom, or in any other case. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY BNED AND ITSLICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Services for any motive isprohibited.Third-Party Services. We aren’t chargeable for 1/3 parties ortheir content material, commercial(s), apps or sites (“Third-Party Services”). For example, portions of the Servicesmay be incorporated into or related to 1/3-party sites, systems and apps that we do now not manage. Similarly, wemay make commercials and third-birthday party content or offerings, which we additionally may not manipulate, available to you on or through ourServices. This may consist of the potential to sign in or sign into our Services the usage of third-celebration gear, and topost content material on 1/3-party web sites and services the usage of their plug-ins made to be had on our Services. Use cautionwhen managing 0.33 parties and consult their terms of use and privacy rules. We take no responsibilityfor Third-birthday celebration Services and will no longer be responsible for any damages due to your use or reliance on Third-PartyServices. If you are gaining access to or the use of the Services thru Apple, Android, or any other cellular operatingsystem platform, these are Third-Party Services. If you access our apps via Apple, see under for AdditionalTerms which are applicable to you and are incorporated into the Terms of Use by using this reference.Terms applicable for Apple IOS.To the volume which you are having access to the Services via an Apple cell software, youacknowledge that these Terms of Use are entered into among you and BNED and that Apple, Inc. (“Apple”) is nota celebration to these Terms of Use apart from as 0.33-birthday party beneficiary, as pondered below.The license granted to you via BNED under those Terms of Use is situation to the accredited UsageRules set forth inside the Apple Media Services Terms and Conditions (see:http://www.apple.com/legal/itunes/us/terms.html) and any 1/3-birthday party terms of use applicable to the BNEDServices you use.You renowned that BNED, and not Apple, is answerable for providing the Services andContent as described in these Terms of Use.You acknowledge that Apple has no duty by any means to provide any preservation or anysupport services to you with respect to the Services and Content.To the maximum quantity not prohibited by way of applicable regulation, Apple will haven’t any other warrantyobligation whatsoever with admire to the Services and Content.Notwithstanding something to the opposite herein, and challenge to these Terms of Use, youacknowledge that, totally as between Apple and BNED, BNED and no longer Apple is liable for addressing any claimsyou might also have regarding the Services and Content, or your ownership and/or use thereof, together with, however notlimited, to: (A) product liability claims; (B) any declare that the Services fails to comply to any applicablelegal or regulatory requirement; and (C) claims springing up under purchaser safety or similar rules.Further, you agree that if the Services, or your get right of entry to to and use of the Services, infringeson a third-birthday celebration’s Intellectual Property rights, you will no longer preserve Apple chargeable for the investigation,protection, agreement and discharge of one of these Intellectual Property infringement claims.You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-birthday celebration beneficiariesof these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the proper (and willbe deemed to have everyday the proper) to implement the Terms of Use against you as a third-celebration beneficiarythereof.2. Content You Submit; Interactive Community Rules.

User-Generated Content. BNED may additionally now, or within the future, offerusers of the Services the opportunity to create, construct, put up, upload, display, submit, distribute, transmit,broadcast, or otherwise make available on or put up thru the Services, or on or in reaction to our pages orposts on any 1/3-birthday celebration platforms or in reference to any of our promotions through any media or way, orotherwise submit to us (e.g., on our Facebook or other social media pages, in responseto our tweets, through a sweepstakes or contest, or through otherwise sending it to us) (collectively, “post”)messages, text, illustrations, files, images, snap shots, images, feedback, responses, sounds, song, videos,data, content material, scores, critiques, records, questions, suggestions, for my part identifiable statistics, orother information or substances and the thoughts contained therein (collectively, but aside from BNED LicensedElements protected therein, “User-Generated Content” or “UGC”). You might also publish UGC through your profile, forums,blogs, message boards, social networking environments, content introduction and posting tools, subscriptionservices, gameplay, social communities (along with the Interactive Community (described beneath), if relevant),contact us gear, electronic mail, and different communications functionality. Except to the extent of the rights and licenseyou supply in those Terms of Use and, subject to any applicable Additional Terms, you maintain anything legallycognizable proper, identify, and interest that you have in your UGC.Except as in any other case defined within the Services’ published Privacy Policy, or any applicable AdditionalTerms, you agree:(A) your UGC can be treated as non-private and non-proprietary with the aid of us – regardless of whether or not youmark them “confidential,” “proprietary,” or the like – and will now not be again, and (B) to the maximumextent now not prohibited via relevant law, BNED does no longer expect any obligation of any type to you or anythird-celebration with recognize in your UGC. Upon request, you’ll offer documentation necessary to authenticaterights to such content material and affirm your compliance with those Terms of Use or any relevant Additional Terms.You acknowledge that the Internet and cellular communications may be insecure and difficulty to breaches ofsecurity; for this reason, you renowned and agree that your UGC is submitted at your own danger.In your communications with BNED, please hold in mind that we do not are seeking for any unsolicitedideas or substances for products or services, or maybe advised upgrades to products or services, which includes,with out issue, thoughts, standards, inventions, or designs for track, websites, apps, books, scripts,screenplays, movement images, television shows, theatrical productions, software program or otherwise (collectively,”Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post are deemed UGC and licensedto us as set forth below. In addition, BNED retains all of the rights held by way of individuals of the Plagiarism general public withregard to your Unsolicited Ideas and Materials. BNED’s receipt of your Unsolicited Ideas and Materials isn’t always anadmission by using BNED of their novelty, priority, or originality, and it does no longer impair BNED ’s proper to contestexisting or future Intellectual Property rights regarding your Unsolicited Ideas and Materials.License to BNED of Your UGC. Except as otherwise described in anyapplicable Additional Terms (which include a promoting’s authentic guidelines), which in particular govern the submissionof your UGC, or in our Privacy Policy, youhereby provide BNED the non-different, unrestricted, unconditional, limitless, worldwide, irrevocable,perpetual, and price-unfastened proper and license to use, copy, record, distribute, reproduce, divulge, sell,re-promote, sublicense (thru multiple levels), display, publicly carry out, transmit, put up, broadcast,translate, make derivative works of, and otherwise use and take advantage of in any way whatsoever, all or anyportion of your UGC (and spinoff works thereof), for any cause by any means in all codecs, on or throughany approach or medium now acknowledged or hereafter evolved, and with any technology or gadgets now acknowledged orhereafter advanced, and to put it up for sale, market, and sell the same. Without hindrance, the granted rightsinclude the right to: (A) configure, host, index, cache, archive, save, digitize, compress, optimize, regulate,reformat, edit, adapt, publish in searchable layout, and remove such UGC and integrate equal with othermaterials, and (B) use any ideas, principles, understanding, or techniques contained in any UGC for any purposeswhatsoever, together with developing, generating, and marketing merchandise and/or services. You apprehend that inexercising such rights, metadata, notices and content material may be eliminated or altered, along with copyrightmanagement statistics, and you consent thereto and represent and warrant you have got all essential authority todo so. In order to in addition impact the rights and license which you grant to BNED to your UGC, you furthermore mght, aspermitted with the aid of relevant regulation, hereby furnish to BNED, and conform to provide to BNED, the unconditional, perpetual,irrevocable right to use and exploit your name, persona, and likeness in reference to any UGC, with out anyobligation or remuneration to you. Except as prohibited through regulation, you hereby waive, and you agree to waive, anymoral rights (including attribution and integrity) that you can have in any UGC, even though it is altered orchanged in a way no longer agreeable to you. To the quantity no longer waivable, you irrevocably agree not to exercisesuch rights (if any) in a manner that interferes with any exercising of the granted rights. You apprehend thatyou will no longer get hold of any prices, sums, attention, or remuneration for any of the rights granted in thissection.BNED may additionally, but will now not have any responsibility to, evaluate, screen,show, submit, store, keep, be given, or in any other case make use of, any of your UGC, and BNED may also, in its solediscretion, reject, delete, flow, re-layout, cast off or refuse to publish or otherwise employ UGC withoutnotice or any liability to you or any 1/3-birthday celebration in reference to our operation of UGC venues in anappropriate way, consisting of to enhance accessibility of UGC, cope with copyright infringement, and shield Usersfrom harmful UGC. Without trouble, we may also, but do now not decide to, do so to deal with content material that comes to ourattention that we agree with is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening,abusive, unlawful or otherwise objectionable or inappropriate, or to put in force the rights of third parties orthese Terms of Use or any applicable Additional Terms. Such UGC submitted by using you or others need not bemaintained at the Services via us for any time frame, and you may now not have the proper, as soon as submitted, toaccess, archive, preserve, trade, eliminate, or in any other case use such UGC on the Services or some other place, except thatCalifornia minors have sure rights to have positive content about them that they’ve themselves posted onthe Services prospectively removed from public display as furnished for in the Privacy Policy.Each time you post any UGC, you represent and warrant that you are at least the age ofmajority inside the jurisdiction in that you are living, or are the figure or criminal mother or father, or have all properconsents from the discern or criminal dad or mum, of any minor who is depicted in or contributed to any UGC yousubmit, and that, as to that UGC: (A) you’re the sole writer and owner of the Intellectual Property and otherrights to the UGC, or you have a lawful proper to publish the UGC and provide BNED the rights to it which you aregranting by using those Terms of Use and any applicable Additional Terms, all without any Bartleby obligation toobtain consent of any third-party and without growing any duty or liability of Bartleby; (B) the UGC isaccurate; (C) the UGC does not and, as to BNED’s permitted uses and exploitation set forth in those Terms ofUse, will now not infringe any Intellectual Property or different proper of any third-birthday celebration; and (D) the UGC will notviolate these Terms of User or any applicable Additional Terms, or cause injury or harm to any character.Any UGC (along with chat messages, links, video, picture, audio or other media content) that yousubmit in reference to Bartleby Tutor may be made publicly available thru BNED’s library of searchablecontent. Such UGC may be handy by using anyone, which includes BNED. We encourage you to no longer include any personallyidentifiable records in any UGC you publish to BNED, the tutors, or any other 1/3 parties in relation tothe Bartleby Tutor, and to exercise warning whilst making decisions approximately what you expose while the use of ourServices in fashionable.Interactive Community Rules. Some factors of theServices may additionally enable you to talk with other customers and submit statistics and other cloth, together with yourown UGC, thru an interactive network (the “Interactive Community”). You are using Interactive Communityservices if, as an instance, you view or participate inside the Interactive Community, publish a assessment, create a list,create a profile, submit any UGC, or otherwise participate in any interactive function. Your use of theInteractive Community is challenge to those Terms of Use and any applicable Additional Terms, in addition to thefollowing:You may also use the Interactive Community handiest for lawful functions and in accordance with theseTerms of Use. If you are the usage of our Interactive Community, and put up, submit or talk any UGC on or throughthe Interactive Community, please pick out carefully the statistics that you put up and/or offer to other customers.You might not post on or transmit thru the Services any illegal, dangerous, threatening,abusive, harassing, defamatory, vulgar, obscene, sexually specific, profane, hateful, racially, ethnically orotherwise objectionable fabric of any kind, inclusive of any material that encourages conduct that wouldconstitute a crime, give upward thrust to civil liability or in any other case violate any regulation, rule or law ofthe laws relevant to you or relevant within the country in which the material is posted. We reserve the right,in our sole discretion, to reject, refuse to submit or dispose of any posting or different UGC (which include privatemessages) from you, or to deny, restrict, suspend or terminate get right of entry to to any or all part of the InteractiveCommunity at any time, for any or no motive, with out prior notice or rationalization and with out liability.You might not submit UGC that: (A) includes the transmission of “direct mail”, “chain letters” orunsolicited mass mailing, instantaneous messaging, “spimming” or “spamming”; (B) carries restricted or password-onlyaccess pages or hidden pages or photos (the ones not connected to or from every other accessible web page); (C) solicitspasswords or non-public identifying statistics for industrial or unlawful functions from different users; (D) involvescommercial activities and/or sales together with contests, sweepstakes, barter, advertising and marketing or pyramid schemes; (E)includes a image or video of any other character that you have published without that man or woman’s consent; (F)circumvents or modifies, or attempts to circumvent or modify, or encourages or assists every other character incircumventing or editing any protection technology or software this is part of the Services; (G) entails theuse of viruses, bots, worms or another pc code, documents or packages which could interrupt, smash or limitthe capability of any pc software or hardware, or in any other case may also permit the unauthorized use of oraccess to a computer or a pc network; (H) covers or obscures the banner advertisements on your personalprofile page; (I) involves any computerized use of the Services, consisting of the use of scripts to add pals or sendcomments or messages; (J) interferes with, disrupts or creates an undue burden on the Services or the networksor offerings linked to the Interactive Community; (K) impersonates or tries to impersonate anotherInteractive Community person, character or entity; (L) makes use of the account, username or password of some other InteractiveCommunity person at any time or discloses your password to any third birthday celebration or permits any 0.33 birthday party to accessyour account; (M) sells or otherwise transfers your profile; or (N) makes use of any records received from theServices or Interactive Community so as to annoy, abuse or harm any other character or entity, or tries to dothe equal.We reserve the right, in our sole discretion, to put off your profile and/or deny, restrict,droop or terminate your get admission to to any or all part of the Interactive Community for any purpose.If you emerge as aware of misuse of the Interactive Community, inclusive of any illegal, harmful,threatening, abusive, harassing, defamatory, vulgar, obscene, sexually specific, profane, hateful, racially,ethnically or in any other case objectionable fabric of any kind, cloth that encourages behavior that wouldconstitute a criminal offense, offers upward thrust to civil liability or in any other case violates any applicable law, pleasecontact us. Notwithstanding the foregoing and to the most extent permitted through applicable regulation, we expect noresponsibility for ongoing monitoring of the Interactive Community or for removal or editing of any UGC, evenafter receiving notice. We count on no liability for any action or inactivity with respect to conduct, communicationor UGC in the Interactive Community. You are entirely answerable for all sports that arise within theInteractive Community. The Interactive Community isn’t designed for use by using people under the age of 18years (“Minors”). No children below the age of sixteen are permitted to sign up or create user profiles, andindividuals aged among sixteen and 18 must take part inside the Interactive Community handiest underneath the supervision of aparent or felony dad or mum. Numerous informational and industrial assets (along with pc hardware, softwareor filtering offerings) are available to assist mother and father hold their kids secure on-line. If you have an interest inlearning more approximately those assets, information is available at many websites presenting records on suchprotections. We do no longer in particular sponsor or advise any of these sites or their services.Interactive Community users may also add to or in any other case put up to us for distribution on theInteractive Community and the Services: (A) UGC that isn’t always problem to any copyright or other proprietary rightsrestrictions; or (B) UGC that the owner or licensor of any relevant rights has given specific authorization forus to distribute over the Internet. You may not add, embed, publish, electronic mail, transmit or in any other case makeavailable any cloth that infringes any copyright, patent, trademark, exchange secret or other proprietary rightsof any individual or entity. Any copyrighted or other proprietary UGC distributed with the consent of a copyrightowner must incorporate a phrase which include “Copyright, owned through [call of owner]; utilized by permission”. We are entitledto presume that each one UGC conforms to the foregoing necessities. The unauthorized submission of copyrighted orother proprietary UGC is unlawful and will problem the person to non-public legal responsibility for damages in a civil healthy aswell as criminal prosecution. Interactive Community users expect all legal responsibility for any damage due to anyinfringement of copyright or proprietary rights, or for some other harm arising from an unauthorized submissionor submission of UGC. We anticipate no liability for any damage as a consequence of any infringement of copyright orproprietary rights, or from every other harm bobbing up from any UGC.

3. Using the Services; Services and Content Use Restrictions.Creating an Account. Accounts may most effective be installation you (and if notyou, through a certified representative of the person that is the problem of the account and who’s of the ageof majority). We do not assessment debts for authenticity and are not answerable for any unauthorized accountsthat can also seem on the Services. For any dispute as to account creation or authenticity, we shall have the soleright, however aren’t obligated, to solve such dispute as we determine suitable, without observe. If youregister with us or create an account, you’re totally responsible and responsible for the security andconfidentiality of your get right of entry to credentials and for limiting get admission to on your Device and for all interest underyour account. Usernames and passwords need to be personal and precise, now not violate the rights of any man or woman orentity, and not be offensive. We may additionally reject the use of any password, username, or email address for any reasonin our sole discretion. You are completely chargeable for your registration information and for updating andmaintaining it. You will immediately notify us here of any unauthorized use of your account, password,or username, or every other breach of safety, but will continue to be liable for any unauthorized use thereafter.You will now not sell, transfer, or assign your account or any account rights. Subscriptions; Rentals; Purchases; Taxes. In order toaccess positive functions of the Services, you will be required to make a buy or input right into a subscription.Moreover, some aspects of the Services may also let you place orders for or hire products.Any deal terms presented to you on the time of subscription, rental, buy, or othertransaction you behavior on or provoke at the Services (“Transaction”) shall be taken into consideration Additional Terms. Youagree to pay BNED all costs at the charges presented to you or your agent(s). You ought to offer, and youauthorize BNED to fee, your chosen charge provider (your “Payment Method”) while you make a buy orsubscribe to paid Services. You comply with make charge the use of that selected Payment Method and will best provideus data approximately payment techniques that you are authorized to use. We permit you to shop and manage yourinformation about your Payment Method, together with the entire credit card wide variety, account variety, and expirationdates, for future purchases or transactions on our website online. You may additionally make adjustments for your default Payment Method atany time. If we are not able to price one fee card, we may additionally price any other valid credit card that you haveentered to be used on our site. You are chargeable for retaining the accuracy of the statistics that we’ve onfile, and also you consent to BNED updating such stored facts from time to time based on statistics providedby you, your financial institution or payment offerings processors. If you provoke a chargeback dispute for any fee ortransaction made on our site, BNED reserves the proper to terminate the availability of services or delivery orproducts to you pending resolution of the chargeback dispute with the credit score card issuer.Subscription charges can be routinely renewed on the end of the unique time period decided on, for asimilar time frame, unless word is received from the subscriber seven (7) days earlier than renewal. Unless anduntil this these Terms of Use are cancelled according with the terms hereof, you hereby authorize us tocharge your Payment Method to pay for the ongoing price of club. Subscription expenses are NOT refundable ifyou request to cancel or terminate your membership. Should a refund be issued by us, all refunds will becredited totally to the Payment Method used in the unique transaction. You hereby similarly authorize us tocharge your Payment Method for any and all additional purchases of Services and Content.Some Transactions can be situation to taxes in positive states. Depending in your kingdom and thenature of the product or Services you receive from us, this could be a rental tax, income tax and/or use tax. Taxrates are different from kingdom to state. You are liable for paying all such taxes.Services Use Restrictions. You agree that you may now not:(i) use the Services for any political or industrial purpose (such as, without limitation, for purposes ofadvertising, soliciting funds, amassing product prices, and promoting products); (ii) use any meta tags or anyother “hidden text” making use of any Intellectual Property; (iii) engage in any activities through or in connectionwith the Services that are trying to find to try to or do damage any individuals or entities or are unlawful, offensive,obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any proper of anythird-birthday party, or are in any other case objectionable to BNED; (iv) decompile, disassemble, reverse engineer, or attemptto reconstruct, become aware of, or find out any supply code, underlying ideas, underlying person interface techniques,or algorithms of the Services with the aid of any means by any means or modify any Services supply or object code or anySoftware or different products, services, or procedures reachable via any part of the Services; (v) interact inany activity that interferes with a person’s get right of entry to to the Services or the proper operation of the Services, orotherwise causes damage to the Services, BNED, or different customers of the Services; (vi) interfere with or circumventany protection feature (such as any virtual rights management mechanism, tool or other content material protection oraccess manage degree) of the Services or any function that restricts or enforces boundaries on use of oraccess to the Services, the Content, or the UGC; (vii) harvest or in any other case gather or shop any facts(which include in my opinion identifiable facts about different customers of the Services, consisting of e-mail addresses,without the specific consent of such customers); (viii) attempt to benefit unauthorized get entry to to the Services, othercomputer systems or networks connected to the Services, thru password mining or any other approach; or (ix)otherwise violate those Terms of Use or any relevant Additional Terms.Content Use Restrictions. You also agree that, in the usage of theServices, you will: (i) not display, acquire, copy, or distribute the Content (besides as can be a end result ofstandard search engine interest or use of a wellknown browser) on the Services with the aid of using any robot, rover, “bot”,spider, scraper, crawler, adware, engine, tool, software, extraction tool, or every other automatic device,application, or manual technique of any kind; (ii) not body or make use of framing techniques to surround any the Content(such as any pics, textual content, or page format); (iii) keep intact all trademark, copyright, and different IntellectualProperty and different notices contained inside the Content; (iv) now not use the Content in a manner that suggests anunauthorized affiliation with any of our or our licensors’ merchandise, services, or manufacturers; (v) not make anymodifications to the Content (aside from to the quantity of your mainly authorised use of the BNED LicensedElements, if applicable); (vi) no longer reproduction, alter, reproduce, archive, promote, lease, rent, change, createderivative works from, submit via hard copy or digital method, publicly carry out, show, disseminate,distribute, broadcast, retransmit, circulate or switch to any 1/3-birthday party or on any Third-Party Services, orotherwise use or exploit the Content in any way for any reason except as especially permitted by these Termsof Use or any applicable Additional Terms, or with the prior written consent of an officer of BNED or, in thecase of the Content from a licensor or owner of the Content; and (vii) no longer insert any code or product tomanipulate the Content in any manner that adversely influences any user revel in or the Services.Availability of Services and Content. BNED, in its sole discretionwithout advance word or liability, may additionally at once suspend or terminate the provision of the Servicesand/or Content (and any elements and features of them), in entire or in component, for any motive, in BNED’s solediscretion, and without enhance word or legal responsibility.Age of Users. Unless in any other case in particular referred to in the featuresmade to be had to you, the Services, Content and any products and services performing or advertised at the Servicesare supposed for and directed towards the acquisition and use by adults (the ones elderly 18 years or above) or byindividuals 16 or older with the consent of adults. Individuals over the age of 16 and beneath the age of 18 yearsmay handiest use the Services with the supervision of a figure or felony mum or dad and need to evaluate those Terms ofUse with a parent or prison mother or father to ensure that they recognize them.Internet Connectivity Charges. Internet connectivity is requiredto get right of entry to the Services. Any get right of entry to expenses or charges applicable on your internet connectivity are totally yourresponsibility. Certain internet provider providers, inclusive of wireless companies, can also fee charges for dataconnections based on the full amount of facts you get entry to. We are in no manner liable for the costs charged byor regulations of internet service vendors or others with whom you settlement for such internet connectivity.

four. Wireless Features; Messages; Location-Based Features.

Wireless Features. The Services might also provide sure functions andservices through your wi-fi Device. Features and offerings might also include the capacity to get right of entry to the Services’features, upload content to the Services, acquire messages from the Services, and down load applications to yourwireless Device (collectively, “Wireless Features”). You conform to receive communications we may also send throughWireless Features for that you are registered. Further, we may additionally accumulate statistics related to your use of theWireless Features. If you have got registered through the Services for Wireless Features, you then agree to inform BNEDof any adjustments on your wi-fi contact records (which includes phone variety) and update your debts on theServices to reflect the modifications. If the Services consists of push notifications or different mobile communicationcapability, you hereby approve of our delivery of electronic communications directly to your mobile Device.These notifications, such as badge, alert or pop-up messages, may be delivered in your Device even when theServices is running in the history. You can also have the capability, and it’s miles your responsibility, to adjust thenotifications you do, or do not, get hold of thru your Device thru your Device and/or app settings. Standardmessage, records and different fees may be charged via your service, and carriers can also deduct expenses from pre-paidamounts or information allowances, for which you are accountable. Your carrier can also restrict or limit certainWireless Features and certain Wireless Features may be incompatible with your carrier or wi-fi Device.Contact your carrier with questions concerning those problems.Text and Email Messages.You may be given opportunities to enroll in diverse text marketing or different text messagingprograms and by using doing so, you consent to receive ongoing textual content indicators (along with through car-dialers) from us relatedto our various groups and affiliates, which may also encompass co-promotions with or about other parties, exceptthat if the scope of your consent for a particular subscription is restricted, that subscription could be solimited. Such consent isn’t required to purchase any product or Services other than the text subscriptionitself. Subsequent or specific subscriptions could be unaffected via an opt-out. You consent to receive a textconfirming any choose-out as well as non-advertising and marketing administrative or transactional messages. Email Messages. You may additionally cancel or modify our e mail marketingcommunications you acquire from us by way of following the instructions contained within our promotional emails. Thiswill not affect subsequent subscriptions, and in case your opt-out is limited to certain types of emails, the decide-outwill be so constrained. Please word that we reserve the right to ship you certain communications referring to youraccount or use of our Services, which includes administrative and provider bulletins, and these transactionalaccount messages may be unaffected if you pick out to decide-out from receiving our advertising communications.Location-Based Features. If GPS,geo-vicinity or different place-based totally capabilities are enabled to your Device, you acknowledge that your Devicelocation may be tracked and can be shared with others constant with the PrivacyPolicy. Some Devices and platforms may additionally permit disabling a few, but not all,vicinity-based functions or dealing with such preferences. Typically, your proximity or connection to wi-fi,Bluetooth and other networks may nonetheless be tracked whilst place services are grew to become off on Device settings.You can terminate Device location tracking through a cellular app by using us by way of uninstalling the software. Territorygeo-filtering maybe required in reference to use of a few Services functions due, for instance, to Contentterritory restrictions. The region-based totally services provided in connection with BNED’s cell app(s) orfeature(s) are for character use most effective and need to not be used or depended on in any state of Plagiarism affairs in which thefailure or inaccuracy of use of the location-based totally offerings should lead without delay to demise, personal harm, orphysical or assets harm. Use region-primarily based services at your personal chance as vicinity information won’t beaccurate.

five. Notice and Take Down Procedure for Claims of Infringement.

DMCA Notification. If you are a copyright proprietor who would really like tosend us a word pursuant to the Digital Millennium Copyright Act (“DMCA”) to perceive content or materialposted on the Services that is infringing and that you would love eliminated from our Services, or in case you are auser whose work has been removed in reaction to such a note of infringement and would like to document a DMCAcounter-note, you could post such notice to us by way of following the instructions on this Section 5.DMCA Requirements. We are devoted to complying withU.S. copyright and associated Intellectual Property legal guidelines. Our coverage is to respond to notices of allegedinfringement that observe the DMCA. It is our coverage to dispose of and discontinue provider to repeat offenders.If you trust your copyrighted paintings has been copied and is accessible at the Services in a manner that constitutescopyright infringement, you could notify us with the aid of supplying our copyright agent with the following facts inaccordance with the necessities of the DMCA:The digital or bodily signature of the owner of the copyright or the character authorizedto act on the proprietor’s behalf.A description of the copyrighted work which you claim has been infringed and an outline ofthe infringing hobby.Identification of the region in which the unique or an authorized reproduction of the copyrightedwork exists (for example, the URL of the internet site wherein it’s miles published or the name of the e-book in which it has beenpublished).Identification of the URL or other precise place at the Services in which the material youclaim is infringing is positioned, providing enough information to permit us to find the cloth.Your call, cope with, cellphone range, and e-mail deal with in order that we may touch you.A assertion via you that you have a very good religion perception that the disputed use isn’t authorizedby the copyright proprietor, its agent, or the regulation.A declaration through you, made under penalty of perjury, that the above information for your noticeis correct and which you are the copyright proprietor or are legal to act on the copyright proprietor’s behalf.Our agent for word of claims of copyright infringement on the Services can be reached asfollows:

By mail:

Barnes & Noble Education, Inc.120 Mountainview Blvd.Basking Ridge, NJ 07920Attn: Legal Department

By electronic mail: [email protected]

The electronic mail address above is only for reporting copyright infringement and might not be used for anyother motive.

If you consider an character is a repeat infringer, please observe the instructionsabove to touch our DMCA agent and provide records sufficient for us to verify the character is a repeatinfringer.It is regularly tough to decide if your copyright has been infringed. BNED mayelect to no longer reply to DMCA notices that do not extensively comply with all of the foregoing necessities,and Bartleby might also opt for to do away with allegedly infringing material that comes to its interest thru notices that donot notably observe the DMCA.DMCA Counter-Notification. If get right of entry to at the Services to awork which you submitted to BNED is disabled or the work is removed as a result of a DMCA copyrightinfringement observe, and you agree with in precise faith that the allegedly infringing works were eliminated orblocked via mistake or misidentification, then you may send a “Counter-Notification” to the e-mail addresslisted above. Your DMCA Counter-Notification must contain the subsequent information:a legend or situation line that says: “DMCA Counter-Notification”;an outline of the cloth that has been removed or to which get entry to has been disabled andthe area at which the fabric seemed before it was removed or get right of entry to to it was disabled (please includethe complete URL of the web page(s) on the Services from which the fabric was removed or get entry to to it disabled);a announcement underneath penalty of perjury that you have a very good religion perception that the cloth wasremoved or disabled because of mistake or misidentification of the material to be eliminated or disabled;your full call, deal with, smartphone quantity, email address, and the username of your accountwith us (if any);a statement which you consent to the jurisdiction of the Federal District Court for thejudicial district wherein your address is placed (or, if the cope with is positioned outside the USAA., to thejurisdiction of the United States District Court for the Southern District of New York), and which you willaccept service of procedure from the person that provided DMCA notification to us or an agent of such man or woman; andyour electronic or physical signature.Receipt of DMCA Counter-Notification. If we acquire aDMCA Counter-Notification, then we may additionally replace the fabric that we removed (or prevent disabling get entry to to it) innot less than ten (10) and now not more than fourteen (14) business days following receipt of the DMCACounter-Notification. However, we can now not do this if we first acquire notice on the deal with above that theparty who sent us the DMCA copyright infringement word has filed a lawsuit asking a court docket for an orderrestraining the person that provided the material from carrying out infringing activity referring to the materialon the Services. Upon our receipt of a Counter-Notification that satisfies the necessities of DMCA, we willprovide a replica of the counter notification to the person who sent the unique notification of claimedinfringement and could follow the DMCA’s methods concerning counter notification. All Counter-Notificationsmust satisfy the necessities of Section 512(g)(three) of the U.S. Copyright Act. In all occasions, you expressly agreethat neither BNED nor any of its affiliates or their employees, officers, directors, or sellers can be a partyto any disputes or complaints concerning alleged copyright infringement. Please word you will be held in charge formoney damages if you materially misrepresent an pastime is infringing your copyrights.

6. Product Specifications; Pricing; Typographical Errors.

We strive to correctly describe our products or services presented on the Services; but, wedo now not warrant that such specifications, pricing, or other content on the Services is whole, correct,dependable, modern, or blunders-free. As approved through applicable regulation, BNED shall have the right to refuse or cancelany orders in its sole discretion. Your orders are offers to buy issue to our acceptance, which we mayreject or cancel challenge to refund. If we charged your credit score or different account previous to rejection or cancellation,we are able to reissue credit score on your account. Additional Terms might also follow. If a product you acquire or universal fromBNED isn’t as described, as authorised through relevant regulation, your sole remedy is to go back it, to cancel the purchaseand receive a credit score for the purchase price.

7. Termination or Suspension.

Termination by using Us. We can also, upon be aware to you, problem a warning,temporarily droop, indefinitely droop, or terminate your account or your get admission to to all or any a part of theServices for any motive in our sole discretion. In positive cases, in our sole discretion, we may also offer youwith a written be aware (a “Restriction Notice”) to tell you: (i) your proper to use or get admission to any part of theServices has been terminated, including the right to use, get entry to or create any account thereon; (ii) we refuseto provide any Services to you; and (iii) any next orders positioned by means of you will be concern to cancellation.Other situations may also follow and will be set forth in the Restriction Notice.For You to Terminate. You may terminate these Terms of Use byceasing all use of the Services and deleting all Licensed Elements out of your Device.Effect of Termination or Suspension. Following termination (by way of usor through you) or suspension, you’ll not be approved to use the Services. Any suspension or termination will notaffect your obligations to BNED below these Terms of Use or any applicable Additional Terms. Upon suspension ortermination of your get admission to to the Services, or upon observe from BNED, all rights granted to you below theseTerms of Use or any relevant Additional Terms will stop immediately, and you compromise that you may immediatelydiscontinue use of the Services. The provisions of those Terms of Use and any applicable Additional Terms, whichby their nature should live on your suspension or termination will live to tell the tale, along with the rights and licensesyou supply to BNED in these Terms of Use, in addition to the indemnities, releases, disclaimers, and limitations onliability and the provisions regarding jurisdiction, choice of regulation, no elegance movement, and mandatory arbitration.

eight. Disclaimers; Exclusions and Limitations of Liability.

DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, BNED AND ITS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS,MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES,CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “BNED PARTIES”) PROVIDE THE SERVICE, CONTENT,BNED LICENSED ELEMENTS, OR OTHER BNED PRODUCTS OR SERVICES ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALLFAULTS” BASIS WITHOUT Plagiarism ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE SERVICES IS AT YOUR SOLE RISK.WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BNED PARTIES (ASAPPLICABLE) DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,THAT THE SERVICES, CONTENT, LICENSED ELEMENTS, UGC OR OTHER BNED PRODUCTS OR SERVICES WILL: (I) BEUNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III)OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, BNED PARTIES HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED,INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENTDEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BYREASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. NOTWITHSTANDING THE FOREGOING, THIS SECTIONDOES NOT EXPAND OR LIMIT: (X) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDEDBY BARTLEBY PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY BARTLEBY PARTIES TO YOU, ORANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (Y) BNED PARTIES’ LIABILITY FORPERSONAL INJURY TO YOU CAUSED BY BNED PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLELAW; OR (Z) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST BNED PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITEDUNDER APPLICABLE LAW.EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BNED PARTIES WILL NOT BELIABLE TOYOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION ORGOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM,RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES, CONTENT, LICENSED ELEMENTS, UGCOR OTHER BNED PRODUCTS OR SERVICES REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDINGNEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES OR LOSSES.LIMITATION OF LIABILITY. TO THE EXTENT NOTPROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY BNED PARTIES BE RESPONSIBLE OR LIABLE FOR ANYLOSS OR DAMAGES OF ANY KIND, together with non-public injury or death or for any direct, oblique, financial,exemplary, unique, punitive, incidental, or consequential losses or damages of any kind, along with withoutlimitation loss of profits, in connection with, or otherwise without delay or not directly associated with the Services(such as the Content and the UGC), such as without hassle:your use of or incapacity to use the Services, or the performance of the Services;any movement taken in reference to an investigation via BNED Parties or law enforcementauthorities regarding your get admission to to or use of the Services;any action taken in reference to copyright or other Intellectual Property proprietors or otherrights owners;any mistakes or omissions inside the Services’ technical operation or safety or any compromise orloss of your UGC or other information or information; orany harm to any user’s laptop, hardware, software, modem, or other system ortechnology, inclusive of harm from any security breach or from any virus, bugs, tampering, fraud, mistakes,omission, interruption, disorder, put off in operation or transmission, computer line, or network failure or anyother technical or different malfunction, consisting of losses or damages inside the form of lost earnings, loss of goodwill,lack of records, work stoppage, accuracy of consequences, or equipment failure or malfunction. The foregoing limitationsof legal responsibility will follow even if any of the foregoing occasions or situations were foreseeable or even if theBNED Parties were cautioned of or ought to have recognised of the possibility of such losses or damages, regardless ofwhether you carry an motion based in contract, negligence, strict legal responsibility, or tort (together with whether or not brought about,in entire or in element, via negligence, acts of God, telecommunications failure, or destruction of the Services).

EXCEPT AS MAY BE PROVIDED IN ANY APPLICABLE ADDITIONAL TERMS, TO THE FULLEST EXTENT NOTPROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE BNED PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES,LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICES AND YOUR RIGHTS UNDER THESETERMS OF USE, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID BNED IN CONNECTION WITH THE TRANSACTION(S) THATUNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A COURT OR TRIBUNAL WITH APPLICABLEJURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMITANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY BNED OR A MANUFACTURER OF A PHYSICAL PRODUCT.

The liability boundaries on this Section eight aren’t meant to restriction any explicit warrantiesfrom relevant product manufacturers of physical merchandise offered through the Services, or any specific warranties byBNED which are covered in applicable Additional Terms.

APPLICABLE JURISDICTIONAL LIMITS. CERTAIN JURISDICTIONS, SUCH AS NEWJERSEY, DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF OR LIMITATIONOF CERTAIN DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TOYOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.ESSENTIAL PURPOSE.UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS,EXCLUSIONS ANDLIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. Arbitration and Dispute Terms.

Forum Selection/Jurisdiction. Jurisdiction and venue for any controversy, allegation, orclaim bobbing up out of or referring to the Services, the Content, your UGC, these Terms of Use, or any applicableAdditional Terms, (collectively, “Dispute”) will be in New York, New York. Each birthday celebration submits to personaljurisdiction and venue in New York, New York for any and all purposes.Pre-Arbitration Notification. BNED and you settle that it would be positive todiscuss and optimistically solve any Disputes earlier than formal lawsuits are initiated; supplied, however, thatBNED need now not accomplish that in occasions wherein its claims of Intellectual Property rights are worried (“IPDisputes,” with all other disputes referred to as “General Disputes”). The birthday party creating a claim –whether you or BNED – shall send a letter to the opposite side in brief summarizing the declare and therequest for remedy. If BNED is creating a declare, the letter shall be despatched, thru e-mail, to the e-mail addresslisted for your BNED account, as relevant. If no such information exists or if such data is notcurrent, then we have no notification or postpone duties under this Section 9(b). If you’re making a declare,the letter shall be sent to: Barnes & Noble Education, 120 Mountain View Blvd., Basking Ridge, NJ 07920,Attn: Legal Department. If the Dispute is not resolved inside sixty (60) days after notification, the claimantmay proceed to provoke court cases as set forth in this Section nine. Either you or BNED, but, may also seekprovisional treatments (such as preliminary injunctive alleviation) issue to Section 9(d) before the expiration ofthis sixty (60)-day duration.Arbitration of Claims. Unless you deliver us word ofopt-out inside 5 (5) commercial enterprise days of your first use of the Services, addressed to: Barnes & NobleEducation, 120 Mountain View Blvd., Basking Ridge, NJ 07920, Attn: Legal Department, all movements orproceedings bobbing up in connection with, touching upon or referring to any Dispute, or the scope of theprovisions of this Section nine, will be submitted to JAMS (www.jamsadr.com) for final and binding arbitrationunder its Comprehensive Arbitration Rules and Procedures if the problem in dispute is over $250,000 or underits Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or much less, to be held inNew York, New York, before a unmarried arbitrator. If the matter in dispute is between BNED and a consumer, thematter will be submitted to JAMS according with its Policy on Consumer Arbitration Pursuant toPre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutualagreement of the events or, if the parties can’t agree, then via striking from a list of arbitrators suppliedby JAMS. We may also have the right to pay the JAMS costs if required for arbitration to be enforceable. Thearbitration will be a confidential intending, closed to the overall public; provided, however, that a partymay disclose records regarding the arbitration lawsuits to its and its affiliates’ attorneys, insuranceproviders, auditors and other professional advisers. The fact that there’s a dispute between the parties thatis the concern of arbitration will be private to the identical volume. The arbitrator shall difficulty a writtenopinion declaring the critical findings and conclusions upon which the arbitrator’s award is based totally. Neitherparty shall be entitled or permitted to commence or hold any motion in a court docket of regulation with admire to anymatter in dispute until such count shall have been submitted to arbitration as herein furnished and then onlyfor the enforcement of the arbitrator’s award; furnished, but, that prior to the appointment of thearbitrator or for treatments beyond the jurisdiction of an arbitrator, at any time, either birthday celebration might also seekpendente lite alleviation (issue to the provisions of those Terms of Use waiving or restricting that remedy) in acourt of capable jurisdiction in New York, New York or, if sought by BNED, such different court that may havejurisdiction over you, with out thereby waiving its right to arbitration of the dispute or controversy underthis Section 9; supplied similarly, however, that the losing birthday party shall have fifteen (15) enterprise days afterthe issuance of the arbitrator’s decision to absolutely observe such decision, and then the triumphing partymay implement such decision through a petition to the Supreme Court, Civil Branch, New York County or, inside the case ofyou, such other court having jurisdiction over you, which can be made exparte, for affirmation and enforcement of the award. To the volume there are anychallenges to the arbitrability of a claim, the arbitrator shall determine any and all such demanding situations.Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLELAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THESERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOUTO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTIONWITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OROTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THESERVICES, CONTENT, UGC, PRODUCT, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY BNEDPARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY BARTLEBYPARTY.Governing Law. These Terms of Use and any relevant Additional Terms, General Disputesand IPDisputes, and some other declare added via you towards the BNED Parties or through BNED towards you pursuant to thisSection nine, or otherwise associated with the Services, Content, Licensed Elements, UGC, products or BNEDIntellectual Property, may be governed by using, construed, and resolved in accordance with, the legal guidelines of the Stateof New York, U.S.A., with out regard to its conflicts of law provisions that would observe the laws of anotherjurisdiction. This Section 9 will be governed solely via the Federal Arbitration Act, 9 U.S.C. §1, et seq.,and no longer by the regulation of any country, and is enforceable pursuant to its phrases on a self-executing basis. You andBNED agree that we intend that this Section nine satisfies the “writing” requirement of the Federal ArbitrationAct. This Section 9 can most effective be amended with the aid of mutual agreement. Either celebration may additionally are trying to find enforcement of this Section9 in any court of competent jurisdiction.Class Action Waiver. As accredited via relevant law, both you and BNED waive theright to bring any Dispute as a category, consolidated, representative, collective, or personal attorney generalaction, or to take part in a class, consolidated, representative, collective, or non-public legal professional generalaction concerning any Dispute introduced through everybody else. Notwithstanding any provision in the JAMS ComprehensiveArbitration Rules and Procedures to the opposite, the arbitrator shall not have the authority or anyjurisdiction to pay attention the arbitration as a category, consolidated, representative, or non-public legal professional generalaction or to consolidate, be part of, or otherwise combine the Disputes of various people into one proceeding.Notwithstanding the arbitration provision set forth above, if the provision concerning waiver of class,collective, representative, and personal legal professional trendy claims of this Section nine is determined to be void orotherwise unenforceable, this sort of elegance, collective, representative, or personal attorney widespread claims mustbe heard and determined via the suitable court intending, and not in arbitration.Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVETHEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHINGUPON OR RELATING TO THESE TERMS, THE BREACH THEREOF AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION,WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.Small Claims Matters. Notwithstanding theforegoing, both of us may additionally carry qualifying declare of General Dispute (however not IP Disputes) in small claimscourt, difficulty to Section nine(f).Survival. Theprovisions of this Section nine shall supersede any inconsistent provisions of any prior settlement among theparties. This Section nine shall stay in full pressure and impact notwithstanding any termination of your use of theServices or those Terms of Use.

10. General Provisions.

BNED’s Consent or Approval. As to any provision in those Terms of Use or any applicableAdditional Terms that grants BNED a proper of consent or approval, or permits BNED to exercise a right in its”sole discretion,” BNED can also exercise that proper in its sole and absolute discretion. No BNED consent orapproval may be deemed to were granted by BNED without being in writing and signed by way of an officer ofBNED.Indemnity. As accepted by way of relevant regulation, you compromise to, and also you hereby, shield (if asked byBNED), indemnify, and preserve the BNED Parties innocent from and towards any and all claims, damages, losses,prices, investigations, liabilities, judgments, fines, penalties, settlements, interest, and fees(consisting of legal professionals’ charges) that directly or indirectly get up from or are related to any claim, fit, action,demand, or intending made or brought towards any BNED Party, or due to the research, protection, orsettlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Services and youractivities in reference to the Services; (iii) your breach or alleged breach of these Terms of Use or anyapplicable Additional Terms; (iv) your violation or alleged violation of any laws, policies, regulations, codes,statutes, ordinances, or orders of any governmental or quasi-governmental authorities in reference to youruse of the Services or your sports in connection with the Services; (v) records or materialtransmitted via your Device, even if not submitted through you, that infringes, violates, or misappropriatesany copyright, trademark, alternate secret, trade get dressed, patent, publicity, privacy, or other proper of any personor entity; (vi) any misrepresentation made via you; and (vii) the BNED Parties’ use of the records that yousubmit to us (consisting of your UGC) subject to our Privacy Policy (all of the foregoing, “Claims andLosses”). You will cooperate as absolutely required with the aid of the BNED Parties within the defense of any Claims and Losses.Notwithstanding the foregoing, the BNED Parties hold the unique proper to settle, compromise, and pay anyand all Claims and Losses. The BNED Parties reserve the right to anticipate the exceptional protection and manage ofany Claims and Losses. You will now not settle any Claims and Losses with out, in each instance, the prior writtenconsent of an officer of BNED. This section isn’t always intended to restriction any reasons of motion against us that Plagiarism youmay have however aren’t waivable underneath relevant law.Operation of Services; Availability of Products and Services;International Issues. BNED controls and operates the Services from the U.S., and makes no representationthat theServices is suitable or to be had to be used beyond the U.S. If you operate the Services from different places, youare doing so in your personal initiative and accountable for compliance with relevant legal guidelines concerning your onlineconduct and suitable content, if and to the volume legal guidelines follow.Export Controls. You are chargeable for complying with all applicable change guidelines and lawsboth foreignand domestic. Except as authorized by means of U.S. law, you compromise and warrant now not to export or re-export the softwareto any county, or to any person, entity, or quit-user challenge to U.S. export controls or sanctions.Interpretation. Headings used in those Terms of Use are for reference best and shall notaffect themeaning of any phrases. “Including” method “including, with out quandary.” The singular consists of the plural andvice versa. These Terms of Use, and the relevant Additional Terms, are binding upon each birthday celebration and itssuccessors and accepted assigns.Entire Agreement. Except for any Additional Terms that practice in your use ofthe Services as we may also notify or make to be had to you, this is the entire knowledge between you and usregarding using the Services, and supersedes all prior and contemporaneous agreements and understandingsbetween you and us regarding this concern count.Severability. The provisions of those Terms of Use are intended to be severable. If for anyreason anyprovision of these Terms of Use is held invalid or unenforceable in entire or in part in any applicablejurisdiction, such provision shall, as to such jurisdiction, be useless to the quantity of such invalidityor unenforceability with out in any manner affecting the validity or enforceability thereof in any otherjurisdiction or the remaining provisions hereof in that or every other jurisdiction.Our Affiliates, Suppliers and Licensors. Our affiliates, providers, licensors and other BNEDParties are intended third-party beneficiaries of these Terms of Use.No Waiver. Our failure or put off to exercising or implement any proper,remedy or provision of those Terms of Use or by means of regulation will now not operate as a waiver of such or another proper,treatment or provision.Notices. Where we want to send you notices underneath these Terms of Use or in connection withyouruse of the Services, you hereby consent to receive digital notices from us, whether addressed to the emailaddress associated with your account or every other e mail address that you provide to us. To the maximum extentpermitted by using applicable regulation, you well known and agree that any conversation through email or with the aid of postings on theServices satisfies any felony requirement that such communications be made in writing. All legal notices to usmust be sent to: Barnes & Noble Education, Inc., 120 Mountainview Blvd., Basking Ridge, NJ 07920,Attention: Legal Department.Force Majeure. We will not be susceptible to you for failing to perform ourobligations under or bobbing up out of those Terms of Use, or the applicable Additional Terms, or any applicablelaws or regulations due to any occasion past our reasonable manipulate, including a hard work disturbance, aninternet outage or interruption of carrier, a communications outage, failure through a carrier issuer or anyother 0.33 party to carry out, acts of war or other movement of navy forces, terrorism, rise up, civilcommotion, sabotage, vandalism, accident, fire, flood, acts of god, strike, lock-out or different industrialdisputes (whether or not regarding our employees or the ones of our affiliates, suppliers or licensors) orlegislative or administrative interference (including those giving upward push to forex changes or otherwiseaffecting our capacity to operate or provide the nook service, whether in complete or in part).Changes to Services and Amendments to those Terms of Use. To the most extentpermitted through applicable law, we can also, in our sole discretion, trade, adjust, suspend, make improvements to ordiscontinue any factor of the Services, quickly or permanently, in entire or in element, at any time with orwithout note to you, and we can now not be chargeable for doing so. We reserve the proper occasionally tomodify those Terms of Use in our sole discretion. Your use of the Services after any amendment we makeconstitutes your attractiveness of the most latest version of those Terms of Use as changed.Assignment. These Terms of Use and all of your rights and responsibilities below it are notassignable ortransferable with the aid of you with out our prior written consent. We may also freely assign, transfer, or delegate those Termsof Use or any of our rights and responsibilities under it.Contact Information. For help with the Services or if you have any questionsregarding the Services or those Terms of Use, please contact customer support at [email protected] acknowledge that we haveno responsibility to provide you with customer service of any kind and that customer service personnel cannotchange or waive those Terms of Use or the relevant Additional Terms.

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