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Effective Date and Last Updated: September 03, 2020
BNED provides a family of products, Internet sites, services and browser-based and/or mobile applications (collectively, "Services"). BNED may collect information, including personal information, directly from you when you purchase products from us, register on or use the Services. For example, we collect information from you when you create a user account; make purchases through the Services; subscribe to receive emails or notifications; or otherwise communicate with us through the Services. "Personal Information" is information that identifies you specifically, and the types of Personal Information we collect may include your name, address, email address, phone number, grade, school and student identification number.
Certain information about you may be collected automatically when you access or use the Services. This information may include Internet Protocol ("IP") address, browser and device type, operating system characteristics, information about your use of the Services, and data regarding network-connected hardware (such as unique device identifiers, type, model, version, MAC address, device or session ID, functionality, performance data, and connection type). This information also may include clickstream data, which illustrates the page-by-page path(s) you take as you browse the Services.
We may use information we obtain about you for various purposes, including to:
In addition, we may use information we obtain about you through your use of the Services as otherwise reasonable and appropriate to fulfill BNED's legitimate business needs related to our operation of the Services and as otherwise permitted pursuant to our bookstore management agreements with educational institutions.
Certain of our BNED affiliates within our corporate family, agents, vendors, consultants, the educational institutions with which we have management agreements to perform retail bookstore services, and other service providers may have access to your Personal Information, such as name, address, email address, phone number, grade, school and student identification number, to carry out work on our behalf or to provide services or information to you. These third-party service providers and agents are prohibited from using your Personal Information for any purpose other than to provide this assistance. We also may share information about you for the following purposes:
California minors should see the "Minors" section below regarding potential removal of certain UGC they have posted on the Services.
We may provide web page(s), or other mechanisms or processes allowing you to delete, correct, or update some of the Personal Information that we collect from you, and potentially certain other information about you (e.g., profile and account information). We will make good faith efforts to make requested changes in our then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from our databases and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data: (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.
California minors should see the "Minors" section below regarding potential removal of certain UGC they have posted on the Services.
In the event that our ownership was to change as a result of a merger, acquisition, or any transaction involving the transfer of some or all of our assets by another company, your Services information may be transferred. We will provide you notice prior to any such transfer of your Personal Information.
Barnes & Noble Education, Inc.
120 Mountain View Blvd.
Basking Ridge, NJ 07920
Attention: Chief Privacy Officer
The California Consumer Privacy Act ("CCPA"), which provides California Consumers certain rights regarding their Personal Information ("PI") as those terms are defined in the CCPA, became effective on January 1, 2020. We are providing you with notice of the PI we collect and our purposes for that collection for data that may be subject to the CCPA ("CCPA Notice"). This CCPA Notice does not cover information that is outside of the scope of the CCPA. This notice also does not apply to data collected from employees, applicants or contractors or to data collected from individuals acting as representatives of another business in connection with business communications or transactions.
We collect PI directly from you, your device or browser, your education institution, our service providers and suppliers, and our corporate affiliates. We use and share PI for the following business purposes:
We collect the following categories of PI from Consumers which we share with our service providers, agents and licensees who perform services on our behalf, with our affiliates, and with your education institution:
If you are a California Consumer and would like to register a request under your "right to know about personal information collected, disclosed or sold" (including right to obtain copies of specific pieces and/or information about categories of PI practices), "right to request deletion of personal information," or "right to opt-out of the sale of personal information," you can contact us at CaliforniaPrivacy@BNED.com or toll-free at 833-720-0427. You have the right to not receive discriminatory treatment in a manner prohibited by the CCPA because of exercising your rights under the CCPA.
To fulfill your CCPA request, we may require you to provide sufficient information to reasonably verify you are the Consumer about whom we collected PI. This verification process includes providing us at least two (2) unique data points, depending on the type of request.
Consumers have the right to exercise CCPA privacy rights via an authorized agent who meets the agency requirements of the CCPA. Authorized agent requests must include a copy of the agency agreement between the authorized agent and the consumer. We will ask the consumer to independently confirm the agency relationship.
You have the right, subject to statutory exceptions, to request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.
You may alternatively exercise more limited control of your PI by instead by canceling or modifying our email marketing communications you receive from us. You can do so by following the instructions contained within our promotional emails.
We do not "sell" PI that we collect from you, including PI of minors under the age of 16, in accordance with the definition of "sell" in the CCPA. We treat all PI that we collect from you as subject to a "do not sell" request.
We are not responsible for the completeness, accuracy or effectiveness of any third-party programs, tools or frameworks, or the information they provide.
Effective Date and Last Updated: September 03, 2020
Effective Date and Last Updated: January 14, 2020
Ownership. The Services and all of its content (collectively, "Content"), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein ("Intellectual Property"), are owned or controlled by BNED, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Services is the property of BNED, our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. BNED owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Services.
Additional Terms for Usage Subscriptions. Purchases of usage subscriptions (e.g., credits, points, and/or virtual currency) or any virtual items made available on the Services are nonrefundable, have no monetary value (i.e., are not a cash account or equivalent), and are purchases of only a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to use those items only, even if such came with a durational term (e.g., a monthly subscription). Any attempt to transfer, assign or otherwise sell or trade such subscription, regardless of manner or method, is null and void. Suspension or termination thereof results in the forfeit of the suspended or terminated subscription or items, except as may be noted in the applicable Additional Terms. As permitted by law, we are not responsible for repairing or reissuing any credit or refund or any other sum, as a result of our modification of any usage subscriptions or virtual item, or for loss or damage due to error, or any other reason.
Additional Terms for Bartleby Tutor. One-time purchases of minutes to be used for real-time tutoring sessions offered through Bartleby Tutor must be used within ninety (90) days from the date of purchase. Any unused minutes thereafter are nonrefundable and cannot be redeemed for any credit or other value. Minutes purchased through subscriptions to Bartleby Tutor expire upon any cancellation of the Bartleby Tutor subscription; any unused minutes at the time of such cancellation cannot be refunded or otherwise be credited back to your account.
Rights of Others. In using the Services, you must respect the Intellectual Property and rights of others and BNED. Your unauthorized use of Content may violate the rights of others and applicable laws and may result in your civil and criminal liability. If you believe that your work has been infringed via the Services, see Section 5 below.
Terms applicable for Apple IOS.
Creating an Account. Accounts may only be set up you (and if not you, by an authorized representative of the individual that is the subject of the account and who is of the age of majority). We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Services. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials and for restricting access to your Device and for all activity under your account. Usernames and passwords must be personal and unique, not violate the rights of any person or entity, and not be offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us here of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
Subscriptions; Rentals; Purchases; Taxes. In order to access certain features of the Services, you may be required to make a purchase or enter into a subscription. Moreover, some aspects of the Services may allow you to place orders for or rent products.
Availability of Services and Content. BNED, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Services and/or Content (and any elements and features of them), in whole or in part, for any reason, in BNED's sole discretion, and without advance notice or liability.
Internet Connectivity Charges. Internet connectivity is required to access the Services. Any access fees or charges applicable to your internet connectivity are solely your responsibility. Certain internet service providers, including wireless carriers, may charge fees for data connections based on the total amount of data you access. We are in no way responsible for the fees charged by or policies of internet service providers or others with whom you contract for such internet connectivity.
Wireless Features. The Services may offer certain features and services via your wireless Device. Features and services may include the ability to access the Services' features, upload content to the Services, receive messages from the Services, and download applications to your wireless Device (collectively, "Wireless Features"). You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Services for Wireless Features, then you agree to notify BNED of any changes to your wireless contact information (including phone number) and update your accounts on the Services to reflect the changes. If the Services includes push notifications or other mobile communication capability, you hereby approve of our delivery of electronic communications directly to your mobile Device. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when the Services is running in the background. You may have the ability, and it is your responsibility, to adjust the notifications you do, or do not, receive via your Device through your Device and/or app settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.
Text and Email Messages.
DMCA Notification. If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to identify content or material posted on the Services that is infringing and that you would like removed from our Services, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions in this Section 5.
DMCA Requirements. We are committed to complying with U.S. copyright and related Intellectual Property laws. Our policy is to respond to notices of alleged infringement that comply with the DMCA. It is our policy to remove and discontinue service to repeat offenders. If you believe your copyrighted work has been copied and is accessible on the Services in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in accordance with the requirements of the DMCA:
DMCA Counter-Notification. If access on the Services to a work that you submitted to BNED is disabled or the work is removed as a result of a DMCA copyright infringement notice, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a "Counter-Notification" to the email address listed above. Your DMCA Counter-Notification should contain the following information:
Receipt of DMCA Counter-Notification. If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the address above that the party who sent us the DMCA copyright infringement notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Services. Upon our receipt of a Counter-Notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures regarding counter notification. All Counter-Notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, you expressly agree that neither BNED nor any of its affiliates or their employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement. Please note you may be held liable for money damages if you materially misrepresent an activity is infringing your copyrights.
We strive to accurately describe our products or services offered on the Services; however, we do not warrant that such specifications, pricing, or other content on the Services is complete, accurate, reliable, current, or error-free. As permitted by applicable law, BNED shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from BNED is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.
Termination by Us. We may, upon notice to you, issue a warning, temporarily suspend, indefinitely suspend, or terminate your account or your access to all or any part of the Services for any reason in our sole discretion. In certain cases, in our sole discretion, we may provide you with a written notice (a "Restriction Notice") to inform you: (i) your right to use or access any part of the Services has been terminated, including the right to use, access or create any account thereon; (ii) we refuse to provide any Services to you; and (iii) any subsequent orders placed by you will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
DISCLAIMER OF WARRANTIES AND CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 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 ALL FAULTS" BASIS WITHOUT 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 (AS APPLICABLE) 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) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 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 LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT, OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT: (X) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY BARTLEBY PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY BARTLEBY PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (Y) BNED PARTIES' LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY BNED PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (Z) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST BNED PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.
EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BNED PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL 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, UGC OR OTHER BNED PRODUCTS OR SERVICES REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY BNED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to the Services (including the Content and the UGC), including without limitation:
The liability limitations in this Section 8 are not intended to limit any express warranties from applicable product manufacturers of physical products sold via the Services, or any express warranties by BNED that are included in applicable Additional Terms.
APPLICABLE JURISDICTIONAL LIMITS. CERTAIN JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF 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.
ESSENTIAL PURPOSE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS APPLY, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Pre-Arbitration Notification. BNED and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that BNED need not do so in circumstances where its claims of Intellectual Property rights are concerned ("IP Disputes," with all other disputes referred to as "General Disputes"). The party making a claim - whether you or BNED - shall send a letter to the other side briefly summarizing the claim and the request for relief. If BNED is making a claim, the letter shall be sent, via email, to the email address listed in your BNED account, as applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 9(b). If you are making a claim, 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 within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 9. Either you or BNED, however, may seek provisional remedies (such as preliminary injunctive relief) subject to Section 9(d) before the expiration of this sixty (60)-day period.
Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICES, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE SERVICES, CONTENT, UGC, PRODUCT, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY BNED PARTY (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY BARTLEBY PARTY.
Class Action Waiver. As permitted by applicable law, both you and BNED waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 9 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON 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 the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 9(f).
Operation of Services; Availability of Products and Services; International Issues. BNED controls and operates the Services from the U.S., and makes no representation that the Services is appropriate or available for use beyond the U.S. If you use the Services from other locations, you are doing so on your own initiative and responsible for compliance with applicable laws regarding your online conduct and acceptable content, if and to the extent laws apply.
Export Controls. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
Entire Agreement. Except for any Additional Terms that apply to your use of the Services as we may notify or make available to you, this is the entire understanding between you and us regarding the use of the Services, and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.