NOOK User Guide Policies 209YOUR NOOK, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE ORLOST DATA, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED,INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY,PRODUCT DEFECT OR MISREPRESENTATION, EVEN IF ADVISED OF THE POSSIBILITYOF SUCH DAMAGES OCCURRING, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIALPURPOSE.Some states do not allow the exclusion or limitation of incidental or consequential damages, so theabove exclusion may not apply to you.Applicable LawThis Limited Warranty is valid only in the United States of America. The laws of the State of NewYork, U.S.A. will apply to this Limited Warranty, though the laws of your state of residence mayapply to any tort claims and any claims under any consumer protection statutes, as provided underapplicable law.AT&T Terms of Service & Acceptable Use PolicyThe following AT&T Terms of Service & Acceptable Use Policy governs your use of AT&TWi-Fi hotspots with your NOOK. They are current at the time of production of this guide.The current version can be found at:https://secure.sbc.com/tosaup.adpThese Terms of Service & Acceptable Use Policy (the “Terms”) govern your use of AT&T InternetServices’ AT&T Wi-Fi service (“Service”) and the AT&T Internet Services network (“Network”).If you connect to the AT&T Wi-Fi service via one of AT&T’s roaming partners, your use of theService will also be governed by that provider’s Terms of Service and Acceptable Use Policy, whichwill be available on the first screen that you see when you access the Wi-Fi service. Before usingthe Service, read the following Terms. Your use of the Service represents your agreement to theseTerms. If you do not agree with these Terms, do not use the Service.Terms of ServiceDescription of the ServiceThe Service is provided by AT&T Internet Services (“AT&T”). The Service provides you withwireless access to the Internet via certain AT&T high-speed Internet access points (“Locations”)and, depending on your Service plan, certain roaming partner locations. AT&T offers two typesof plans: (1) subscription plans for AT&T High Speed Internet Customers (“Subscription”); and(2) membership plans for those who do not have AT&T High Speed Internet (“Membership”)(Membership plans include special offers such as the Starbucks Loyalty Membership and StarbucksPartner Membership program). Membership customers are also subject to the terms of conditionsof the applicable End User Membership Agreement.