Amazon Technologies Kindle DX D00611 - Manual (Page 142)

Appendix · 142 KINDLE DX USER’S GUIDE 2 nd EDITION
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, NEITHER
AMAZON NOR ITS SUPPLIERS OR LICENSORS SHALL BE LIABLE TO YOU FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR
IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
ANY OTHER LEGAL THEORY RELATED TO THE SERVICE, DEVICE, DIGITAL CONTENT
OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES ARISING OUT
OF LOSS OF PROFITS, REVENUE, DATA OR USE OF THE DEVICE OR SOFTWARE
OR ANY ASSOCIATED PRODUCT, EVEN IF AMAZON HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, AMAZON’S AGGREGATE LIABILITY
UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID
FOR THE DEVICE. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Washington Law Applies. The laws of the state of Washington, without regard to
principles of conflict of laws, will govern this Agreement and any dispute of any sort
that might arise between you and Amazon.
Disputes. ANY DISPUTE ARISING OUT OF OR RELATING IN ANYWAY TO THIS
AGREEMENT SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN SEATTLE,
WASHINGTON, EXCEPT THAT, TO THE EXTENT YOU HAVE IN ANY MANNER
VIOLATED OR THREATENED TO VIOLATE AMAZON’S INTELLECTUAL PROPERTY
RIGHTS, AMAZON MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY
STATE OR FEDERAL COURT IN THE STATE OF WASHINGTON, AND YOU CONSENT
TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS. The arbitrator’s
award shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
Severability. If any term or condition of this Agreement shall be deemed invalid, void,
or for any reason unenforceable, that part shall be deemed severable and shall not
affect the validity and enforceability of any remaining term or condition.
Amendment. Amazon reserves the right to amend any of the terms of this Agreement
at its sole discretion by posting the revised terms on the Kindle Store or the Amazon.
com website. Your continued use of the Device and Software after the effective date
of any such amendment shall be deemed your agreement to be bound by such
amendment.