DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
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.
