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Terms & Conditions

Terms & Conditions

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PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

By using the web site located at "www.newbalance.com" and the pages and services contained therein (collectively, the "Service"), you agree to these terms and conditions ("Terms and Conditions" or this "Agreement"). If you do not agree to these Terms and Conditions, you should not use the Service. New Balance Athletic Shoe, Inc., a Massachusetts corporation ("New Balance"), reserves the right to make changes to the Service and these Terms and Conditions at any time. The changes will take effect upon their posting on the Service (unless otherwise noted in such changes). Please review these Terms and Conditions as often as you feel necessary, since your continued viewing of and/or use of the Service will serve as your confirmation that you agree with and accept any and all changes. If you have registered on or with the Service and you do not agree with such changes, your sole remedy is to cancel your registration to the Service and discontinue all use of the Service. To understand our privacy practices, please review our Privacy Policy, which also governs your use of the Service.


TRADEMARKS AND COPYRIGHTS

New Balance, the New Balance logo, Achieve New Balance, Endorsed by No One, Suspension System, N-ergy, N-ergy S.C. System, Abzorb, Stability Web, Rollbar, Walking Strike Path, NB Sportscardmaker, and other New Balance trademarks are trademarks of New Balance. All other trademarks on the Service are the property of the respective trademark owners. Unauthorized use of these trademarks is prohibited by law. All designs, web pages and source code comprising the Service are copyrighted by New Balance beginning in 2001. All rights reserved.

Lycra® and Tactel® are registered trademarks of Invista

ETC® is a registered trademark of Sheehan Sales Associates

X-Sole™ is a product of Hickory Brands, Inc.

Plastazote® is a registered trademark of Zotefoams, PLC

Ortholite® is a registered trademark of O2 Partners LLC

3M® is a registered trademark of the 3M Company

Pebax® is a registered trademark of ARKEMA

Poliyou® is a registered trademark of Kun Chang Enterprise Co., Ltd and Jones & Vining

Scotchgard™ is a product of 3M Company

AEGIS&trade Anti-Microbial Insert, a product of Aegis Environmental Management, Inc

Polartec®, a registered trademark of Malden Mills Industries Inc.

Dri-Lex® is a registered trademark of Faytex Corporation

DuPont&trade Engage® and DuPont&trade Elvaloy® are registered trademarks of E.I. du Pont de Nemours and Company


RESTRICTIONS ON USE

All content and material on the Service, such as text, graphics, logos, photographs, icons, images, audio clips and software, are the property of New Balance or its licensors and are protected by United States and international copyright laws. The compilation of all content and material on the Service is the exclusive property of New Balance and protected by U.S. and international copyright laws. Content and material from the Service and any other web site owned, operated, licensed, or controlled by New Balance may not be copied, except by a user solely for his or her personal use, and such content and material may not be distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of New Balance. Modification or use of the content or material for any other purpose would violate New Balance's and/or its licensors' intellectual property rights. The content and material in the Service is provided for lawful purposes only. In the event you download software from the Service, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed non-exclusively to you by New Balance and/or its licensors. New Balance does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.


POLICY CONCERNING CLAIMS OF INFRINGEMENT

It is the policy of New Balance to respond expeditiously upon receiving notice of claimed intellectual property infringement on the Service. New Balance will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.

All notices as to matters of copyright infringement should be sent to our designated agent at the following address:

Ursula Stahl
DMCA Designated Agent
New Balance Athletic Shoe, Inc.
International Operations
Brighton Landing
20 Guest Street
Boston, MA 02135-2088
E-mail: ursula.stahl at newbalance.com
Notices as to matters of copyright infringement should contain the following information:

a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner who is allegedly infringed.

b. Identification of the copyrighted work claimed to have been infringed.

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit New Balance to locate the material.

d. The address, telephone number or email address of the complaining party.

e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

f. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

New Balance reserves the right to (i) remove any material which it believes may violate the copyright or other rights of any third party and/or (ii) limit access to or from the Service for any user whom New Balance believes is violating any such rights of others.


SUBMISSIONS

You agree that you will not upload or transmit any remarks, suggestions, ideas, photographs, graphics, information, data, text, files, links, software, or other materials ("Content") that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting Content to New Balance through the Service, you automatically represent and warrant that you have the right to grant, and do hereby grant, to New Balance the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such Content (in whole or part) worldwide and/or to incorporate all or any portion of it in other works in any form, media, or technology now known or later developed for the full term of any patent, trademark, trade secret, copyright or other proprietary rights of any party that may exist in such Content; and (b) use the Content, including without limitation, the right and license to make, use, sell, offer for sale, and import any products and/or services which practice or embody, or are configured for use in practicing, all or any portion of the Content and the right to practice. Under no circumstances will New Balance be required to treat any Content as confidential (subject to the Service's Privacy Policy). New Balance will be entitled to use the Content for any purpose whatsoever (consistent with the Service's Privacy Policy) without compensation to you or any other person. For the avoidance of doubt, New Balance will not be liable to you or any other person for any ideas for New Balance's business (including, without limitation, product ideas) derived from the Content and will not incur any liability as a result of any similarities to the Content that may appear in any future products or services of New Balance.

You acknowledge that you are responsible for whatever Content you submit, and you, not New Balance, shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights. You agree to indemnify and hold harmless New Balance, its subsidiaries, divisions, affiliates, agents and representatives against, any claim arising from any Content that you submit.

New Balance shall have the right to refuse to post all or any portion of any Content. By way of example and not in limitation of anything else in this Agreement, New Balance shall also have the right, but not the responsibility, to refuse, remove or edit any Content (in whole or in part).


LINKS

The Service may link to other web sites which are not maintained by New Balance and which are owned and operated by third parties. You acknowledge that New Balance is not responsible for the operation of, or content located on or through, any third-party web sites. The inclusion of a link to such web site does not imply endorsement by New Balance and/or the Service. Viewing of any web site linked to the Service is at your own risk.


DISCLAIMER

NEW BALANCE DOES NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NEW BALANCE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEW BALANCE DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEW BALANCE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

NEW BALANCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU (AND NOT NEW BALANCE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

YOU UNDERSTAND AND AGREE THAT THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE.


LIMITATION OF LIABILITY

NEW BALANCE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE SERVICE OR ANY CONTENT ON THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. NEW BALANCE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE SERVICE EVEN IF THERE IS NEGLIGENCE BY NEW BALANCE OR IF AN AUTHORIZED REPRESENTATIVE OF NEW BALANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. NEW BALANCE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM LINKING TO ANY THIRD-PARTY WEB SITE.


EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.


TERMINATION

New Balance may terminate any rights granted hereunder at any time. You may terminate any obligations granted hereunder by destroying: (a) all content and material obtained from the Service, and (b) all related documentation and all copies, printouts, and installations. New Balance may prevent your access to the Service immediately without notice if, in its sole judgment, you breach any provision of these Terms and Conditions.


MISCELLANEOUS

This Agreement constitutes the entire agreement between you and us, and supersedes all prior agreements or communications. If any provision of this Agreement is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement. No waiver shall be effective against us unless we make it in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Headings are for convenience only and have no legal import. This Agreement will be governed by the laws of the Commonwealth of Massachusetts applicable to contracts entered into and performed exclusively in Massachusetts. Any court of competent jurisdiction sitting within Suffolk County, Massachusetts will have exclusive jurisdiction and venue for any dispute arising out of or relating to the Service or this Agreement, and you hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue is not appropriate or convenient.