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Privacy & Cookies
Last Updated 20 September, 2012.
Thank you for placing your trust in New Balance. You are very important to us and we want to provide you with a safe and secure online experience. This Privacy and Cookies Notice describes how we collect and use your information and explains the choices that you have with regard to how we use your information. The Privacy and Cookies Notice applies to "www.newbalance.co.uk" (the "Service") operated by New Balance Athletic Shoes (UK) Ltd. and its affiliates ( “New Balance”, “we”, “us”, or “our”), whether you are a “Visitor” (which means that you simply browse the Service) or you are a “Member” (which means that you have registered or transacted with the Service or a component thereof). New Balance will be a Data Controller for the purposes of relevant EU Data Protection legislation. By using the Service and providing us with information through the Service, you consent to this Privacy Notice. We suggest that you review this Privacy Notice periodically as we will update and change it from time to time.
What information does New Balance collect about me?
Like most websites, every time you visit our Service, we automatically collect information from you that would not allow you to be personally identifiable to us. Examples of this type of information include:
- The type of Internet browser you are using
- The type of computer operating system you are using
- The domain name of your Internet service provider
- The Web page from which you came
- The pages you visit on our website
When you visit the Service, we may track your visit and, as described below in the section concerning “cookies”, collect certain data regarding your use of the Service and your activity on the Service, but we will not collect any identifiable information, such as name, email address, postal address, phone number, gender, and, when necessary, credit card information or other information necessary to process your order or send you special announcements (“Personal Information”) from you unless you choose to provide it to us.
When you make a purchase from New Balance, request to sign up for email or direct mail, we collect Personal Information that you have volunteered. Your submission of this Personal Information is entirely voluntary; however, if you elect not to provide this Personal Information, some of the services and/or features available on and/or through the Service may not be available for your use.
We also collect Personal Information when you elect to submit such information to us when you register for "My Account", participate in a contest, event or sweepstakes promotion, fill out a survey, or contact us (for example via email or by selecting "Ask the Expert" from the Service).
We may also obtain data through your Internet browser, such as your IP Address, which is a number that is automatically assigned to your computer when you use the Internet.
How do you use my Personal Information?
The Personal Information we receive allows us to personalize our product offering and improve your online shopping experience, making it more convenient, efficient and enjoyable. We may use the Personal Information that you submit to us through the Service to:
- Customize your communications and shopping experience
- Process your purchase, confirm your orders and communicate to you about account information or customer service needs
- Adapt the content and layout of our pages tailored to your needs and so you do not have to enter information more than once
- Notify you about new products and services, special offerings and other promotions
- Coordinate contests, promotions, surveys or other website features
- Improve our business and better respond to your needs
How do you share my information?
For the purpose of operating our business, we may transfer your Personal Information to our international offices and/or to third party service providers who may be located anywhere in the world who use that information only to conduct New Balance business. For example, these third party service providers may handle New Balance credit card processing, shipping, data management, email distribution, information analysis, and promotions management. We provide our preferred service providers with the Personal Information they need to perform their services and work with them to respect and protect your Personal Information. If you do not want New Balance to transmit your Personal Information to our third party service providers in accordance with this Privacy Notice, please follow the procedures described under the Opt-Out/Unsubscribe section below. By providing us with your Personal Information you agree that we may transfer the data outside the European Union for as set out in this Privacy and Cookies Notice.
We may use aggregated statistical information derived from your Personal Information for purposes such as reporting and marketing. For these purposes no use will be made of your Personal Information.
On rare occasions, we may disclose Personal Information upon governmental request, in response to a court order, when required by law, to enforce our website policies, or to protect our or others' rights, property, or safety. We may also share Personal Information with companies assisting in fraud protection or investigation. We do not provide Personal Information to these agencies or companies for marketing or commercial purposes.
Except as otherwise disclosed in this Privacy Notice or with your prior consent, we will not sell, trade or rent Personal Information to other companies as part of our regular course of business. However, it's possible that we might acquire or merge with or be acquired by another company or that we might dispose of some or all of our assets. If that happens, your Personal Information may be disclosed to another company, but that disclosure will be subject to the Privacy Notice in effect.
What about information that I post to blogs and other public areas of the Service?
This Privacy Notice does not apply to any Personal Information collected by New Balance through means other than the Service. This Privacy Notice shall not apply to any unsolicited, whether or not personal, information you provide through the Service or through any other means. This includes, but is not limited to, information posted to any public areas of the Service, such as the NB blog, any ideas for new products or modifications to existing products, and/or other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and you consent to New Balance being able to reproduce, use, disclose, and distribute anywhere in the world such Unsolicited Information to others without limitation or attribution. You should exercise caution before you post Personal Information that you post in public forums, such as the NB blog. Once you release your Personal Information for posting on public forums, New Balance cannot and will not be responsible for the privacy and/or security of such information.
How do I know my Personal Information is secure?
We have a variety of security measures to protect against the loss, misuse or alteration of your Personal Information that we have collected from you from the Service. To ensure the information you provide online is secure during transmission, we use leading-edge encryption technology and Secure Socket Layers (SSL) while processing any Personal Information you supply.
These controls are certified by VeriSign®, a leading Internet security company. You can review our security certificate using your browser by clicking on the closed lock or solid key image at the bottom of your browser on any of the secure pages on our site. This will display our Service security information.
For security purposes, your full credit card number is not permanently stored within our system. On occasion, we may temporarily store the entire encrypted credit card number when it is necessary to manually contact a credit card company for verification.
What are cookies, Web beacons and pixel tags? How does New Balance use them?
A cookie is a small removable data file stored by your Web browser on your computer. Cookies allow you to browse and place an order on our site and let us make shopping more convenient for you. We place a unique identifier in the cookie and use the cookie to connect your computer with the information we store for you in our database.
- Enable you to select products, place them in your shopping cart and make a purchase
- Recognize you when you come back to our site(s)
- Alert you to new areas that may be of interest to you
- Customize Web page content that may be helpful to you
- Cookies do not contain any Personal Information and they do not give us access to your computer.
- You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your Internet browser (such as Internet Explorer or Firefox) settings. Most browsers are initially set to accept cookies. Each browser is a little different, so check your browser Help menu to learn the correct way to modify your cookie settings. However, if you choose to turn cookies off, you won't be able to purchase on our site or have access to many features that make your site experience more efficient and convenient. However, you can still place orders over the telephone by calling our Customer Care Center toll-free at 0808 1010 2828.
Pixel tags and Web beacons are tiny graphic images that allow us or preferred service providers to track non-personally identifiable analytic information about your visit to our Service (such as pages viewed or links clicked). Pixel tags and Web beacons also let us know when you have opened an HTML email from us. Using this information we are able to understand how Visitors and Members use our service. This allows us to learn what pages are most attractive to our Visitors, which parts of the Service are the most interesting and what kind of offers our Members like to see.
What is the New Balance Children's Privacy Notice?
We do not knowingly ask for Personal Information from anyone under the age of 13 (a "Child"). If a Child submits Personal Information to us and we know that the person providing the information is a Child, we will not use it for any purpose. We will use commercially reasonable efforts to delete the information as soon as we discover it and we will not disclose it to third parties. If you become aware that a Child has provided Personal Information to our site, please contact us or call our Customer Care Center toll-free at 0808 101 2828.
While New Balance's Terms and Conditions prohibits children under 18 from registering with the Service, parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address and other Personal Information without parental permission.
How do links from New Balance to other sites affect me?
At times, we may provide links from our Service to other websites operated by third parties. These links are provided only for your convenience and intended to add value to your visit. However, by including these links, even if affiliated with New Balance, we do not have control over these sites, which are independent from New Balance and have separate privacy policies and terms and conditions and may use independent cookies. When leaving our Service, you need to be aware that our policies no longer apply. Therefore, we will not be responsible for the accuracy, relevancy, availability, reliability, copyright compliance, legality or decency of material contained in third party sites linked to our Service. We strongly encourage you to review the terms and privacy policies of any third party sites before using their sites.
How can I opt-out/unsubscribe from New Balance Email, Direct Mail or transmissions to third party service providers?
If for any reason you would like to be taken off the email list that notifies you of upcoming events, offers and sales sent by New Balance or to opt-out of having your Personal Information transmitted to our third party service providers, simply click the unsubscribe link provided at the bottom of every email and every page of our Service. This will direct you to an unsubscribe page where you can remove your name from either the email or direct mail sign-up.
Please note that if you decide to opt-out of all third party transmissions of your Personal Information, we may not be able to process your order.
How can I access, update or delete "My Account" information?
Accounts may be created during the ordering process. You can log in to or manage your account by clicking the "My Account" link at the top of any page. After logging in, you will be able to modify your contact information, update your billing and shipping addresses, view past orders, or delete your account completely. For security purposes, credit card information is not saved with your account. Remember that you are responsible for protecting the user name and password for your account and, as set forth in the Terms and Conditions, you will be responsible for all activity occurring through the use of your user name and password.
What if I have more questions about the New Balance Privacy Notice?
If you have any questions or concerns including a request to be added to or taken off a list, please contact us at Customer Care Center toll-free at 0808 101 2828 or email Customer Care at firstname.lastname@example.org.
TERMS AND CONDITIONS
Last Updated: 20 September, 2012
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
New Balance Athletic Shoes (UK) Ltd. and its affiliates (herein referred to as “New Balance”, “we,” “us” or “our”) provide and make available this website. By using the websites located at "www.newbalance.co.uk” and the pages, features, information, content, applications and services contained therein from time to time (collectively, the “Service”), you agree to these terms and conditions (“Terms and Conditions” or this “Agreement”), whether you are a “Visitor” (which means that you simply browse the Service) or you are a “Member” (which means that you have registered or transacted with the Service or a component thereof). The term “User” refers to a Visitor or a Member. If you do not agree to these Terms and Conditions, you should not use the Service. 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 are a Member 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 and Cookies Notice, which also governs your use of the Service. We advise you to print out these terms and conditions and the order acknowledgement for your own records.
1. PRODUCT PURCHASE
From time to time, New Balance may offer products for sale as part of the Service. New Balance reserves the right to change the descriptions, specifications, and prices of the products offered on the Service without notice and at any time. New Balance does not warrant that such descriptions, specifications and prices of such products are accurate, complete or current at all times. All products are sold subject to availability and such products may not be available for delivery. Products ordered using the Service will only be delivered to addresses in England, Northern Ireland, Scotland and Wales. New Balance cannot ship to BFPOs (UK Military addresses).
You must be 18 years of age to place an order using the Service.
All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions. Following your confirmation and placing of the order we send out an acknowledgement email detailing the order and the final price you will pay for the products including tax and shipping costs. Please note that this email is not> an order confirmation or order acceptance of your order by New Balance and we reserve the right to reject such order or limit the quantity of products under such order. Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it. Risk of loss and damage of goods passes to you on the date when the products are delivered by us.
We take payment from you at the time we receive your order. We will validate name, address and other personal information supplied by you during the order process against appropriate third party databases to prevent fraud. By accepting these terms and conditions you consent to such checks being made. In the event that we are unable to supply the goods, we will inform you of this as soon as possible and issue a full refund of any payment we have taken for the products.
We aim to ensure that the prices on our website are accurate, but errors may occur. If we discover an error in the price of products you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or of cancelling the order. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. We make every effort to deliver goods within the estimated timescales, but we bear no liability for any delay or failure to deliver the products within estimated timescales.
2. TRADEMARKS AND COPYRIGHTS
New Balance, the New Balance logo, the flying NB logo, N (design), newbalance.co.uk, the shopnewbalance.com logo, and other New Balance and newbalance.co.uk trademarks and logos are registered and unregistered trademarks and service marks of New Balance (the “New Balance Trademarks”), and the trade dress of New Balance’s products is owned by New Balance. All other trademarks on the Service are the property of the respective trademark owners (the “Third Party Trademarks”, and collectively with the New Balance Trademarks, the “Trademarks”). Unauthorized use of these trademarks is prohibited by law. No part of the Service nor anything in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without the prior written consent of New Balance specific for each such use. The Trademarks may not be used to disparage New Balance or the applicable third party, New Balance’s or third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without New Balance’s prior written consent. All goodwill generated from the use of any New Balance Trademark shall belong to New Balance. All copyright in the designs, Web pages and source code comprising the Service belongs to New Balance or its licensors. All rights reserved.
The following list is merely a representative sample of the Third Party Trademarks that may be in use at any given time on our Service. The use and specifics of these Third Party Marks can and will change without notice, and thus these Third Party Trademarks may not be currently in use on our Service: 3M® is a registered trademark of the 3M Company; Dri-Lex® is a registered trademark of Faytex Corporation; ETC® is a registered trademark of Sheehan Sales Associates; GORE-TEX® and XCR® are registered trademarks of W.L. Gore & Associates, Inc.; Lycra® and Tactel® are registered trademarks of Invista; Ortholite® is a registered trademark of O2 Partners LLC; Pebax® is a registered trademark of ARKEMA; Plastazote® is a registered trademark of Zotefoams, PLC; Poliyou® is a registered trademark of Kun Chang Enterprise Co., Ltd and Jones & Vining; Polartec® is a registered trademark of Malden Mills Industries Inc.; Scotchgard™ is a trademark of 3M Company; Vibram® is a registered trademark of Vibram S.P.A.; and X-Sole™ is a trademark of Hickory Brands, Inc.
3. RESTRICTIONS ON USE
All content and material on the Service, such as text, graphics, video, audiovisual works, 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 and intellectual property laws. Notwithstanding the foregoing, New Balance is not responsible for Content (as defined below) posted, submitted or transmitted by Users of the Service. Content and material from the Service and any other website 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 on the Service is provided for lawful purposes only. In the event you download software from the Service, the software, including any files, images, video or other audiovisual works 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. To the extent prohibited by law, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. The Software is further subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of United States export laws. Downloading or using the Software is at your sole risk.
Any other intellectual property embodied in the Service or New Balance products, including without limitation patents, issued or pending, or database rights are the sole property of New Balance and/or its licensors.
4. MEMBER ACCOUNT
Your access to and use of certain components of the Service as a Member is subject to verification of your authority to so access and use such components of the Service. You shall hold and secure any username and password that provides you access to the Service or any particular component thereof as strictly confidential, and you shall not allow any other person access to or use of such username and password. You are responsible for any and all activity related to the Service accessed or used via your account. You shall immediately notify New Balance of any unauthorized use of your username and password by sending an email to email@example.com.
New Balance may add, delete, remove, modify, disable, suspend or restrict some or all of the Service at its sole discretion without notice to you, and you acknowledge that: (i) you may no longer be able to use the Service to the same extent, or at all, as prior to such events, and (ii) New Balance shall have no liability to you or any third-party in such case. New Balance shall not be liable in any event for the addition, deletion, removal, modification, disabling, suspension or restriction of access to or use of any or all of the Service.
Use of and Membership in the Service is void where prohibited. By using the Service as a Member, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Service does not violate any applicable law or regulation. Your Membership may be terminated without warning, if we believe that you are under 18 years of age.
You are solely responsible for your interactions with other Members. New Balance reserves the right, but has no obligation, to monitor disputes between you and other Members.
5. 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, the Copyright Designs and Patents Act1988 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:
New Balance Athletic Shoes (UK) Ltd.
20 Guest Street
Boston, MA 02135-2088
Notices as to matters of copyright infringement should contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner who is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- 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.
- The address, telephone number or email address of the complaining party.
- 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.
- 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.
6. SUBMISSIONS AND COMMUNICATIONS
You agree that you will not upload or transmit any remarks, suggestions, messages (including without limitation to other Members) ideas, photographs, graphics, information, data, text, files, links, software, or other materials (“Content”) that: (i) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, or contain any malicious software, virus or code, (ii) are offensive or promote racism, bigotry, hatred or physical harm of any kind against any group or individual, (iii) harass or advocate harassment of another person, (iv) exploit people in a sexual or violent manner, (v) contain nudity, violence, or offensive subject matter or contain a link to an adult website, (vi) solicit personal information from anyone under 18, (vii) provide any telephone numbers, street addresses, last names, URLs or email addresses, (viii) promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (ix) promote any illegal or unauthorized copy of another person's copyrighted work, (x) involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”, (xi) contain restricted or password only access pages or hidden pages or images, (xii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, (xiii) solicit passwords or personal information for commercial or unlawful purposes from other Users, (xiv) involve commercial activities and/or sales without New Balance’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, (xv) imply that New Balance endorses any of your statements or positions, (xvi) impose an unreasonable burden on the Service’s server, or (xvii) include a photograph or personal information of another person that you have posted without that person's consent. New Balance reserves the right to monitor and, at it sole discretion, without notice remove any Content from the Service.
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 worldwide, paid-up, royalty-free, perpetual, irrevocable, sublicensable, assignable, 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 our Privacy and Cookies Notice). New Balance will be entitled to use the Content for any purpose whatsoever (consistent with our Privacy and Cookies Notice) 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 designs or 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.
New Balance shall have the right to refuse to post or transmit 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).
The Service may link to other websites 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 websites. The inclusion of a link to such website does not imply endorsement by New Balance and/or the Service. Viewing of any website linked to the Service is at your own risk.
You may not link to any of the websites in the Service other than www.newbalance.co.uk from another site without New Balance’s written consent. You may not display any of the websites in the Service, or any of the material on such websites, in frames on or within any other website without New Balance’s written consent.
You hereby agree to indemnify, defend and hold harmless New Balance and its subsidiaries, divisions and affiliates and each of their officers, directors, representatives, agents and employees (collectively, the “Indemnitees”) from and against any and all liability, damages and costs (including, without limitation, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Service, including without limitation with respect to any claim arising out of any Content that you submit or breach or alleged breach of any of your obligations set forth herein. New Balance reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of New Balance. You shall cooperate as fully as reasonably required in the defense of any claim.
NEW BALANCE, ITS SUBSIDIARIES, DIVISIONS AND AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “NEW BALANCE PARTIES”) DO 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. THE NEW BALANCE PARTIES 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, THE NEW BALANCE PARTIES DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE NEW BALANCE PARTIES DO 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.
THE NEW BALANCE PARTIES DO 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 THE NEW BALANCE PARTIES) 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.
10. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE NEW BALANCE PARTIES 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.
THE NEW BALANCE PARTIES 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 THE NEW BALANCE PARTIES OR IF AN AUTHORIZED REPRESENTATIVE OF THE NEW BALANCE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
THE NEW BALANCE PARTIES 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 WEBSITE.
11. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW (I) THE EXCLUSION OF IMPLIED WARRANTIES OR (II) THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR (III) THE EXCLUSION OF A PARTY'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET OUT IN SECTION 10 MAY NOT APPLY TO CERTAIN USERS.
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 or cancel your Membership immediately without notice if, in its sole judgment, you breach any provision of these Terms and Conditions or for any other reason (or no reason) whatsoever. Sections 1 (PRODUCT PURCHASE), 2 (TRADEMARKS AND COPYRIGHTS), 3 (RESTRICTIONS ON USE), 5 (POLICY CONCERNING CLAIMS OF INFRINGEMENT), 6 (SUBMISSIONS AND COMMUNICATIONS), 7 (LINKS), 8 (INDEMNIFICATION), 9 (DISCLAIMER), 10 (LIMITATION OF LIABILITY), 12 (TERMINATION) and 16 (MISCELLANEOUS) shall survive the termination of this Agreement.
13. COMPLIANCE WITH APPLICABLE LAWS
This Service is based in Boston, Massachusetts. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. To the maximum extent permitted by applicable law, access to the Service or the Content from outside the United States is at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdictions.
The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
14. IMPORTANT NOTICE FOR AMATEUR ATHLETES
You are responsible for ensuring that your use of or participation in the activities of this website does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. NEW BALANCE IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEBSITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
15. NO RESALE
You may use the Service only for your own non-commercial use to participate in the website or to place an order or purchase products. Any other use is prohibited unless agreed to by New Balance in writing.
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 and the United Nations Convention on Contracts for the International sale of Goods is hereby excluded. 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.