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terms and conditions
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Welcome to the New Balance Toronto web site ("Site"). Please review the
following terms and conditions which govern the use of and purchase of products from our Site
("Agreement"). By accessing, browsing, or using this Site, you acknowledge that you
have read, understand, and agree to be bound by these terms. If you do not agree to these
terms, please do not use this Site.
General
We may from time to time change the terms and conditions that govern your use of our Site.
Your use of our Site following any such change constitutes your agreement to follow and be
bound by the terms and conditions changed. We may change, move or delete portions of, or may
add to our Site from time to time.
Site Contents
Unless otherwise noted, all materials, including images, graphics, illustrations, design,
icons, photographs, written and other materials that are part of this Site (collectively,
the "Contents") are copyrights, trademarks, trade dress and/or other intellectual
properties owned, controlled or licensed to or by New Balance Toronto. This site as a
whole is protected by copyright and trade dress, all worldwide rights, titles and interest in
and to which are owned by New Balance Toronto. This Site and its Contents are controlled
and operated by New Balance Toronto from its offices in Toronto, Ontario.
Permission is granted to display, copy, distribute, download, and print in hard copy
portions of this Site for the purposes of:
(1) placing an order with New Balance Toronto or
(2) using this Site as a shopping resource, provided you do not modify the Site and that you
retain all copyright and other proprietary notices contained in the Contents.
Except in connection with shopping or placing an order, none of the Contents may be copied,
reproduced, distributed, republished, downloaded, displayed, posted electronically or
mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced
without the prior written permission of New Balance Toronto or the applicable copyright
owner.
Please note that the permission grant herein terminates automatically if you breach any of
these Site terms and conditions. Any other use of the Contents on this Site including
reproduction for purposes other that as noted above, and including any reproduction,
modification, distribution, or republication may violate copyright or trademark laws, and,
without the prior written permission of New Balance Toronto, is strictly prohibited.
Disclaimer of Warranty
THIS SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH WE BELIEVE THE CONTENT TO BE
ACCURATE, COMPLETE, AND CURRENT, NEW BALANCE TORONTO DOES NOT REPRESENT OR WARRANT THAT
THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability
information is subject to change without notice.
Disclaimer of Liability
IN NO EVENT SHALL NEW BALANCE TORONTO BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE,
DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO
CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE
USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. In an effort to provide our customers
with the most current information, New Balance Toronto will, from time to time, make
changes in the Contents and in the products or services described on this Site.
User Comments & Feedback
You agree that any material, information, and ideas that you transmit to this Site or
otherwise provide to New Balance Toronto ("Transmissions") shall be and remain
New Balance Toronto's property.
All Transmissions will be treated as non-confidential and non-proprietary and New Balance
Toronto shall be under no obligation of any kind with respect to such information and
shall be free to reproduce, use, disclose, and distribute the Transmissions to others without
limitation. Additionally, New Balance Toronto shall be free to use any ideas, concepts,
know-how, or techniques contained in such information for any purposes whatsoever including,
but not limited to, developing, manufacturing, or marketing products incorporating such
information. You further agree that New Balance Toronto may use information about your
demographics and use of this Site in any manner that does not reveal your identity.
In addition, you agree, and are hereby put on notice, that you are prohibited from posting
or transmitting to or from this Site any unlawful, threatening, libelous, defamatory,
inflammatory, pornographic, or profane material or any other material that could give rise to
any civil or criminal liability under law. You are solely responsible for the content of any
contents you make.
Customers
This Site and its Contents are displayed solely for use by and delivery to
Canadian residents.
New Balance Toronto cooperates with law enforcement agencies in identifying those who
use our services for illegal activities. We reserve the right to report to law enforcement
agencies any activities that we reasonably believe to be unlawful.
Children
We have no intention of collecting personal information from individuals under the age of
18. If you are a child under the age of 18, please do not place an order or provide any
information to us.
Linked Sites
This site may contain links to other web sites ("Linked Sites"). New
Balance Toronto does not operate or control any information, products or services on
the Linked Sites, and neither endorse or approve any products or information offered at
Linked Sites. Linked Sites are used at your own risk.
Pricing
The prices advertised on this Site are for internet orders. Prices on some items may
differ from those charged at New Balance stores. Prices and availability of items are
subject to change without notice.
In the event that a product is listed at an incorrect price due to
typographical error or error in pricing information received from others, New Balance
Toronto shall have the right to refuse or cancel any orders placed for product
listed at the incorrect price. New Balance Toronto is not responsible for
typographical or photographic errors.
Termination
This Agreement is effective unless and until terminated by New Balance
Toronto.
New Balance Toronto may terminate this Agreement at any time without notice to you,
and accordingly deny you access to the Site in our sole discretion if you fail to comply
with the Agreement. Upon any termination of this Agreement by New Balance Toronto,
you must promptly destroy all materials downloaded or otherwise obtained from this Site,
as well as all copies of such materials. In addition, by providing material on our Site,
New Balance Toronto does not in any way promise that the materials will remain
available to you. New Balance Toronto may terminate all or part of its Site at any
time without notice to you.
Modification
New Balance Toronto may modify these terms by updating this posting. You agree
that in the event any portion of these Site terms of use are found to be unenforceable,
the remainder of these Site terms and conditions shall remain in full force and effect.
By using this Site you agree to be bound by any such revisions and should therefore
periodically visit this page to determine the then current terms of use to which you are
bound.
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