Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE.
All users of this website agree that access to and use of this website are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and conditions, please do not use this website.
NIKE reserves the right to modify these Terms of Use at any time. You agree to review the these Terms of Use periodically to be
aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any
modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated
after “Last Modified” at the end of these Terms of Use. If you do not agree to abide by any modified version
of these Terms of Use, you are not authorized to use this website.
Copyright
The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective
work under the United States and other copyright laws, and is the property of NIKE. The collective work includes works that are
licensed to NIKE. Copyright 2006, NIKE. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, download or print portions of the material from the different areas of the website
solely for your own non-commercial use, or to place an order with NIKE or to purchase NIKE products. Any other use, including but
not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited,
unless authorized by NIKE in writing. You further agree not to change or delete any proprietary notice from materials downloaded
or printed from the website.
Trademarks / Intellectual Property
All trademarks, service marks and trade names of NIKE used in the website (including but not limited to the NIKE name, the Swoosh
Design and the Basketball Player Silhouette (“Jumpman”) Design) are trademarks or registered trademarks of NIKE, Inc.
They may not be used without NIKE's prior written permission. Any other intellectual property in the website, including but not
limited to patents, issued or pending, are the sole property of NIKE and/or its licensors.
Product Orders
All orders placed through the website are subject to NIKE's acceptance, which is in its sole discretion. Without limitation, this
means that NIKE may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason,
in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order
that is subsequently cancelled, NIKE shall issue a credit to your credit card account.
User Generated Content
NIKE does not, and you agree that NIKE has no obligation to, review the communications, materials, information, opinions, and other
content posted and/or submitted by users accessing the website (including, without limitation, in or on bulletin boards, chat rooms,
community pages or other forums on this website) (collectively, “User Generated Content”), that NIKE is not in
any manner responsible for User Generated Content, that NIKE does not guarantee the accuracy, integrity or quality of User Generated
Content, and that NIKE cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise
objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access
and view User Generated Content on the website, NIKE is merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any User Generated Content or activities of users on the website.
Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed
or included in any User Generated Content are not necessarily those of NIKE or its affiliated or related entities or content
providers.
Notwithstanding the foregoing, you acknowledge and agree that NIKE has the absolute right to monitor User Generated Content
posted to the Website in its sole discretion. In addition, NIKE reserves the right to alter, edit, refuse to post or remove
any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content
and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to
use or respond to any User Generated Content.
You agree that you shall immediately notify NIKE in writing of any objectionable content appearing on the Website.
NIKE will make good faith efforts to investigate allegations that any User Generated Content violates these Terms of Use but (a)
makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated
Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing,
or continuing to permit the display of any User Generated Content whatsoever.
Any use of any content on this website, including, without limitation, User Generated Content will be at your own risk.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT NIKE IS NOT RESPONSIBLE FOR ANY USER GENERATED
CONTENT THAT PURPORTS TO GIVE MEDICAL ADVICE OR ADVICE REGARDING FITNESS TRAINING, EXERCISE, OR DIET. ALWAYS SEEK THE
ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR A
PHYSICAL FITNESS PROGRAM.
You may not post or otherwise distribute content to the website which NIKE in its sole discretion determines to be abusive,
harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a
copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of
any other right of NIKE or another party, illegal, or otherwise objectionable to NIKE. You may not upload commercial content on
the website or use the website to solicit others to join or become members of any other commercial online service or other
organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or
otherwise distribute User Generated Content to this website.
Use of Information Submitted
You agree that NIKE is free to use any comments, information, designs, ideas, or other content contained in any User Generated
Content posted by you to this website, or created by you while accessing the website (including, without limitation, any designs
or other materials created or submitted by you on the Futuresole website), or contained in any communication you may send to NIKE
or submit to the website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not
limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or
other products or services.
Copyright Agent
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe
that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has
been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent
with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized
to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been
infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address,
telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury,
that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright
owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with
requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon NIKE actual knowledge
of facts or circumstances from which infringing material or acts are evident. NIKE's copyright agent for notice of claims
of copyright infringement can be reached as follows:
Name: Legal Department (Copyright)
Address: One Bowerman Dr., Beaverton, OR 97005
Telephone: 503-671-6453
Fax: 503-646-6926
We suggest that you consult your legal advisor before filing a notice with NIKE’s copyright agent. You should note
that there can be penalties for false claims under the DMCA.
NIKE may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers
or otherwise prohibit such users from accessing the website.
Third-Party Links
In an attempt to provide increased value to our visitors, NIKE may link to websites operated by third parties. However, even if
the third party is affiliated with NIKE, NIKE has no control over these linked websites, all of which have separate terms and
conditions and privacy and data collection practices, independent of NIKE. These linked websites are only for your convenience
and therefore you access them at your own risk. NIKE seeks to protect the integrity of the website and the links placed upon it
and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy
of any third-party website that you have linked to from the Website before you use such third-party website.
Indemnification
You agree to indemnify, defend, and hold harmless NIKE, its officers, directors, employees, agents, licensors and suppliers from
and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising
from or relating in any way to your use of this website.
Privacy
NIKE is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable
information and other information by you in connection with the website is described in our Privacy Policy.
Warranty Disclaimer
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NIKE DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. NIKE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NIKE DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE
MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NIKE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION
WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES.
YOUR SOLE REMEDY AGAINST NIKE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.
THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
Limitation of Liability
NIKE SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR
THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF NIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, NIKE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH
ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, NIKE’S LIABILITY SHALL IN NO EVENT
EXCEED US$100.00.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Miscellaneous
Your use of this website shall be governed in all respects by the laws of the state of Oregon, U.S.A., without regard to choice
of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Specifically, this
Agreement shall be subject to Oregon Revised Statutes Chapter 72, "Sales". Except where prohibited, you agree that
any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including
but not limited to the purchase of NIKE products) shall be resolved individually, without resort to any form of class action,
and exclusively in the state or federal courts located in Multnomah County, Oregon. Any cause of action or claim you may have
with respect to the website (including but not limited to the purchase of NIKE products) must be commenced within one (1) year
after the claim or cause of action arises. By using the website, you agree to receive electronic communications from NIKE. You
agree that any notice, agreement, disclosure or other communication that NIKE sends you electronically will satisfy any legal
communication requirements, including that such communications be in writing. NIKE's failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
NIKE may assign its rights and duties under this Agreement to any party at any time without notice to you.
Term; Termination
These terms and conditions are applicable to you upon your accessing the website. NIKE reserves the right in its sole discretion
to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any
third party. In addition, these terms and conditions, or any part of them, may be terminated by NIKE without notice at any time,
for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Last Modified: October 2006.