Terms & Conditions

Thank you for visiting NBwebexpress.com. These Terms and Conditions ("Terms and Conditions" or this "Agreement") apply to "www.NBwebexpress.com" and "www.joesnewbalanceoutlet.com" (collectively, "the sites") operated by NB Web Express, LLC. The Terms and Conditions govern your use and access to the sites including the pages, features, information, content, applications and services contained there. We may change or update these terms at any time. By using the sites, you agree to these Terms and Conditions, all policies within the sites, and all changes or modifications to the above mentioned. Please review these Terms and Conditions as often as you feel necessary, since your continued viewing of the sites will serve as your confirmation that you agree with and accept any and all changes. If you do not agree with these Terms and Conditions, or any modifications, please do not use the sites.

PRIVACY POLICY
At NB Web Express, we respect your privacy and security of your personal information. We encourage you to read our Privacy Policy so that you understand how we collect and use your information and may help you make informed choices about using our site.

PRODUCT PURCHASE
NB Web Express reserves the right to change the descriptions, specifications, and prices of the products offered on the without notice and at any time. NB Web Express does not guarantee that product descriptions, specifications and prices of products are accurate, complete or current at all times. Such products may not be available for delivery to your country of residence. Our delivery to you of an e-mail confirmation following your placement of an order does not represent our acceptance of the order, and we reserve the right to reject any order or limit the quantity of products under the order.

TRADEMARKS AND COPYRIGHTS
New Balance, the New Balance logo, the flying NB logo, N (design), and other New Balance trademarks and logos are each trademarks or registered trademarks of New Balance Athletic Shoe, Inc., and the trade dress of New Balance's products is owned by New Balance Athletic Shoe, Inc. NB Web Express, the NB Web Express logo, and other NB Web Express trademarks and logos are each trademarks or registered trademarks of NB Web Express. All other trademarks on the sites 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 sites are copyrighted or licensed by NB Web Express. All rights reserved. Any other third party trademarks used in the sites are used with the permission of the trademark owners and all of their rights are reserved.

RESTRICTIONS ON USE
All content and material on the sites, such as text, graphics, video, audiovisual works, logos, photographs, icons, images, audio clips and software, are the property of NB Web Express or its licensors and are protected by United States and international copyright laws. The compilation of all content and material on the sites is the exclusive property of NB Web Express and protected by U.S. and international copyright laws. NB Web Express is not responsible for Content (as defined below) posted, submitted or transmitted by Users of the sites. Content and material from the sites and any other web site owned, operated, licensed, or controlled by NB Web Express 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 NB Web Express. Modification or use of the content or material for any other purpose would violate NB Web Express's and/or its licensors' intellectual property rights. The content and material in the sites is provided for lawful purposes only.

In the event you download software from the sites, 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 NB Web Express and/or its licensors. NB Web Express 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. The Software is further subject to United States export controls. No Software may be downloaded from the sites 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 or NB Web Express products, including without limitation patents, issued or pending, are the sole property of NB Web Express and/or its licensors.

YOUR MEMBERSHIP
You may become a Member of either or both of the sites by registering or placing an order on such site(s). Your access to and use of certain components of the sites as a Member. Member is subject to verification of your authority to so access and use such components of the sites. You shall hold and secure any username and password that provides you access to the sites or any particular component there of 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 sites accessed or used via your account. You shall immediately notify NB Web Express of any unauthorized use of your username and password by sending an email to service@nbwebexpress.com.

NB Web Express may add, delete, remove, modify, disable, suspend or restrict some or all of the pages the pages, features, information, content, applications or services on the sites at its sole discretion without notice to you, and you acknowledge that:

(i)	you may no longer be able to use the sites to the same extent, or at all, as prior to such events.
(ii)	NB Web Express shall have no liability to you or any third party in such case. NB Web Express 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.

Use of and Membership in the sites is void where prohibited. By using the sites 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 13 years of age or older.
(d)	your use of the sites does not violate any applicable law or regulation. Your Membership may be terminated without warning, if we believe that you are under 13 years of age.

You are solely responsible for your interactions with other Members. NB Web Express reserves the right, but has no obligation, to monitor disputes between you and other Members.

POLICY CONCERNING CLAIMS OF INFRINGEMENT
It is the policy of NB Web Express to respond promptly upon receiving notice of claimed intellectual property infringement on the sites. NB Web Express 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:
NB Web Express
Trademark Complaints
1537 Fencorp Drive
Fenton, MO 63026

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 NB Web Express 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.

NB Web Express reserves the right to:

(i)	remove any material which it believes may violate the copyright or other rights of any third party.
(ii)	limit access to or from the sites for any user whom NB Web Express believes is violating any such rights of others.

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.
(ii)	are patently 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.
(iv)	contain nudity, violence, or offensive subject matter or contain a link to an adult website.
(v)	solicit personal information from anyone under 13.
(vi)	provide any telephone numbers, street addresses, last names, URLs or email addresses.
(vii)	promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
(viii)	promote any illegal or unauthorized copy of another person's copyrighted work.
(ix)	involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming".
(x)	contain restricted or password only access pages or hidden pages or images.
(xi)	further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
(xii)	solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users.
(xiii)	involve commercial activities and/or sales without NB Web Express's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
(xiv)	include a photograph of another person that you have posted without that person's consent.

By submitting Content to NB Web Express through the sites, you automatically represent and warrant that you have the right to grant, and do hereby grant, to NB Web Express 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.
 
(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 NB Web Express be required to treat any Content as confidential (subject to the Site's Privacy Policy). NB Web Express will be entitled to use the Content for any purpose whatsoever (consistent with the Site's Privacy Policy) without compensation to you or any other person. For the avoidance of doubt, NB Web Express will not be liable to you or any other person for any ideas for NB Web Express'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 NB Web Express.

You acknowledge that you are responsible for whatever Content you submit, and you, not NB Web Express, shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights.

NB Web Express 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, NB Web Express shall also have the right, but not the responsibility, to refuse, remove or edit any Content (in whole or in part).

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

You may not link to any of the web sites in the sites other than www.NBwebexpress.com or www.joesnewbalanceoutlet.com from another site without NB Web Express' written consent. You may not display any of the web sites in the sites, or any of the material on such web site, in frames on or within any other web site without NB Web Express's written consent.

INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless NB Web Express 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 sites, 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. NB Web Express 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 NB Web Express. You shall cooperate as fully as reasonably required in the defense of any claim.

SITE DISCLAIMER
NB WEB EXPRESS DOES NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE SITES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NB WEB EXPRESS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. THE SITES ARE 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, NB WEB EXPRESS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NB WEB EXPRESS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SITES, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

NB WEB EXPRESS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY DOWNLOADING OR OBTAINING OFCONTENT THROUGH THE USE OF THE SITES 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 NB WEB EXPRESS) 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
NB WEB EXPRESS WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE SITES OR ANY CONTENT ON THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS. NB WEB EXPRESS 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 SITES, EVEN IF THERE IS NEGLIGENCE BY NB WEB EXPRESS OR IF AN AUTHORIZED REPRESENTATIVE OF NB WEB EXPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. NB WEB EXPRESS 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
NB Web Express 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 sites, and (b) all related documentation and all copies, printouts, and installations. NB Web Express may prevent your access to the sites 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.

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 sites 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.