nike.com

Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site 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 site.

NIKE may at any time reserve these terms and conditions by updating this posting. By using this site, you agree to be bound by any such changes.

Copyright
The entire content included in this site, 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. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with NIKE or purchasing NIKE products. 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 site 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 site is strictly prohibited, unless authorized by NIKE. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the site.

Trademarks / Intellectual Property
All trademarks, service marks and trade names of NIKE used in the site (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 site, 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 site 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.

Warranty Disclaimer
This site and the materials and products on this site 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 site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site 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 site 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.

Use of Information Submitted
You agree that NIKE is free to use any comments, information or ideas contained in any communication you may send to NIKE or submit to the site 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 site or other products or services.

Participation Disclaimer/Use Restrictions
NIKE does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, 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 on the site. You may not post or otherwise distribute content to the site 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 site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Third-Party Links
In an attempt to provide increased value to our visitors, NIKE may link to sites operated by third parties. However, even if the third party is affiliated with NIKE, NIKE has no control over these linked sites, all of which have separate terms and conditions and privacy and data collection practices, independent of NIKE. These linked sites are only for your convenience and therefore you access them at your own risk. NIKE seeks to protect the integrity of the site and the links placed upon it and therefore requests any feedback about the site and for sites it links to as well.

Indemnification
You agree to indemnify, defend, and hold harmless NIKE, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Limitation of Liability
NIKE shall not be liable for any special, incidental, indirect or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products purchased through the site, even if NIKE has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Miscellaneous
Your use of this site 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 site (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 site (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 site, 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 site. NIKE reserves the right in its sole discretion to terminate or restrict your use of the site, 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.