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PLEASE READ
THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
By using the web site located at aravonshoes.com and the pages and
services contained therein (collectively, the "Service"),
you agree to these terms and conditions ("Terms and Conditions").
If you do not agree to these Terms and Conditions, you should not
use the Service. Aravon, a division of New Balance Athletic Shoe,
Inc., a Massachusetts corporation, hereinafter referred to simply
as "Aravon," 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
the Service will serve as your confirmation that you agree with
any and all changes as they occur. Please review our Privacy Policy,
which also governs your visit to www.newbalance.com, to understand
our privacy practices.
TRADEMARKS AND COPYRIGHTS
Aravon, the Aravon logo, Procare, Aravon Comfort Performance, Abzorb,
Ionact, and T-Frame are registered trademarks of New Balance Athletic
Shoe, Inc. All other trademarks on the Service 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 Service are copyrighted by Aravon beginning in 2003. All rights
reserved.
RESTRICTIONS ON USE
All content and material on the Service, such as text, graphics,
logos, photographs, icons, images, audio clips and software, are
the property of Aravon 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
Aravon and protected by U.S. and international copyright laws. Content
and material from the Service and any other web site owned, operated,
licensed, or controlled by Aravon 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 Aravon. Modification
or use of the content or material for any other purpose would violate
Aravon's and/or its licensors' intellectual property rights. The
content and material in the Service is provided for lawful purposes
only. In the event you download software from the Service, the software,
including any files, images incorporated in or generated by the
software, and data accompanying the software (collectively, the
"Software") are licensed non-exclusively to you by Aravon
and/or its licensors. Aravon 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.
POLICY CONCERNING CLAIMS OF INFRINGEMENT
It is the policy of Aravon to respond expeditiously upon receiving
notice of claimed intellectual property infringement on the Service.
Aravon 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:
Aravon
International Operations
20 Guest Street
Boston, MA 02135-2088
E-mail:
international.operations@newbalance.com
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 Aravon 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.
Aravon 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 Aravon believes is violating any such rights of others.
SUBMISSIONS
You agree that you will not upload or transmit any remarks, suggestions,
ideas, graphics, information, data, text, files, links, software,
or other materials ("Content") that infringe any patent,
trademark, trade secret, copyright or other proprietary rights of
any party. By submitting Content to Aravon through the Service,
you automatically warrant that you have the right to grant, and
do hereby grant, to Aravon the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform
and display such Content (in whole or part) worldwide and/or to
incorporate 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. Under no circumstances will Aravon
be required to treat any Content as confidential (subject to the
Service's Privacy Policy). Aravon will be entitled to use the Content
for any purpose whatsoever (consistent with the Service's Privacy
Policy) without compensation to you or any other person submit the
Content. Aravon will not be liable to you or any other person for
any ideas for Aravon's business (including, without limitation,
product ideas) derived from the Content and will not incur any liability
as a result of any similarities to the Content that may appear in
the future in the Service or in Aravon's operations.
You acknowledge that you are responsible for whatever Content
you submit, and you, not Aravon, shall have full responsibility
for the Content, including its legality, reliability, appropriateness,
originality, and non-interference with third-party rights. You agree
to indemnify and hold harmless Aravon, its subsidiaries, divisions,
affiliates, agents and representatives against, any claim arising
from any Content that you submit.
Aravon shall have the right, but not the responsibility, to remove
Content which is deemed, in Aravon's sole discretion, harmful, offensive,
or otherwise in violation of these Terms and Conditions.
LINKS
The Service may link to other web sites which are not maintained
by Aravon and which are owned and operated by third parties. You
acknowledge that Aravon is not responsible for the operation of,
or content located on or through, any third-party web sites. The
inclusion of a link to such web site does not imply endorsement
by Aravon and/or the Service. Viewing of any web site linked to
the Service is at your own risk.
DISCLAIMER
ARAVON DOES NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL
ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
THE MATERIAL ON THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. ARAVON MAY MAKE CHANGES OR IMPROVEMENTS AT
ANY TIME. THE SERVICE IS PROVIDED "AS IS" 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, ARAVON DISCLAIMS
ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ARAVON DOES 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.
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.
ARAVON DOES 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 ARAVON) 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
Aravon 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. Aravon
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 Aravon
or if an authorized representative of Aravon has been advised of
the possibility of such damages, or both. The above limitation or
exclusion may not apply to you to the extent that applicable law
may not permit the limitation or exclusion of liability for incidental
or consequential damages. Aravon 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.
TERMINATION
Aravon 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.
Aravon may prevent your access to the Service immediately without
notice if, in its sole judgment, you breach any provision of these
Terms and Conditions.
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