Create Your Account
Sign up with your Facebook account
Why Sign Up?
- - Get updates about new product arrivals, sales and clearance items
- - Receive notifications when your purchase is shipped
- - Easily track orders and view your order history
- - Create and share a Wish List
- - Manage your shipping and billing addresses
- - Save payment methods for future orders
Last Updated: October 4, 2012
What information does New Balance collect about me?
Like most websites, every time you visit our Service, we automatically collect information from you that is not personally identifiable. Examples of this type of information include:
- The type of Internet browser you are using
- The type of computer operating system you are using
- The domain name of your Internet service provider
- The Web page from which you came
- The pages you visit on our website
In general, you can visit many of our Web pages without providing us with any personally identifiable information, such as name, email address, postal address, phone number, gender, and, when necessary, credit card information or other information necessary to process your order or send you special announcements (such personally identifiable information collectively, "Personal Information"). When you visit the Service, we may track your visit and, as described below in the section concerning "cookies", collect certain data regarding your use of the Service and your activity on the Service, but we will not collect any Personal Information from you unless you choose to provide it to us.
When you make a purchase from New Balance or request to sign up for email we collect Personal Information that you have volunteered. Your submission of this Personal Information is entirely voluntary; however, if you elect not to provide this Personal Information, some of the services and/or features available on and/or through the Service may not be available for your use.
We also collect Personal Information when you elect to submit such information to us when you register for "My Account", participate in a contest, event or sweepstakes promotion, fill out a survey, or contact us (for example via email). We may also obtain data through your Internet browser, such as your IP Address, which is a number that is automatically assigned to your computer when you use the Internet.
How do you use my Personal Information?
The Personal Information we receive allows us to personalize our product offering and improve your online shopping experience, making it more convenient, efficient and enjoyable. We may use the Personal Information that you submit to us through the Service to:
- Customize your communications and shopping experience
- Process your purchase, confirm your orders and communicate to you about account information or customer service needs
- Adapt the content and layout of our pages tailored to your needs and so you do not have to enter information more than once
- Notify you about new products and services, special offerings and other promotions
- Coordinate contests, promotions, surveys or other website features
- Improve our business, customer service and better respond to your needs
- Internal administration
- For any express purpose for which you provided your Personal Information
If you cease using the Service, we may retain your Personal Information to comply with regulatory requirements and may periodically contact you to offer you the opportunity to reactivate your account or to participate in other valuable offers (should you choose to receive such information).
How do you share my Personal Information?
We may use information collected from our website in the aggregate and which is not personally identifiable, including information collected from you for purposes such as reporting and marketing.
We may disclose Personal Information upon governmental request, in response to a court order, when required by law, to enforce our website policies, or to protect our or others' rights, property, or safety. We may also share Personal Information with companies assisting in fraud protection or investigation. We do not provide Personal Information to these agencies or companies for marketing or commercial purposes.
How do I know my information is secure?
We have a variety of security measures to protect against the loss, misuse or alteration of your Personal Information that we have collected from you from the Service. To ensure the information you provide online is secure during transmission, we use leading edge encryption technology and Secure Socket Layers (SSL) while processing any Personal Information you supply.
These controls are certified by VeriSign®, a leading Internet security company. You can review our security certificate using your browser by clicking on the closed lock or solid key image at the bottom of your browser on any of the secure pages on our site. This will display our Service security information.
For security purposes, your full credit card number is not permanently stored within our system. On occasion, we may temporarily store the entire encrypted credit card number when it is necessary to manually contact a credit card company for verification.
We may store or transfer your Personal Information to servers located outside of New Zealand.
What are cookies, Web beacons and pixel tags? How does New Balance use them?
A cookie is a small removable data file stored by your Web browser on your computer. Cookies allow you to browse and place an order on our site and let us make shopping more convenient for you. We place a unique identifier in the cookie and use the cookie to connect your computer with the information we store for you in our database.
- Enable you to select products, place them in your shopping cart and make a purchase
- Recognize you when you come back to our site(s)
- Alert you to new areas that may be of interest to you
- Customize Web page content that may be helpful to you
Cookies do not contain any Personal Information and they do not give us access to your computer.
You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. You do this through your Internet browser (such as Internet Explorer or Firefox) settings. Most browsers are initially set to accept cookies. Each browser is a little different, so check your browser Help menu to learn the correct way to modify your cookie settings. However, if you choose to turn cookies off, you won't be able to purchase on our site or have access to many features that make your site experience more efficient and convenient. However, you can still place orders over the telephone by calling our Customer Care Center toll-free at 0800-451-063.
Pixel tags and Web beacons are tiny graphic images that allow us or third party service providers to track non-personally identifiable analytic information about your visit to our Service (such as pages viewed or links clicked). Pixel tags and Web beacons also let us know when you have opened an HTML email from us. Using this information we are able to understand how Visitors and Members use our service. This allows us to learn what pages are most attractive to our Visitors, which parts of the Service are the most interesting and what kind of offers our Members like to see.
We do not knowingly ask for Personal Information from anyone under the age of 13 (a "Child"). If a Child submits Personal Information to us and we know that the person providing the information is a Child, we will not use it for any purpose. We will use commercially reasonable efforts to delete the information as soon as we discover it and we will not disclose it to third parties. If you become aware that a Child has provided Personal Information to our site, please contact us or call our Customer Care Center toll-free at 0800-451-063.
While New Balance's policy prohibits children under 13 from registering with the Service, parents should supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address and other Personal Information without parental permission.
How do links from New Balance to other sites affect me?
At times, we may provide links from our Service to other websites operated by third parties. These links are provided only for your convenience and intended to add value to your visit. However, by including these links, even if affiliated with New Balance, we do not have control over these sites, which are independent from New Balance and have separate privacy policies and terms and conditions. When leaving our Service, you need to be aware that our policies no longer apply. Therefore, we will not be responsible for the accuracy, relevancy, availability, reliability, copyright compliance, legality or decency of material contained in third party sites linked to our Service. We strongly encourage you to review the terms and privacy policies of any third-party sites before using their sites.
How can I opt-out/unsubscribe from New Balance Email transmissions to third party service providers?
If for any reason you would like to be taken off the email list that notifies you of upcoming events, offers and sales sent by New Balance or to opt-out of having your Personal Information transmitted to our third party service providers, simply click the unsubscribe link provided at the bottom of every email and every page of our Service. This will direct you to an unsubscribe page where you can remove your name from the email list.
Please note that if you decide to opt-out of all third party transmissions of your Personal Information, we may not be able to process your order.
How can I access, update or delete "My Account" information/Personal Information?
Accounts may be created during the ordering process. You can login to or manage your account by clicking the "My Account" link at the top of any page. After logging in, you will be able to modify your contact information, update your billing and shipping addresses, view past orders, or delete your account completely. You can also contact us to request us to correct any of your Personal Information. For security purposes, credit card information is not saved with your account.
If you provide incomplete or incorrect Personal Information, or such information changes, you must immediately correct the Personal Information. We will not be responsible for any incorrect or incomplete Personal Information or any consequences arising directly or indirectly from incorrect or incomplete Personal Information.
Remember that you are responsible for protecting the user name and password for your account and, as set forth in the Terms and Conditions, you will be responsible for all activity occurring through the use of your user name and password.
If you have any questions or concerns including a request to be added to or taken off a list, please contact us at Customer Care Center toll-free at 0800-451-063 or email email@example.com.
TERMS AND CONDITIONS
Last Updated: September 2013
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
1. PRODUCT PURCHASE
From time to time, New Balance may offer products for sale as part of the Service. New Balance reserves the right to change the descriptions, specifications, and prices of the products offered on this website without notice to you and at any time. Any such changes will only apply from the date the changes are made, going forward and will not be retrospective or apply to any existing transactions between you and us at the date the changes are made. To the best of our knowledge, any descriptions, specifications and prices of such products are accurate, complete and current. However, some products may not be available for delivery to New Zealand. Our delivery to you of an email confirmation following your placement of an order does not constitute our acceptance of such order, and we reserve the right to reject such order or limit the quantity of products under such order by further notice to you prior to delivery of the products.
2. TRADEMARKS AND COPYRIGHTS
New Balance, the New Balance logo, the flying NB logo, N (design), newbalance.com, the newbalance.com logo, and other New Balance trademarks and logos are registered and unregistered trademarks and service marks of New Balance or its licensors (the "New Balance Trademarks"), and the trade dress of New Balance's products is owned by New Balance. All other trademarks on the Service are the property of the respective trademark owners (the "Third-Party Trademarks", and collectively with the New Balance Trademarks, the "Trademarks"). Unauthorized use of the Trademarks is prohibited by law. Nothing on this Service or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Service without the prior written consent of New Balance specific for each such use. The Trademarks may not be used to disparage New Balance or the applicable third party, New Balance's or third party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without New Balance's prior written consent. All goodwill generated from the use of any New Balance Trademark shall inure to New Balance's website. All designs, Web pages and source code comprising the Service are copyrighted or licensed by New Balance. All other rights in the Trademarks are absolutely reserved.
The following list is merely a representative sample of the Third Party Trademarks that may be in use at any given time on our Service. The use and specifics of these Third Party Marks can and will change without notice, and thus these Third Party Trademarks may not be currently in use on our Service: 3M® is a registered trademark of the 3M Company; Dri-Lex® is a registered trademark of Faytex Corporation; ETC® is a registered trademark of Sheehan Sales Associates; GORE-TEX® and XCR® are registered trademarks of W.L. Gore & Associates, Inc.; Lycra® and Tactel® are registered trademarks of Invista; Ortholite® is a registered trademark of O2 Partners LLC; Pebax® is a registered trademark of ARKEMA; Plastazote® is a registered trademark of Zotefoams, PLC; Poliyou® is a registered trademark of Kun Chang Enterprise Co., Ltd and Jones & Vining; Polartec® is a registered trademark of Malden Mills Industries Inc.; Scotchgard™ is a trademark of 3M Company; Vibram® is a registered trademark of Vibram S.P.A.; and X-Sole™ is a trademark of Hickory Brands, Inc.
3. RESTRICTIONS ON USE
All content and material on the Service, such as text, graphics, video, audiovisual works, logos, photographs, icons, images, audio clips and software, are the property of New Balance 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 New Balance and protected by U.S. and international copyright laws. Notwithstanding the foregoing, New Balance is not responsible for Content (as defined below) posted, submitted or transmitted by Users of the Service. Content and material from the Service and any other website owned, operated, licensed, or controlled by New Balance 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 New Balance. Modification or use of the content or material for any other purpose would violate New Balance's and/or its licensors' intellectual property rights. The content and material on the Service is provided for lawful purposes only. In the event you download software from the Service, 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 New Balance and/or its licensors. New Balance 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 Service 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 Service or New Balance products, including without limitation patents, issued or pending, are the sole property of New Balance and/or its licensors.
Your access to and use of certain components of the Service as a Member is subject to verification of your authority to so access and use such components of the Service. You shall hold and secure any username and password that provides you access to the Service or any particular component thereof 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 Service accessed or used via your account. You shall immediately notify New Balance of any unauthorized use of your username and password by sending an email to firstname.lastname@example.org.
Use of and Membership in the Service is void where prohibited. By using the Service 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; and (d) your use of the Service 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. New Balance reserves the right, but has no obligation, to monitor disputes between you and other Members.
4. POLICY CONCERNING CLAIMS OF INFRINGEMENT
It is the policy of New Balance to respond expeditiously upon receiving notice of claimed intellectual property infringement on the Service. New Balance will promptly process and investigate notices of alleged infringement and will take appropriate actions under the United States Digital Millennium Copyright Act, where applicable, and other applicable intellectual property laws with respect to any alleged, actual or threatened infringement. All notices as to matters of copyright infringement should be sent to our designated agent at the following address:
New Balance Athletic Shoe, Inc.
20 Guest Street
Boston, MA 02135-2088
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 New Balance 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.
New Balance 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 New Balance believes is violating any such rights of others.
5. 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 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, (v) contain nudity, violence, or offensive subject matter or contain a link to an adult website, (vi) solicit personal information from anyone under 18, (vii) provide any telephone numbers, street addresses, last names, URLs or email addresses, (viii) promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (ix) promote any illegal or unauthorized copy of another person's copyrighted work, (x) involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming", (xi) contain restricted or password only access pages or hidden pages or images, (xii) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, (xiii) solicit passwords or personally identifiable information for commercial or unlawful purposes from other Users, (xiv) involve commercial activities and/or sales without New Balance's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, (xv) imply that New Balance endorses any of your statements or positions, (xvi) impose an unreasonable burden on the Service's server, or (xvii) include a photograph of another person that you have posted without that person's consent.
You acknowledge that you are responsible for whatever Content you submit, and you, not New Balance, shall have full responsibility for the Content, including its legality, reliability, appropriateness, originality, and non-interference with third-party rights.
New Balance 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, New Balance shall also have the right, but not the responsibility, to refuse, remove or edit any Content (in whole or in part).
The Service may link to other websites which are not maintained by New Balance and which are owned and operated by third parties. You acknowledge that New Balance is not responsible for the operation of, or content located on or through, any third-party websites. The inclusion of a link to such website does not imply endorsement by New Balance and/or the Service. Viewing of any website linked to the Service is at your own risk. You may not link to any of the websites in the Service other than www.newbalance.co.nz from another site without New Balance's written consent. You may not display any of the websites in the Service, or any of the material on such websites, in frames on or within any other website without New Balance's written consent.
You hereby agree to indemnify, defend and hold harmless New Balance 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, legal costs on a solicitor-client basis) incurred by the Indemnitees in connection any claim arising out of any Content that you submit or breach or alleged breach of any of your obligations set forth in paragraphs 2 (Trademarks and Copyrights) and 3 (Restrictions on Use) herein. New Balance 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 New Balance. You shall cooperate as fully as reasonably required in the defense of any claim.
EXCEPT TO THE EXTENT REQUIRED BY LAW, NEW BALANCE, ITS SUBSIDIARIES, DIVISIONS AND AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "NEW BALANCE PARTIES") DO NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE SERVICE IS ERROR-FREE. THE CONTENT OR MATERIAL ON THE SERVICE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. EXCEPT TO THE EXTENT REQUIRED BY LAW, THE NEW BALANCE PARTIES DO 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. EXCEPT TO THE EXTENT REQUIRED BY LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE SHALL CREATE OR DEEMED TO CREATE ANY CONDITION, WARRANTY, GUARANTEE OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
EXCEPT TO THE EXTENT REQUIRED BY LAW, THE NEW BALANCE PARTIES DO 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, EXCEPT TO THE EXTENT REQUIRED BY LAW, 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 THE NEW BALANCE PARTIES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
WHERE YOU USE THE SERVICE FOR THE PURPOSES OF A BUSINESS:
- THE CONSUMER GUARANTEES ACT 1993 WILL NOT APPLY;
- SECTION 9 (MISLEADING AND DECEPTIVE CONDUCT) AND SECTION 13 (FALSE OR MISLEADING REPRESENTATIONS), WILL NOT APPLY AND YOU AGREE THAT IT IS FAIR AND REASONABLE THAT THESE PROVISIONS WILL NOT APPLY;
- YOU UNDERSTAND AND AGREE THAT THE ABOVE PROVISIONS ARE FAIR AND REASONABLE.
YOU UNDERSTAND AND AGREE THAT, EXCEPT TO THE EXTENT REQUIRED BY LAW, THE DISCLAIMERS SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY ARISE IN THE FUTURE.
9. LIMITATION OF LIABILITY
THE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS IN THIS CLAUSE ARE MADE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND APPLY TO LIABILITY OF ANY NATURE WHATSOEVER, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
SUBJECT TO THE PROVISIONS OF CLAUSE 7 (ABOVE) IN RELATION TO YOU), NEITHER PARTY WILL 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 THE OTHER PARTY OR IF AN AUTHORIZED REPRESENTATIVE OF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.
THE NEW BALANCE PARTIES 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 WEBSITE.
IF NOTWITHSTANDING THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS AND CONDITIONS ANY NEW BALANCE PARTY IS HELD LIABLE, THEN TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILTY OF THE NEW BALANCE PARTIES WILL BE LIMITED TO, AT NEW BALANCE'S OPTION, THE RESUPPLY OF THE SERVICE OR THE COST OF THE RESUPPLY OF THE SERVICE.
Either party may terminate any rights granted hereunder at any time by notice to the other party, but without prejudice to any existing transactions between you and us at the date of termination. 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. New Balance may prevent your access to the Service 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. Sections 1 (PRODUCT PURCHASE), 2 (TRADEMARKS AND COPYRIGHTS), 3 (RESTRICTIONS ON USE), 4 (POLICY CONCERNING CLAIMS OF INFRINGEMENT), 5 (SUBMISSIONS AND COMMUNICATIONS), 6 (LINKS), 7 (INDEMNIFICATION), 8 (DISCLAIMER), 9 (LIMITATION OF LIABILITY), 10 (EXCLUSIONS AND LIMITATIONS), 11 (TERMINATION) and 15 (MISCELLANEOUS) shall survive the termination of this Agreement.
11. IMPORTANT NOTICE FOR AMATEUR ATHLETES
You are responsible for ensuring that your use of or participation in the activities of this website does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. NEW BALANCE IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THE WEBSITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
12. NO RESALE
You may use the Service only for your own non-commercial use to participate in the website or to place an order or purchase products. Any other use is prohibited unless agreed to by New Balance in writing.
13. COMPLIANCE WITH APPLICABLE LAWS
We make no claims concerning whether Content may be downloaded, viewed, or be appropriate for use outside of New Zealand. If you access the Service or the Content from outside New Zealand, you do so at your own risk. Whether inside or outside of New Zealand, you are solely responsible for ensuring compliance with the laws of your specific jurisdictions. The United States controls the export of products and information. Your use of the Service may be subject to such export control laws. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
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 either party unless made 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 New Zealand. The courts of New Zealand will have non-exclusive jurisdiction and venue for any dispute arising out of or relating to the Service or this Agreement, and each party hereby waives any argument that any such court does not have jurisdiction over that party or such dispute or that the venue is not appropriate or convenient.