NEW BALANCE TERMS AND CONDITIONS FOR ONLINE SALES (the “Terms”)

LAST UPDATED: OCTOBER 31, 2025

PLEASE READ THE FOLLOWING TERMS CAREFULLY

Part 1 – Details

1. ABOUT US

1.1 Company details: New Balance Middle East Sports Wear Trading LLC, a company registered in the United Arab Emirates under company number 836593 with its registered office at 29th Floor, Media 1 Tower, Al Falak St, Dubai Media City, Dubai, United Arab Emirates (“New Balance”, “we,” “us” or “our”).

1.2 Contacting us: You may contact us by telephone at +971 8000321362, by email at uaecustomercare@newbalance.com online at https://newbalanceuae.zendesk.com/hc/en-us/requests/new or by writing to us at New Balance Middle East Sports Wear Trading LLC.

1.3 Our contact with you: If we need to contact you for any reason, we will do so using the contact details you provide to us when you place your Order.

1.4 About these Terms: These Terms apply to your use of the Site and your purchase of Products via the Site. These Terms are divided into different parts which will apply to you depending on how you interact with us. Part 1 (Details) and Part 3 (General Terms) will apply to everyone, Part 2 (Supply of Products via this Site) applies if you make a purchase online, and Part 4 (Terms and Conditions of Website Use) applies by accessing the Site. The Site is directed at individual consumers residing in the United Arab Emirates. We draw your attention in particular to clause 14, which explains how we limit our liability to you.

1.5 We may make changes to these Terms: New Balance sometimes needs to update or modify these Terms. These changes might be to reflect changes in the law or other regulatory requirements, or to make improvements, for example to address a security threat. The changes will take effect upon their posting on the Site. Please review these Terms as often as you feel necessary, since your purchase of Products via the Site will serve as your confirmation that you agree with and accept the Terms as available on the Site at the time of your purchase.

1.6 Your record of these Terms: We advise you to print out or download and store these Terms and any Dispatch Confirmation for your own records.

2. INTERPRETATION

2.1 Language: These Terms are made available in English and Arabic.

2.2 Definitions: The following definitions apply to these Terms:

“Contract” has the meaning given in clause 3.1;

“Dispatch Confirmation” has the meaning given in clause 5.4;

“Event Outside Our Control” has the meaning given in clause 16.1;

“Order” means an order for Products purchased by you using the Site;

“Products” means New Balance products purchased from us using the Site;

“Site” means the New Balance website found at www.newbalance.co.ae and

“Terms” means these terms and conditions for the purchase of Products via the Site.

Part 2 - Supply of Products via this Site

3. APPLICABLE TERMS AND ACCEPTANCE

3.1 Any contract between you and us for the sale of Products to you in exchange for payment via the Site (“Contract”) will be governed by these Terms. Please read these Terms carefully and make sure that you understand them, before purchasing any Products from us. If you don’t understand anything in these Terms, you can contact us for help by using the contact information in Part 1 of these Terms. If you refuse to accept these Terms, you will not be able to purchase any Products from us through the Site.

4. WHO CAN PLACE AN ORDER

4.1 You can only place an Order if you are a consumer (not a business) and you are 18 years of age or older. You will also need to be able to make payment via one of our accepted payment methods (please see clause 10.1 for further information).

5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

5.1 The Site will guide you through the steps you need to take to input your payment information to pay for and thereby place an Order for any Products with us. Please take the time to read and check that your payment and contact information is correct prior to placing an Order – it is your responsibility to make sure that your Order is correct and accurately reflects your selection. If an Order is not correct in any way, please contact us and let us know quickly by using the contact information in Part 1 of these Terms.

5.2 Prior to placing an Order via the Site, you will be required to accept these Terms by clicking Accept. Following your acceptance of the Terms and placement of an Order, we will send out an acknowledgement email detailing the Order including the final price you will pay for the Products plus any tax, duty and/or shipping costs. Please note that this email is not an Order confirmation or acceptance of your Order by New Balance and we reserve the right to reject such Order or limit the quantity of Products under such Order. Our acceptance of your Order will take place as described in clause 5.4.

5.3 If we are unable to supply you with a Product, for example because that Product is not in stock, is no longer available or because we cannot meet your requested delivery date, we will inform you of this by phone or e-mail and we will not process the part of your Order relating to that Product. We will process your Order to the extent that we are able to provide any other Products purchased under the Order. If we are not able to provide any of the Products in a particular Order, we will cancel the Order for such Products and notify you of this cancellation by phone or e-mail. If you have already paid for the Products that we are not able to provide, we will refund you the full amount for those Products, including any delivery costs charged, within a reasonable timeframe.

5.4 We will confirm our acceptance of your Order to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will be formed when we send you the Dispatch Confirmation.

6. Our products

6.1 Products may vary slightly from their pictures: The images of the Products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images. Also, leather is a natural material featuring naturally occurring variations and imperfections and so the colour, texture and general appearance of your Product may vary slightly from images or samples shown to you.

6.2 Product packaging may vary: The packaging of the Product may vary from that shown in images on our Site.

7. USE OF PRODUCTS

7.1 We supply the Products under these Terms for domestic and private use. You agree not to use the Product for any commercial, business or resale purposes. Any other use is prohibited unless agreed to by New Balance in writing.

8. PRICE OF PRODUCTS AND DELIVERY CHARGES

8.1 Price of the Products:

(a) The prices of the Products will be as shown to you on the Site at the time you submit your Order.

(b) Prices for our Products may change from time to time, but changes will not affect any Order you have already placed via the Site.

8.2 VAT: The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the United Arab Emirates for the time being.

8.3 Delivery charges: The price of a Product does not include delivery charges. Our delivery charges are as shown to you on the Site during the check-out process, before you confirm your Order.

9. DELIVERY

9.1 Delivery by us: Following receipt of the Dispatch Confirmation you will be able to track the progress of your Order through our authorized carrier, either to your address or the collection point you have chosen via the Site. Please contact the carrier using the details set out in the Dispatch Confirmation if you require an estimated delivery date. Please note that the estimated delivery date is just that and we cannot guarantee delivery by the estimated delivery date. Occasionally our delivery to you or your chosen collection point may be affected by an Event Outside Our Control. See clause 16 for our responsibilities when this happens.

9.2 Completion of delivery: Delivery of an Order shall be completed either when we: (i) deliver the Products to the address you gave us at the time of placing the Order on the Site; or (ii) when you collect the Products from your chosen collection point, and the Products will be your responsibility from that time. To avoid doubt, New Balance is not responsible for any lost or stolen Products after they have been delivered to, or collected by, you.

9.3 Transfer of risk in the Products: You are responsible for the Products on delivery of the Products to you or upon your collection of the Products from your chosen collection point in accordance with clause 9.2.

9.4 Transfer of title in the Products: You own a Product on the later of our receipt of full payment for the Products or delivery of the Products to you or upon your collection of the Products from your chosen collection point in accordance with clause 9.2.

9.5 Delivery restrictions: We do not offer international delivery for items purchased through the Site.

10. HOW TO PAY

10.1 We accept most common credit and debit cards issued in the United Arab Emirates. To see if we accept your card, please check this page . We also accept payments through Tabby, a third-party “Buy Now, Pay Later” service provider. If you select Tabby as your payment method, your use of Tabby will be subject to Tabby’s separate terms and conditions, available at https://tabby.ai . Approval of your payment through Tabby is solely at Tabby’s discretion, and we are not responsible for their approval or decline of your transaction.

10.2 We will charge your debit or credit card when we dispatch your Order. If you pay through Tabby, your payment obligations and schedule will be managed directly between you and Tabby in accordance with their terms. Our obligation to deliver your Order remains conditional upon Tabby confirming your payment.

11. DEFECTIVE OR MISDESCRIBED PRODUCTS

11.1 For Products purchased through the Site, we will refund Products damaged in transit and/or containing a manufacturer's defect. To authorise the return of a defective Products, please contact us using the contact details provided in Part 1 of these Terms. If you are contacting us by email or writing to us, please include the relevant Order number and a description/amount of Products to be returned. Please note that defective Products sent back to our warehouse without approval will not be reimbursed.

11.2 Clause 11.1 does not apply to any defect in the Products arising from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party (other than in relation to defects in Products arising in transit);

(d) any alteration or repair by you or by a third party who is not one of our authorised repairers.

11.3 Clause 11.1 is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.

12. IF THERE IS A PROBLEM WITH THE PRODUCTS

12.1 We are under a legal duty to supply Products that are in conformity with these Terms. See clause 12.2 below for a summary of your key legal rights in relation to the Products. Nothing in these Terms will affect your legal rights.

12.2 This is a summary of your key legal rights under the UAE Consumer Protection Law (Federal Law No. 15 of 2020) and its Executive Regulations (Cabinet Resolution No. 66 of 2020). These rights apply in addition to any commercial guarantees we may provide, and cannot be excluded by contract.

As the Products are goods, UAE law requires that they must:

(a) match the description we provide to you;

(b) be of the quality, safety, and durability reasonably expected; and

(c) be suitable for the purpose for which such goods are ordinarily supplied or for any purpose you have made known to us.

Your legal rights include the following:

(a) Defective or non-conforming goods: if the goods are found to be defective, damaged, or not as described, you are entitled to have them repaired or replaced at no cost to you.

(b) Refund or replacement: if repair or replacement is not possible, you are entitled to a refund or replacement, provided you notify us within seven (7) days of receipt of the goods.

(c) Warranties: the warranty period for the goods is six (6) months from the date of purchase, during which you may request repair, replacement, or refund if the goods are defective.

12.3 For further information, you may contact the UAE Ministry of Economy’s Consumer Protection Department through the Consumer Protection Call Centre on 600 522 225 or via its website https://www.moe.gov.ae.

13. OUR RIGHTS TO END THE CONTRACT FOR YOUR ORDER

13.1 We may cancel the contract for your Order (or only part of it, if applicable) at any time by notifying you if:

(a) your payment does not go through at the point we try to charge you;

(b) you do not, within a reasonable time, allow us to deliver your Order to you;

(c) you are (or we reasonably suspect that you are) in breach of these Terms, in breach of any applicable law in relation to these Terms for your Order, or in breach of any other contract that may exist between you and us; and

(d) we are unable (or reasonably believe that we are unable) to supply the Products for reasons beyond our reasonable control or for legal or regulatory reasons.

13.2 If we cancel the contract in the situations set out in clause 13.1, we will refund any money you have paid in advance for Products we have not provided, but we may deduct or charge you reasonable compensation for net costs we will incur as a result of your breaking the contract (if applicable). Any refund due to you will be made using the same means of payment as you used for the initial transaction and will be made within 14 days after we cancel the contract.

Part 3 - General Terms

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

14.1 We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the Contract, but we are not responsible for any loss or damage that is:

(a) Not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen.;

(b) Caused by a delaying event outside of our control (as long as we have taken the steps set out in clause 16).

14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes liability for:

(a) death or personal injury caused by our negligence or the negligence of New Balance employees or agents;

(b) fraud or fraudulent misrepresentation; or

(c) breach of your legal rights in relation to the Products as summarised in clause 12.2 or including the right to receive Products which are:

(i) as described and match information we provided to you and any sample or model seen or examined by you;

(ii) of satisfactory quality;

(iii) fit for any particular purpose made known to us; and

(iv) for defective products under the UAE Consumer Protection Law.

14.3 We are not liable for business losses: As explained in clauses 4 and 7, you can only purchase the Products under these Terms if you are a consumer, and we can only supply the Products for domestic and private use. If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15. YOUR PERSONAL INFORMATION

We will use your personal information as set out in our Privacy and Cookie Policy here.

16. Events Outside Our Control

16.1 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, acts of government, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic or epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms (including our obligations under any Contract) that is caused by an Event Outside Our Control.

16.3 If our supply of a Product is delayed by an Event Outside Our Control, we will contact you as soon as reasonably possible to notify you and will do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay. However if the delay is likely to be substantial, you can contact us using the contact information in Part 1 of these Terms to end the Contract and receive a refund for any Products you have paid for, but not received.

17. Miscellaneous

17.1 We may transfer our rights and obligations to someone else: We may transfer our rights and obligations under these Terms (including under any Contract) to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.

17.2 You need our consent to transfer your rights and obligations to someone else: You may only transfer your rights or your obligations under these Terms (including under any Contract) to another person if we agree to this in writing, such agreement not to be unreasonably withheld or delayed.

17.3 Nobody else has any rights under the Contract: The Contract is between you and us. No other person shall have any rights to enforce any of its terms.

17.4 Entire agreement: These Terms constitute the entire agreement between you and us, and supersede all prior agreements or communications.

17.5 If a court finds part of these Terms illegal, the rest will continue in force: If any provision of these Terms is found to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms.

17.6 Even if we delay in enforcing these Terms, we can still enforce them later: If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking the Contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.

17.7 Which laws apply to these Terms and where you may bring legal proceedings: These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the laws of the United Arab Emirates.

(a) If you are a consumer resident in the UAE, you are entitled to raise a complaint with us in the first instance. We will use reasonable efforts to resolve your complaint promptly and directly with you.

(b) If you are not satisfied with our response, you are entitled to escalate your complaint to the UAE Ministry of Economy’s Consumer Protection Department, which is the competent authority responsible for enforcing consumer rights. You can contact the Consumer Protection Call Centre on 600 522 225 or via https://www.moe.gov.ae.

(c) If your complaint cannot be resolved through the Consumer Protection Department, you may bring proceedings before the competent UAE courts, which shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes or claims).

Part 4 - Terms and Conditions of Website Use

18. ACCESS TO THE SITE

18.1 Access to and use of the Site is subject to these Terms. By accessing the Site, you agree to these Terms.

18.2 You are responsible for making all necessary arrangements to access the Site (and for any costs of doing so). In particular, you are responsible for ensuring that your computer and/or portable device is compatible with the Site.

18.3 You are responsible for ensuring that all persons accessing the Site through your internet connection are aware of these Terms.

18.4 We want you and others to enjoy using the Site. So when doing so, we ask that you observe the following rules:

(a) you are not permitted to use, or cause others to use, any automated system or software to extract content or data from the Site for commercial purposes except where you or any applicable third party has entered into a written agreement with us that permits such activity;

(b) you agree not to use the Site for any illegal or unauthorized purpose, and you agree to comply with all laws and regulations applicable to your use of the Site, including copyright and other intellectual property laws;

(c) you must not attempt to restrict another user of the Site from using or enjoying the Site, and you must not encourage others to breach these Terms;

(d) you must not interfere with the Site or any servers or networks connected to the Site, including by transmitting any worms, viruses, malware, spyware or any other code of a destructive, malicious or disruptive nature. You must not inject content or code or otherwise alter or interfere with the way any page of the Site is rendered or displayed in a user’s browser or device;

(e) you must not change, modify or alter the Site or change, modify or alter another website so as to inaccurately imply an association with the Site or us; and

(f) you must not access the Site via a means we have not authorized in writing in advance, including automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies).

18.5 If you breach any of these Terms, or any of the other terms and policies referred to in these Terms, your ability to access and use the Site may be terminated by us immediately.

19. TRADEMARKS AND COPYRIGHTS

19.1 New Balance, the New Balance logo, the flying NB logo, N (design), newbalance.co.ae, the newbalance.co.ae logo, and all other New Balance and newbalance.co.ae trademarks and logos are registered and unregistered trademarks and service marks of New Balance (the “New Balance Trademarks”), and the trade dress of New Balance’s products are owned by New Balance. All other trademarks on the Site are the property of the respective trademark owners (the “Third Party Trademarks”, and collectively with the New Balance Trademarks, the “Trademarks”). Unauthorized use of these trademarks is prohibited by law. Nothing on the Site nor anything in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site 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 belong to New Balance. All copyright in the designs, Web pages and source code comprising the Site belongs to New Balance or its licensors. All rights reserved.

19.2 The following list is merely a representative sample of the Third Party Trademarks that may be in use at any given time on the Site. 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 the Site: 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.

19.3 Any use by you of the Site or its contents in a manner not expressly permitted by these Terms may mean that you are infringing our intellectual property rights and/or the rights of our licensors. We and our licensors reserve all rights and remedies available in respect of any such infringement.

20. RESTRICTIONS ON USE

20.1 All content and material on the Site, 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 and intellectual property laws. The compilation of all content and material on the Site is the exclusive property of New Balance or its licensors and protected by U.S. and international copyright and intellectual property laws. Notwithstanding the foregoing, New Balance is not responsible for User Content (as defined below) posted, submitted or transmitted by Users of the Site. Content and material on the Site 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 Site is provided for lawful purposes only. In the event you download software from the Site, 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. To the extent prohibited by law, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Downloading or using the Software is at your sole risk.

20.2 Any other intellectual property embodied in the Site or New Balance products, including without limitation patents, issued or pending, or database rights are the sole property of New Balance and/or its licensors.

21. MEMBER ACCOUNT

21.1 Your access to and use of certain components of the Site as a member is subject to verification of your authority to so access and use such components of the Site. You shall hold and secure any username and password that provides you access to the Site 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 Site 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 uaecustomercare@newbalance.com.

21.2 New Balance may add, delete, remove, modify, disable, suspend or restrict some or all of the Site at its sole discretion without notice to you, and you acknowledge that: (i) you may no longer be able to use the Site to the same extent, or at all, as prior to such events; and (ii) New Balance shall have no liability to you or any third party in such case. New Balance 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 Site.

21.3 Use of and membership on the Site is void where prohibited. By using the Site as a member, you represent and warrant that (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older; and (iv) your use of the Site does not violate any applicable law or regulation. Your membership may be terminated without warning, if we believe that you are under 18 years of age.

21.4 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.

22. POLICY CONCERNING CLAIMS OF INFRINGEMENT

22.1 It is the policy of New Balance to respond expeditiously upon receiving notice of claimed intellectual property infringement on the Site. New Balance will promptly process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement.

22.2 All notices as to matters of intellectual property infringement should be sent to our designated agent at the following address:

New Balance Middle East Sports Wear Trading LLC

General Counsel

100 Guest Street

Boston, MA 02135 USA

22.3 Notices as to matters of intellectual property infringement should contain the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the intellectual property owner who is allegedly infringed.

(b) Identification of the work and the intellectual property right 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 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.

22.4 New Balance reserves the right to (i) remove any material which it believes may violate the intellectual property rights or other rights of any third party; and/or (ii) limit access to or from the Site for any user whom New Balance believes is violating any such rights of others.

23. SUBMISSIONS AND COMMUNICATIONS

23.1 You agree that you will not upload or transmit any remarks, suggestions, messages (including without limitation to other Site users) ideas, photographs, graphics, information, data, text, files, links, software, or other materials (“User Content”) that: (i) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, or contain any malicious software, virus or code, (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 personal 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 Site’s server, or (xvii) include a photograph or personal information of another person that you have posted without that person’s consent. New Balance reserves the right to monitor and, at its sole discretion, without notice remove any User Content from the Site.

23.2 By submitting User Content to New Balance through the Site, you automatically represent and warrant that you have the right to grant, and do hereby grant, to New Balance the worldwide, paid-up, royalty-free, perpetual, irrevocable, sublicensable, assignable, non-exclusive right and license to (i) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such User 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 User Content; and (ii) use the User 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 User Content and the right to practice. Under no circumstances will New Balance be required to treat any User Content as confidential (subject to our Privacy and Cookie Policy). New Balance will be entitled to use the User Content for any purpose whatsoever (consistent with our Privacy and Cookie Policy) without compensation to you or any other person. For the avoidance of doubt, you acknowledge that New Balance has wide access to ideas and other literary and artistic materials submitted to it from outside sources or being developed by its own employees, and New Balance will not be liable to you or any other person for any such ideas or materials for New Balance’s business (including, without limitation, product designs or ideas) which may be competitive with, or similar to, the User Content and will not incur any liability as a result of any similarities to the User Content that may appear in any future products or services of New Balance.

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

23.4 New Balance shall have the right to refuse to post, transmit, remove or edit all or any portion of any User Content.

24. LINKS

24.1 The Site 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 websites does not imply endorsement by New Balance and/or the Site. Viewing of, or purchasing products from, any website linked to the Site is done at your own risk.

24.2 You may link to any page in the Site, provided that you do so for non-commercial purposes and in a way that is fair and legal and which does not damage our reputation or take advantage of it. For the avoidance of doubt, the linking site must not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. We reserve the right to withdraw linking permission at any time and without notice.

24.3 You must not link to the Site in such a way as to suggest any form of association, approval or endorsement on our part where none exists and you must not remove, obscure or modify in any way any advertisements, copyright notice, or other information on the Site. The Site must not be framed on any other website.

25. ACCURACY AND AVAILABILITY OF WEBSITE

25.1 We do our best to make sure that the Site is accurate, up-to-date and free from bugs, but we cannot promise that it will be and you are responsible for putting in place your own internet security and safety measures.

25.2 The Site is provided free of charge and has not been developed to meet your specific requirements. We cannot promise that it will be fit or suitable for your specific purposes.

25.3 Materials posted on the Site are provided for general information purposes only and to inform you about us and our news, features, products and services. This information is not intended as any form of advice and should not be relied on as such. Any reliance that you may place on the information on the Site is at your own risk.

25.4 Access to the Site is permitted on a temporary basis and we reserve the right to suspend or terminate access to any part of it at any time without notice.

25.5 We update the Site regularly and reserve the right to add, remove or otherwise change the Site and/or its content at any time without notice.

26. INDEMNIFICATION

26.1 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, attorneys’ fees) incurred by the Indemnitees in connection with your use of the Site, including without limitation with respect to any claim arising out of any User Content that you submit or breach or alleged breach of any of your obligations set forth 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.

27. DISCLAIMER

27.1 NEW BALANCE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “NEW BALANCE PARTIES”) DO NOT WARRANT THAT ANY INFORMATION, CONTENT OR MATERIAL ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE CONTENT OR MATERIAL ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

27.2 THE SITE IS PROVIDED “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE TO THE EXTENT PERMITTED BY APPLICABLE LAW.

27.3 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE NEW BALANCE PARTIES EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO THE SITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.

27.4 THE NEW BALANCE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SITE, WHETHER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

27.5 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE NEW BALANCE PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE 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 SITE 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.

28. LIMITATION OF LIABILITY

28.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE NEW BALANCE PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY THE SITE OR ANY CONTENT ON THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE OR COMPUTER VIRUS.

28.2 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 RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THE SITE EVEN IF THERE IS NEGLIGENCE BY THE NEW BALANCE PARTIES OR IF AN AUTHORIZED REPRESENTATIVE OF THE NEW BALANCE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

28.3 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.

28.4 SOME JURISDICTIONS DO NOT ALLOW (i) THE EXCLUSION OF IMPLIED WARRANTIES; OR (ii) THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; OR (iii) THE EXCLUSION OF A PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET OUT IN CLAUSES 27 AND 28 MAY NOT APPLY TO CERTAIN USERS.

29. TERMINATION

29.1 New Balance may terminate any rights granted hereunder at any time. You may terminate any obligations granted hereunder by destroying: (i) all content and material obtained from the Site; and (ii) all related documentation and all copies, printouts, and installations. New Balance may prevent your access to the Site or cancel your membership immediately without notice if, in its sole judgment, you breach these Terms.

30. COMPLIANCE WITH APPLICABLE LAWS

30.1 This Site is based in the United Arab Emirates. We make no claims concerning whether any content or materials on the Site (including User Content) may be downloaded, viewed, or be appropriate for use outside of the United Arab Emirates. To the maximum extent permitted by applicable law, access to the Site or User Content from outside the United Arab Emirates is at your own risk. Whether inside or outside of the United Arab Emirates, you are solely responsible for ensuring compliance with the laws of your specific jurisdictions.

31. IMPORTANT NOTICE FOR AMATEUR ATHLETES

31.1 You are responsible for ensuring that your use of or participation in the activities of the Site 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 SITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.

32. NO RESALE

32.1 You may use the Site only for your own non-commercial use to participate in the Site or to place an order or purchase Products. Any other use is prohibited unless agreed to by New Balance in writing.

33. ADDITIONAL TERMS

33.1 In order to participate in certain contests, promotions or other special programs made available through the Site, you may be required to agree to additional terms and conditions that apply to such contests, promotions and other special programs (collectively, the “Program Terms”). In such event, participation in the applicable contest, promotion and/or other special program will be subject to these Terms and the applicable Program Terms, provided however in the event of a conflict between the Program Terms and these Terms, the applicable Program Terms will prevail.

34. MOBILE SERVICES

34.1 The Site includes certain services that are available via a mobile device, including (i) the ability to upload content to the Site via a mobile device, (ii) the ability to browse the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Site through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.