Date of Last Revision: August 9, 2016
Welcome to MyNB!
New Balance Athletics, Inc. (“New Balance,” “we,” “us,” “our”) offers its customers (“you”, “your”) a loyalty program called MyNB (“MyNB”) through its website located at www.newbalance.com (the “MyNB Site”) and through the mobile application(s) that we make available to access MyNB (the “MyNB App”). MyNB, the MyNB Site, the MyNB App and any other services made available in connection with MyNB, including any new features and applications, are collectively referred to as the “MyNB Service(s).” The MyNB Services are subject to the following terms and conditions (as amended from time to time, these “MyNB Terms”). By clicking the create account button indicating your acceptance of these MyNB Terms when registering for MyNB, downloading any MyNB App or the MyNB Services or otherwise, you agree you have read and are bound by these MyNB Terms. We reserve the right to change or modify portions of these MyNB Terms at any time. If we do so, we will post the changes on this page and indicate at the top of the page the date these MyNB Terms were last revised. We will also notify you of any material changes, either through the MyNB Site interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after being posted, except that changes addressing new functions of the MyNB Services or changes made for legal reasons may become effective immediately. Your continued use of the MyNB Services after any such changes or modifications become effective constitutes acceptance of such changes or modifications. If you do not agree to abide by these or any future MyNB Terms, do not use or access (or continue to use or access) the MyNB Services.
PLEASE READ THESE MYNB TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. MEMBERSHIP TO MYNB AND USE OF THE MYNB SERVICES IS LIMITED TO RESIDENTS OF THE UNITED STATES (INCLUDING PUERTO RICO, BUT EXCLUDING ALL OTHER U.S. FOREIGN POSSESSIONS AND TERRITORIES). YOU REPRESENT THAT YOU ARE A UNITED STATES RESIDENT. EMPLOYEES OF NEW BALANCE ARE NOT ELIGIBLE TO PARTICIPATE IN MYNB.
1. Access and Use of the MyNB Service
Subject to these MyNB Terms, MyNB enables you to earn points through your qualified transactions and engagement with New Balance (“NB Points”), such as, for instance, purchasing New Balance merchandise via New Balance’s online sites and services, including without limitation, www.newbalance.com and through the MyNB app (“NB Online Sites”) and at New Balance Stores (as defined below), participating in certain events and/or fitness-related activities and raising awareness regarding New Balance on social media. The specific ways in which you may earn NB Points are described in more detail below under the heading “NB Points, Rewards and Levels”. After accruing certain levels of NB Points, such NB Points may be redeemed for certain rewards, such as discounts off New Balance purchases, gift cards, tickets to athletic events, race bibs, marathon trips and charitable opportunities (“Rewards”). EACH NB POINT WILL EXPIRE ON THE LAST DAY OF THE MONTH IN WHICH SUCH NB POINT WAS EARNED IN THE FOLLOWING YEAR.
Your Registration Obligations:
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify New Balance of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the MyNB Services. New Balance will not be liable for any loss or damage arising from your failure to comply with this Section.
NB Points, Rewards and Levels:
Specific information on (a) each action that will earn you NB Points, (b) the maximum number of times you may earn NB Points performing such action, (c) the number of NB Points you will receive for such action, (d) each Reward that is available, (e) the number of NB Points required to claim such Reward, (f) the MyNB levels (“Levels”) and benefits related thereto and (g) the actions that may lead you to achieve or lose Levels are located on the MyNB Level and Reward Page, a current copy of which is located at http://www.newbalance.com/id/loyalty-info.html (the “Level and Reward Page”). New Balance reserves the right to add, withdraw, amend or otherwise change the terms set forth on the Level and Reward Page at any time in its sole discretion, with or without notice to MyNB members. We recommend that you frequently review the Level and Reward Page to view the current ways to earn NB Points and available Rewards. New Balance may also add special Rewards to MyNB from time to time, with or without notice. Some of these special Rewards may be offered for only a limited time. Other than with respect to in-person purchases at New Balance Stores, if you are logged into your MyNB account on the MyNB Site or MyNB App, the NB Points you earn will be automatically added into your MyNB account. For qualifying in-person purchases at New Balance Stores, you may provide your e-mail address to the cashier upon checking out and any NB Points that result from such purchase will be added into your MyNB account. Qualified purchases include purchases of regular and sale priced merchandise via NB Online Sites and at certain New Balance Stores, as indicated on the Level and Reward Page. Purchases at stores other than New Balance Stores identified on the Level and Reward Page will not qualify for NB Points. No NB Points are earned when purchasing Gift Cards or eGift Cards from New Balance, but you may earn NB Points when redeeming a Gift Card or eGift Card at New Balance Stores identified on the Level and Reward Page and online at www.newbalance.com. NB Points you have earned through a purchase will be netted from your overall NB Points total if the item is returned in accordance with New Balance’s returns policy. NB Points will be adjusted appropriately if earned through purchase of a product that is later exchanged for a different product. EACH NB POINT WILL EXPIRE ON THE LAST DAY OF THE MONTH IN WHICH SUCH NB POINT WAS EARNED IN THE FOLLOWING YEAR. Prior to such expiration, subject to the restrictions on the Level and Reward Page, you may redeem your NB Points for a Reward at any time by making a qualified purchase at a participating New Balance Store or via the MyNB Site or MyNB App by (a) clicking “Redeem”, (b) selecting a Reward for which you have accrued the required number of NB Points, and (c) completing any further actions that may be required to redeem such Reward, as will be communicated to you as part of the process or in a confirmatory e-mail from New Balance. A Reward in the form of a dollar amount off a purchase may only be redeemed on purchases of $25 or more and, when redeemed with respect to purchases of multiple items, is applied as a percentage off each such purchased item.
A Reward in the form of a dollar amount off a purchase that you use on at purchase of multiple items will not be returned to you unless you return all such originally purchased items.
Modifications to MyNB and/or MyNB Services:
New Balance reserves the right to modify or discontinue, temporarily or permanently, MyNB and/or any MyNB Service (or any part thereof) with or without notice. You agree that New Balance will not be liable to you or to any third party for any modification, suspension or discontinuance of MyNB and/or any MyNB Service.
General Practices Regarding Use and Storage:
You acknowledge that New Balance may establish general practices and limits concerning use of the MyNB Services, including without limitation the maximum period of time that data or other content will be retained by the MyNB Services and the maximum storage space that will be allotted on New Balance’s servers on your behalf. You agree that New Balance has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the MyNB Services. You further acknowledge that New Balance reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The MyNB Services include certain services that are available via a mobile device (collectively, the “Mobile Services”), including the ability to (i) earn NB Points by checking in certain locations, (ii) view the Level and Reward Page and claim Rewards, (iii) locate New Balance Store locations, (iv) check into certain events and New Balance Stores, (v) connect to New Balance’s e-commerce site and (vi) view your NB Point history and online purchases via NB Online Sites. To the extent you access the MyNB Services 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. By using the Mobile Services, you agree that we may communicate with you regarding New Balance and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your New Balance account information to ensure that your messages are not sent to the person that acquires your old number.
2. Conditions of Use
You are solely responsible for all information or other materials (“content”) that you upload or submit (hereinafter, “upload”) via the MyNB Services. You agree not to use the MyNB Services in any manner that violates any applicable local, state, national or international or other law, or any applicable regulations, or that interferes with or disrupts the MyNB Services. New Balance reserves the right to investigate and take appropriate legal action against anyone who, in New Balance’s sole discretion, violates this provision, including without limitation, removing the offending content from the MyNB Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
Special Notice for International Use; Export Controls:
Software (defined below) available in connection with the MyNB Services and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the MyNB Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the MyNB Services, including as it concerns online conduct and acceptable content.
Unless otherwise expressly authorized herein or in the MyNB Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of MyNB, the MyNB Services, use of the MyNB Services, or access to the MyNB Services. The MyNB Service is for your personal use. NB Points are not transferable and may not be combined among MyNB members or conveyed by any means to anyone. The sale or barter (or the attempted sale or barter) of Rewards, NB Points or New Balance promotional offers, and any misrepresentation of fact relating thereto, may result in cancellation of the MyNB Services, including any unused NB Points or claimed but unused Rewards.
3. Intellectual Property Rights
Service Content, Software and Trademarks:
You acknowledge and agree that the MyNB Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by New Balance, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the MyNB Services or the Service Content. In connection with your use of the MyNB Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the MyNB Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the MyNB Services or distributed in connection therewith are the property of New Balance, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by New Balance.
The New Balance name and logos are trademarks and service marks of New Balance (collectively the “New Balance Trademarks”). Other New Balance, product, and service names and logos used and displayed via the MyNB Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to New Balance. Nothing in these MyNB Terms or the MyNB Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of New Balance Trademarks displayed on the MyNB Services, without our prior written permission in each instance. All goodwill generated from the use of New Balance Trademarks will inure to our exclusive benefit.
Third Party Material:
Under no circumstances will New Balance be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content.
User Content; Feedback:
With respect to the content or other materials you upload through the MyNB Services (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant New Balance and its affiliated companies a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the MyNB Services or MyNB, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the MyNB Services or MyNB (“Submissions”), provided by you to New Balance are non-confidential and New Balance will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that New Balance may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these MyNB Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of New Balance, its users and the public. You understand that the technical processing and transmission of the MyNB Service, including your information, data or content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
4. Third Party Websites and Services
The MyNB Services may provide links or other access to other sites, resources and services, or may offer an opportunity to earn NB Points by accessing and using a third party service or mobile application, or may offer a Reward that involves a third party product or service. Such third party sites, resources, services, applications, products or services are collectively referred to as “Third Party Services”. New Balance has no control over such Third Party Services, and New Balance is not responsible for and does not endorse such Third Party Services. You further acknowledge and agree that New Balance will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on Third Party Services. Any dealings you have with third parties found while using the MyNB Services are between you and the third party, and you agree that New Balance is not liable for any loss or claim that you may have against any such third party.
5. Social Networking Services
In addition, New Balance is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, New Balance is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. The inclusion of such features does not imply New Balance’s endorsement or recommendation.
6. Indemnity and Release
You agree to release, indemnify and hold New Balance, its affiliates and the New Balance Store owners (if other than New Balance) and each of their respective officers, employees, directors, consultants, service providers and agents (the “Released Parties”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the MyNB Services, your membership in MyNB, any User Content, your connection to the MyNB Services, your violation of these MyNB Terms or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify, defend or hold harmless any Released Party from or against any liability, damages or costs incurred as a result of any action or inaction of such Released Party. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
IF YOU ARE A NEW JERSEY RESIDENT, YOUR OBLIGATIONS UNDER THIS SECTION 6 (INDEMNITY AND RELEASE) ARE INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
7. Disclaimer of Warranties
YOUR USE OF THE MYNB SERVICES IS AT YOUR SOLE RISK. THE MYNB SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEW BALANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NEW BALANCE MAKES NO WARRANTY THAT (I) THE MYNB SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE MYNB SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MYNB SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE MYNB SERVICES WILL MEET YOUR EXPECTATIONS.
IF YOU ARE A NEW JERSEY RESIDENT, THIS SECTION 7 (DISCLAIMER OF WARRANTIES) IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEW BALANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE PROGRAM; (II) THE USE OR THE INABILITY TO USE THE MYNB SERVICES; (III) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MYNB SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MYNB SERVICES; OR (VI) ANY OTHER MATTER RELATING TO THE MYNB SERVICES. IN NO EVENT WILL ANY RELEASED PARTY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION INCURRED WITH RESPECT TO THE PROGRAM OR ARISING FROM OR RELATED TO THESE MYNB TERMS EXCEED THE AMOUNT YOU HAVE PAID NEW BALANCE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
IF YOU ARE A NEW JERSEY RESIDENT, THIS SECTION 8 (LIMITATION OF LIABILITY) IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE IN SECTIONS 6, 7 AND 8 MAY NOT APPLY TO OR BE ENFORCEABLE WITH RESPECT TO CUSTOMERS OF MYNB FROM SUCH JURISDICTIONS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MYNB SERVICE OR WITH THESE MYNB TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE MYNB SERVICES.
You agree that New Balance, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the MyNB Services for lack of use or if New Balance believes that you have violated or acted inconsistently with the letter or spirit of these MyNB Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the MyNB Services may be referred to appropriate law enforcement authorities. You agree that any termination of your access to the MyNB Services under any provision of these MyNB Terms may be effected without prior notice, and acknowledge and agree that New Balance may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the MyNB Services (including any unused NB Points or claimed but unused Rewards). Further, New Balance may terminate or suspend the MyNB Services at any time. You agree that New Balance will not be liable to you or any third party for any termination of your access to the MyNB Services or any termination or suspension of the MyNB Services. You may terminate your MyNB account at any time by contacting our Customer Care Center at 1-800-595-9138 or CustomerCare@newbalance.com.
10. Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum with respect to these MyNB Terms, MyNB or the MyNB Services will be conducted solely on an individual basis. Neither you nor New Balance will seek to have any such dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. If this class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then this section will not apply to those parts.
12. Your Privacy
Questions? Concerns? Suggestions?
Please contact our Customer Care Center at 1-800-595-9138 or CustomerCare@newbalance.com with any questions, concerns or suggestions related to MyNB, these MyNB Terms or the MyNB Services.