Nike Terms of Use

20190330_rev01 · COMPARED WITH 20180720_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

Full text changes — 20180720_rev01 to 20190330_rev01

11## NIKE TERMS OF USE
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3_Date of last revision: March 2018_
3_Date of last revision: Dec. 2018_
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55**PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING ANY NIKE PLATFORM.**
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77**If you live in any of the following countries, additional terms may apply to you and are viewable at the bottom of these Terms. We display the country within the Terms when applicable. These additional terms override the Terms below to the extent of any inconsistency.**
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9**[Argentina](), [Australia](), [Brazil](), [Canada](), [Colombia](), all [European countries]() (including specific terms for [Austria](), [Belgium](), [France](), [Germany](), [Hungary](), [Italy](), [Poland]() and [Switzerland]())**
9**[Argentina](), [Australia](), [Brazil](), [Canada](), [Colombia](), all [European countries]() (including specific terms for [Austria](), [Belgium](), [France](), [Germany](), [Hungary](), [Italy](), [Poland](), [Switzerland]()), and [Japan]().**
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1111Welcome to the NIKE community! You are reading these Terms because you are using a NIKE website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of NIKE's Platform ("Platform"). You may access the Platform through a computer, mobile phone, tablet, console, or other technology, which we refer to here as a "Device". Your carrier's normal rates and fees apply to your Device.
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1313**These Terms create a legally binding agreement between you and NIKE and its affiliates (which we may refer to as "NIKE," "we," "us," or "our") regarding your use of the Platform**. Please review our [List of Local Entities](http://agreementservice.svs.nike.com/nl/en_gb/rest/agreement) for the name of the NIKE entity responsible for providing the Platform to you and the appropriate contact information. A few important points:
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1515- **Our Terms May Change. Some jurisdictions do not permit unilateral updates or changes to consumer terms, so this paragraph may not apply to you. \[See [Canada]() terms.\]** We may update these Terms from time to time. If a material change is made, we will post a notice on the Platform or send you a notification. Read through any changes, and if you don't agree to them, please stop using the Platform. If you continue to use our Platform after we notify you of changes, you will be deemed to have accepted the updated Terms, except to the extent prohibited by applicable law.
364364**Section 11 (DISPUTES/ADDITIONAL TERMS):** the sub- section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):
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366366**"CHOICE OF LAW/JURISDICTION**
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368368- You agree that the Platform, Terms, and any dispute between you and NIKE shall be governed in all respects by the substantive laws of Switzerland, without regard to any international conflict of law provisions, and to the exclusion of the 1980 U.N. Convention on Contracts for the International Sale of Goods.
369369- You agree that all disputes arising directly or indirectly out of or in connection with the Platform and these Terms of Use, shall be subject to the exclusive jurisdiction of the competent courts of the city of Zurich, Switzerland."
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371**JAPAN**
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373**Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY):** this section is modified as follows:
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375The sub-section titled "LIMITATION OF LIABILITY" is deleted in its entirety and replaced with the following:
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377**LIMITATION OF LIABILITY.** NONE OF THE NIKE PARTIES WILL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A NIKE EVENT OR NIKE PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF NIKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST NIKE IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF NIKE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, NIKE'S LIABILITY SHALL NOT EXCEED US$100.00 OR EURO 100.00 IF YOU LIVE IN EUROPE.
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379**Section 11 (DISPUTES/ADDITIONAL TERMS)**: this section is modified as follows:
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381The sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety and replaced with the following:
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383**"Choice of Law/Jurisdiction**
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385- You agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE shall be governed in all respects by Japense law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
386- Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of NIKE products) shall be resolved individually, without resort to any form of class action, and exclusively in the courts located in Tokyo, Japan.
387- All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.