Nike Terms of Use

ARCHIVED 2022-06-29, DATE APPROXIMATE · VERSION 20220629_rev01 · COMPARED WITH 20220123_rev01

Full text changes — 20220123_rev01 to 20220629_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 #### NIKE TERMS OF USE
+Date of last revision: September 2021
+Date of last revision: June 2022
 **PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE USING ANY NIKE PLATFORM.**
 **If you live in any of the following countries or regions, additional terms may apply to you and are viewable at the bottom of these Terms. We display the country/region within the Terms when applicable. These additional terms override the Terms below to the extent of any inconsistency.**
+[Argentina](), [Australia](), [Brazil](), [Canada](), [China]() (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan) [Colombia](), [Hong Kong](), [Japan](), [Korea](), [Philippines](), all [European countries]() (including specific terms for [Austria](), [Belgium](), [France](), [Germany](), [Hungary](), [Italy](), [Poland]() and [Switzerland]().
+[Argentina](), [Australia](), [Brazil](), [Canada](), [Colombia](), [Hong Kong](), [Japan](), [Korea](), [Philippines](), all [European countries]() (including specific terms for [Austria](), [Belgium](), [France](), [Germany](), [Hungary](), [Italy](), [Poland]() and [Switzerland]().
 Welcome 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 service provider's normal rates and fees apply to your Device.
 **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:
 - **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.
 - **Terms of Sale.** By making any purchase with us, you also agree to the [Terms of Sale](http://agreementservice.svs.nike.com/nl/en_gb/rest/agreement) that apply in your country or region. \[See [Hungarian]() terms.\]
 - **Privacy Policy.** Our [Privacy Policy](http://agreementservice.svs.nike.com/nl/en_gb/rest/agreement) describes the collection and use of personal information on the Platform and applies to your use of the Platform.
 - **Important Notice for Amateur Athletes**. You are responsible for ensuring that your participation on the Platform does not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. N**IKE is not responsible or liable for your use of the Platform resulting in your ineligibility as an amateur athlete.**
 **1\. GROUND RULES**
+**Eligibility.** You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries. \[See [China]() (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan) terms.\]
+**Eligibility.** You are only eligible to use the Platform if you are of legal age in your country or if you have consent from your parent or guardian. There may be certain age restrictions for specific Platform services in various countries.
 **Rules for Registration.** When you register for an account with us, the following rules apply:
 - **Be True**: Provide accurate and current registration information.
 - **Be You:** Keep your registration personal. Do not register for more than one NIKE account, register a NIKE account on behalf of someone else, or transfer your account.
 - **Be Secure:** Keep your username, password and other login credentials secure and do not allow anyone else to use your account.
 - **Be Responsible:** Inform NIKE immediately of any unauthorised use of your NIKE account. You are responsible for anything that happens through your NIKE account - with or without your permission. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, NIKE IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORISED USE OF YOUR ACCOUNT.
+**\[See [China]() (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan) terms.\]**
 **2\. OWNERSHIP OF CONTENT**
 Except for User Content (defined below), all of the content on our Platform - including text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content ("Content") - is owned by NIKE or others we license Content from, and is protected by copyright, trademark, patent and other laws. NIKE reserves all rights not expressly described in these Terms.
 - All trademarks, service marks and trade names (e.g. the NIKE name and the Swoosh design) are owned, registered and/or licensed by NIKE. You do not acquire a licence or any ownership rights to any trademarks, service marks, or trade names through your access or use of the Platform or Content.
 - You agree not to change or delete any ownership notices from materials downloaded or printed from the Platform.
 We want you to enjoy our Platform, but NIKE must also protect itself from any damages you may cause.
 Indemnification and RELEASE. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you. \[See [Canada](), [France](), [Germany]() and [Hong Kong]() terms.\] You agree to indemnify, defend, and hold harmless NIKE Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the "NIKE Parties") from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the NIKE Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.
 **LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you. \[See [Canada](), [France](), [Germany](), [Hong Kong]() and [Philippines]() terms.\]** NONE OF THE NIKE PARTIES WILL BE LIABLE FOR ANY DIRECT, 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.
+**10\. APP MARKETPLACES:** You acknowledge that this agreement is between you and NIKE only, and not with the app marketplace where you downloaded a NIKE app (e.g. for iOS users, the App Store operated by Apple Inc. or for Android users, the Google Play store operated by Google Inc.).
+**10\. DISPUTES/ADDITIONAL TERMS**
+- **Subscriptions to NTC Premium.** The following terms apply if you have purchased a subscription to NTC Premium through your preferred app store:
+- Payments for subscriptions to NTC Premium are charged through your preferred app store account. You may elect to purchase either a monthly or an annual subscription. Your subscription will automatically renew and your app store account will be automatically charged for the renewal unless you cancel at least 24 hours before the end of the current billing period. Cancel anytime by navigating to your NTC Profile, tap on Settings, and select "Premium Subscription", which will link you to the applicable app store subscription centre. Any unused portion of a free trial period (if any) will be forfeited if you purchase a subscription during the free trial period. By subscribing to NTC Premium, you agree to our [Privacy Policy](http://agreementservice.svs.nike.com/nl/en_gb/rest/agreement) and [Terms of Sale](http://agreementservice.svs.nike.com/nl/en_gb/rest/agreement).
+- **SUBSCRIPTIONS NON-REFUNDABLE:** Refunds on subscriptions to NTC Premium are subject to the applicable app store policy. Subscriptions to NTC Premium are non-refundable and there is no right to refunds or credits unless required by applicable law or as otherwise permitted by the applicable app store policy.
+**11\. DISPUTES/ADDITIONAL TERMS**
 **Choice of Law/Jurisdiction**
+**If you live in any of the following countries, different "Choice of Law/Jurisdiction" terms may apply to you: [Argentina](), [Austria](), [Brazil](), [Canada](), [China]() (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan) [France](), [Germany](), [Hong Kong](), [Italy](), [Philippines](), [Poland](), [Switzerland]() and all other E[uropean countries]().**
+**If you live in any of the following countries, different "Choice of Law/Jurisdiction" terms may apply to you: [Argentina](), [Austria](), [Brazil](), [Canada](), [France](), [Germany](), [Hong Kong](), [Italy](), [Philippines](), [Poland](), [Switzerland]() and all other E[uropean countries]().**
 - You agree that this Platform is a passive platform solely based in Oregon, USA, which does not give rise to personal jurisdiction over NIKE in jurisdictions other than Oregon.
 - You agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE shall be governed in all respects by Oregon law, without regard to choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods.
 - 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 state or federal courts located in Multnomah County, Oregon, USA.
 - You consent to waive all defences of "lack of personal jurisdiction" and "inconvenient forum" with respect to venue and jurisdiction in the state and federal courts of Multnomah County, Oregon.
 - 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.
 **Section 3 (POSTING CONTENT ON THE PLATFORM):** the first bullet point paragraph under sub-section "USER CONTENT LICENCE" is deleted and replaced with the following:
 "You grant NIKE a non-exclusive, transferable, royalty-free, worldwide licence to display the User Content that you post on or in connection with the Platform and to share it with other Users, including the right to translate, display, reproduce, modify, create derivative works of, sublicense and distribute the User Content.
 For example, we need these rights so we can copy your User Content into our databases, display it in the correct format across our mobile applications, and send your User Content to vendors who perform services on Nike's behalf".
+**Section 11 (DISPUTES/ADDITIONAL TERMS)**: this section is modified as follows:
+**Section 10 (DISPUTES/ADDITIONAL TERMS)**: this section is modified as follows:
 The sub-section titled "CHOICE OF LAW/JURISDICTION" is hereby deleted and replaced with the following (except the last bullet point regarding bringing claims, which remains unchanged):
 **"Choice of Law/Jurisdiction**
 - You agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE shall be governed in all respects by Argentine law."
 The sub-section titled "WARRANTY DISCLAIMER" is modified by adding the following:
 "However, the Platform, Content, and the materials and products on this Platform, come with certain guarantees that cannot be excluded for the benefit of Australian customers under Australian consumer law ("ACL"), including guarantees as to the acceptable quality and fitness of purpose of products. Nothing in these Terms will be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by the ACL and which by law cannot be excluded, restricted or modified, even if any other term of these Terms would otherwise suggest that this might be the case."
 **BRAZIL**
+**Section 11 (DISPUTES/ADDITIONAL TERMS)**: this section is modified as follows:
+**Section 10 (DISPUTES/ADDITIONAL TERMS)**: this section is modified as follows:
 The sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted and replaced with the following:
 **"Choice of Law/Jurisdiction**
 - You agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE shall be governed in all respects by Brazilian law, without regard to choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods.
 (b) you may refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending Nike a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in your obligations or a reduction in Nike's obligations."
 **MULTIPLE SECTIONS:** The terms set forth in the sections titled "Physical Activity", "Warranty Disclaimer", "Indemnification/Limitation of Liability" and "Limitation of Liability" are qualified by the following:
 **"Consumer protection laws in some jurisdictions, including Quebec, do not allow for the limitations and exclusions of warranties on purchased products. If these laws apply to you, the exclusions or limitations in the following sections may not apply: Physical Activity, Warranty Disclaimer, Indemnification/Limitation of Liability and Limitation of Liability."**
+SECTION 11 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:
+SECTION 10 (DISPUTES/ADDITIONAL TERMS): this section is modified as follows:
 The sub-section titled "CHOICE OF LAW/JURISDICTION" is modified by adding the following at the beginning of the section:
 **"Consumer protection laws in some jurisdictions, such as Quebec, might require that your agreement be governed by the laws of your jurisdiction and heard by competent courts in your jurisdiction. In addition, such laws may not allow you to waive your right to be part of a class action or to limit your time limitation to commence legal proceedings. If these laws apply to you, the following limitations may not be applicable."**
+**CHINA** (for the purpose of these Terms, excluding Hong Kong, Macao and Taiwan)
+Section 1 (GROUND RULES): the sub-section titled "Eligibility" is deleted in entirety and replaced by the following:
+"You are eligible to use the Platform if: i) you are of legal age and have capacity for civil conduct in accordance with the laws of the People's Republic of China; or ii) you have the consent from your parent or guardian. There may be a certain age requirement for specific Platform services in each country/region.
+If you are a parent or guardian and find that your child is using the Platform without your consent, you may contact us."
+The following terms are added to the end of the second paragraph under "Rules for Registration":
+"To comply with the laws and regulations of the People's Republic of China, you shall complete the real name verification in accordance with the applicable laws."
+Section 11 (DISPUTES/ADDITIONAL TERMS):
+The sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety and replaced with the following:
+"Choice of Law/Jurisdiction
+- You agree that the Platform, Terms and any dispute between you and NIKE shall be governed in all respects by the laws of People's Republic of China, without regard to choice of law provisions, and the 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply.
+- Unless otherwise provided by applicable laws, you agree that all disputes and claims arising from your use of the Platform (including, but not limited to, the purchase of NIKE products) shall be resolved through amicable negotiation between the two parties; if no agreement is reached, either party may file a lawsuit at the Yangpu District People's Court of Shanghai and both parties shall waive the right to file an objection to subject matter jurisdiction."
 **COLOMBIA**
 **Section 3 (POSTING CONTENT ON THE PLATFORM):** the sub-section titled "USER CONTENT LICENCE" is modified as follows:
 The first bullet point paragraph under USER CONTENT LICENCE is deleted and replaced with the following:
 Limitation of liability. Except to the extent permitted by applicable laws, you agree:
 - that none of the NIKE Parties will be liable for any special, incidental or consequential damages (including 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; and
 - 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 the greater of: (1) the amount you have paid to us under these Terms for your use of the Platform or any Content, or (2) US$100.00."
+Section 11 (DISPUTES/ADDITIONAL TERMS): The first bullet point under the sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety.
+Section 10 (DISPUTES/ADDITIONAL TERMS): The first bullet point under the sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety.
 **JAPAN**
 **Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY):** this section is modified as follows:
 The sub-section titled "LIMITATION OF LIABILITY" is deleted in its entirety and replaced with the following:
 **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.
+**Section 11 (DISPUTES/ADDITIONAL TERMS)**: this section is modified as follows:
+**Section 10 (DISPUTES/ADDITIONAL TERMS)**: this section is modified as follows:
 The sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety and replaced with the following:
 **"Choice of Law/Jurisdiction**
 - You agree that the Platform, Terms, Privacy Policy and any dispute between you and NIKE shall be governed in all respects by Japanese law, without regard to choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods.
 - You understand that deleted User Content may persist in NIKE's systems and on the Platform to the extent your User Content has been publicly posted or shared with others who have not deleted it, unless you or the relevant individual request deletion or blocking of personal data in accordance with applicable law.
 **Section 9 (INDEMNIFICATION/LIMITATION OF LIABILITY):** The sub-section titled "LIMITATION OF LIABILITY" is deleted and replaced with the following:
 "To the extent allowed under applicable law, none of the NIKE parties will be liable for any special, incidental 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. 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, without prejudice to any applicable law."
+**Section 11 (DISPUTES/ADDITIONAL TERMS):** The first bullet point under the sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety.
+**Section 10 (DISPUTES/ADDITIONAL TERMS):** The first bullet point under the sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety.
 **EUROPEAN COUNTRIES**
 **The following revisions apply to all European countries, except Austria, France, Germany, Italy, Poland and Switzerland, which have other specific revisions to these terms applicable to European Countries.**
+**Section 11 (DISPUTES/ADDITIONAL TERMS)**: this section is modified as follows:
+**Section 10 (DISPUTES/ADDITIONAL TERMS)**: this section is modified as follows:
 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):
 **"Choice of Law/Jurisdiction**
 - You agree that the Platform, Terms, and any dispute between you and NIKE shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods.
 - Except where prohibited 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 and exclusively in the competent courts of Amsterdam, the Netherlands."
 **AUSTRIA**
+**Section 11 (DISPUTES/ADDITIONAL TERMS):** this section is replaced with the version for European Countries below, except the following is added at the end:
+**Section 10 (DISPUTES/ADDITIONAL TERMS):** this section is replaced with the version for European Countries below, except the following is added at the end:
 "All claims shall be brought within three (3) years after the claim arises."
 **BELGIUM**
 **Section 3 (POSTING CONTENT ON THE PLATFORM):** this section is modified as follows:
 The sub-section titled "Indemnification and Release" is deleted in its entirety and replaced with the following:
 **"Indemnification.** You agree to indemnify, defend, and hold harmless NIKE Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the "NIKE Parties") from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party."
 The sub-section titled "LIMITATION OF LIABILITY" is deleted in its entirety.
+**Section 11 (DISPUTES/ADDITIONAL TERMS)**: the sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety and replaced with the following:
+**Section 10 (DISPUTES/ADDITIONAL TERMS)**: the sub-section titled "CHOICE OF LAW/JURISDICTION" is deleted in its entirety and replaced with the following:
 **"Choice of Law/Jurisdiction**
 Nothing in this paragraph shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.
 - You agree that the Platform, Terms, and any dispute between you and NIKE shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods.
 The sub-section titled "INDEMNIFICATION AND RELEASE" is deleted in its entirety.
 The sub-section titled "LIMITATION OF LIABILITY" is deleted in its entirety and replaced with the following:
 **"LIMITATION OF LIABILITY.** Any liability of NIKE and its affiliates, and their officers, directors, shareholders, employees and agents (the "Released Parties") is limited to cases of intent or gross negligence. In cases of slight negligence, the Released Parties are only liable if an essential contractual duty, whose violation endangers the purpose of the contract or whose performance is required to achieve this purpose and in whose performance the consumer trusts (so called "cardinal duties") has been violated. In this case, the liability is limited to damages that are typical and foreseeable. This limitation of liability does not apply to claims under product liability law and in the case of bodily harm or death."
+**Section 11 (DISPUTES/ADDITIONAL TERMS):** this section is replaced with the version for European Countries above, except the following is added at the end:
+**Section 10 (DISPUTES/ADDITIONAL TERMS):** this section is replaced with the version for European Countries above, except the following is added at the end:
 "All claims shall be brought within two (2) years after the claim arises."
 **HUNGARY**
 **Introductory Paragraphs**: The second bullet point in the first section above titled "Terms of Sale" is amended by adding the following:
 The sub-section titled "USER INTERACTIONS" is deleted in its entirety and replaced with the following:
 "USER INTERACTIONS. We are not responsible for your interactions with other users of the Platform or any damage or harm you may experience because of these interactions, except in the event of fraud or gross negligence by Nike.
 Be responsible and take precautions when interacting with other users (including users you do not know) on the Platform. Before you meet another person face-to-face, consider investigating, bringing a friend, choosing public locations and letting someone know where you will be. NIKE is under no obligation to become involved with any user dispute (but may do so at its own discretion) except in the event of fraud or gross negligence by Nike."
+**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):
+**Section 10 (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):
 **"Choice of Law/Jurisdiction**
 - You agree that the Platform, Terms, and any dispute between you and NIKE shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods, subject to any statutory provisions of applicable law which may apply regardless of any different choice of law.
 - Except where prohibited 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 and exclusively in the court of the place where you are resident or domiciled."
 **POLAND**
+**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):
+**Section 10 (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):
 **"Choice of Law/Jurisdiction**
 - The Platform, Terms, and any dispute between you and NIKE shall be governed in all respects by Polish law.
 - 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 in the courts competent under applicable law."
 **SWITZERLAND**
+**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):
+**Section 10 (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):
 **"CHOICE OF LAW/JURISDICTION**
 - 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 UN Convention on Contracts for the International Sale of Goods.
 - 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."