Please Read the Following Terms and Conditions Carefully

By using the website loverunningmore.ca, and the pages, features, information, content, applications, and services contained therein from time to time (collectively, the “Service”), you agree to and are subject to the conditions, qualifications and policies described below, along with the Privacy Policy associated with the Service, whether you are a “Visitor” (which means that you simply browse the Service) or a “Member” (which means that you have registered or transacted with the Service or a component thereof). If you do not agree to be so bound, please exit the website now and do not access or use the Service in the future unless you agree to the conditions, qualifications and policies outlined below. New Balance Canada Inc. (“New Balance Canada”) reserves the right to make changes to the Service and these Terms and Conditions at any time. The changes will take effect upon their posting on the Service (unless otherwise noted in such changes). Please review these Terms and Conditions as often as you feel necessary, since your continued viewing of and/or use of the Service will serve as your confirmation that you agree with and accept any and all changes. If you are a Member and you do not agree with such changes, your sole remedy is to cancel your registration to the Service and discontinue all use of the Service. To understand our privacy practices, please review our Privacy Policy.

The Service may be used only by persons who (1) are of the age of majority in their province and can form legally binding contracts under applicable law or territory of jurisdiction or (2) are over the age of 13 but under the age of majority with the express permission and supervision of a parent or legal guardian. No person under the age of 13 may use the Service. The Service may not be used by persons in jurisdictions where access to or use of the Service or any part of it may be illegal or prohibited.

INTELLECTUAL PROPERTY
All trade-marks, logos, brands and insignia (hereinafter collectively referred to as "Trade-marks") displayed on the Service, whether or not appearing in large print or with or without the trade-mark symbols or notices, are registered and unregistered trade-marks of New Balance Canada and its related companies or entities, or of third parties. Use of the Trade-marks displayed on the Service, or any other content on the Service, except as provided herein, is strictly prohibited. Nothing contained in the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade-mark displayed on the site without the written permission of New Balance Canada or its related companies or entities or such third party that may own the Trade-marks displayed on the Service.

All content (including, without limitation, website design, text, graphics, icons, video, audiovisual works, logos, photographs, images, audio clips, software, and the selection, arrangement, and compilation thereof) of the Service is the property of New Balance Canada, or used under license by New Balance Canada, and is subject to copyright protection. New Balance Canada does not waive any of its proprietary rights to such content. Notwithstanding the foregoing, New Balance Canada is not responsible for Content (as defined below) posted, submitted, or transmitted by Visitors or Members of the Service. New Balance Canada authorizes you to display and electronically copy, download and print hard copy, for noncommercial use only, documents or pages published by New Balance on the Service, provided that with respect to any copy of these documents or pages which you make, New Balance shall retain all copyright and proprietary rights and you shall not delete, remove or modify any copyright or proprietary notices and any disclaimers, identifications or marks contained therein, whether visible or non-visible. Any other use of materials on the Service, including but not limited to the modification, reproduction, distribution, imitation, uploading, posting, transmitting, indexing, cataloguing, republication, display or transmission of the content of the Service, without prior written permission of New Balance Canada, is prohibited. The availability of any content through the Service shall under no circumstance constitute a transfer of any copyright, trade-mark, proprietary or other intellectual property rights of New Balance to any Visitor, Member, or third party. The Service and its content are protected by Canadian and international copyright laws, both as individual works and as compilations. You may not delete any copyright or similar notice from any content you obtain from the Service.

Please be advised that New Balance Canada enforces its copyright, trade-mark, and other intellectual property and proprietary rights in Canada.

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

RESTRICTIONS ON USE
Your access to and use of certain components of the Service as a Member is subject to verification of your authority to so access and use such components of the Service. You shall hold and secure any username and password that provides you access to the Service or any particular component thereof as strictly confidential, and you shall not allow any other person access to or use of such username and password. You are responsible for any and all activity related to the Service accessed or used via your account. You shall immediately notify New Balance Canada of any unauthorized use of your username and password by sending an e-mail to privacyadmin@loverunningmore.ca.

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

Use of and Membership in the Service is void where prohibited. By using the Service as a Member, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are over the age of majority in your province or territory of residence or you are under the age of majority but over 13 years of age and have the express permission and supervision of a parent or legal guardian; and (d) your use of the Service does not violate any applicable law or regulation. Your Membership may be terminated without warning, if we believe that you are under 13 years of age, or between the ages of 13 and majority in your residential jurisdiction and do not have the permission and supervision of a parent or legal guardian. (See the section on “Termination of Membership” below for other reasons why your Membership may be terminated by New Balance Canada.)

You are solely responsible for your interactions with other Members. New Balance Canada reserves the right, but has no obligation, to monitor disputes between you and other Members.

POLICY CONCERNING CLAIMS OF INFRINGEMENT
It is the policy of New Balance Canada to respond expeditiously upon receiving notice of claimed intellectual property infringement on the Service. New Balance Canada 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.

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

Privacy Officer
New Balance Canada, Inc.
9-3660 Hurontario St.
Mississauga, ON L5B 3C4

e-mail: privacyadmin@loverunningmore.ca

New Balance Canada 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 Service for any user whom New Balance Canada believes is violating any such rights of others.

SUBMISSIONS AND COMMUNICATIONS

You agree that you will not upload or transmit any remarks, suggestions, messages (including without limitation to other Members) ideas, photographs, graphics, information, data, text, files, links, software, or other materials (“Content”) that: (i) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, (ii) are patently 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 the age of majority in his/her province or territory of residence, (vii) promote information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous, (viii) promote any illegal or unauthorized copy of another person's copyrighted work, (ix) involve the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”, (x) contain restricted or password only access pages or hidden pages or images, (xi) further or promote any criminal activity or enterprise or provide instructional information about illegal activities, (xii) solicit passwords or personally identifiable information for commercial or unlawful purposes from other Visitors or Members, (xiii) involve commercial activities and/or sales without New Balance Canada’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes, or (xiv) include a photograph of another person that you have posted without that person's consent.

By submitting Content to New Balance Canada through the Service, you automatically represent and warrant that you have the right to grant, and do hereby grant, to New Balance the paid-up, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such 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 Content; and (b) use the 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 Content and the right to practice. Under no circumstances will New Balance Canada be required to treat any Content as confidential (subject to the Service's Privacy Policy). New Balance Canada will be entitled to use the Content for any purpose whatsoever (consistent with the Service's Privacy Policy) without compensation to you or any other person. For the avoidance of doubt, New Balance Canada will not be liable to you or any other person for any ideas for New Balance's business (including, without limitation, product designs or ideas) derived from the Content and will not incur any liability as a result of any similarities to the Content that may appear in any future products or services of New Balance Canada.

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

New Balance Canada shall have the right to refuse to post or transmit all or any portion of any Content. By way of example and not in limitation of anything else in these Terms and Conditions of Use, New Balance Canada shall also have the right, but not the responsibility, to remove or edit any Content (in whole or in part).

LINKS TO OTHER SITES

The Service may provide links or references to sites maintained by third parties over whom New Balance Canada has no control. Such links or references are provided as a convenience to the Visitors and Members of the Service. Similarly, the Service may be accessed from third party links over whom New Balance Canada has no control. New Balance Canada has no responsibility for and makes no representations or warranties of any kind for the content of other sites linked to the Service, or for any products or services mentioned or offered on such sites. New Balance Canada shall not be liable for any damages or injury arising from that content. Any links to other sites are provided as merely a convenience to the users of the Service and New Balance Canada makes no representations or warranties of any kind whatsoever for the content of other sites or for any products or services mentioned or offered on such sites. You access such other sites solely at your own risk. Inclusion of any third party link does not constitute an endorsement or recommendation by New Balance Canada. Third party websites may contain information about products that may or may not be available in any particular country or region of the world, may be available under different trade-marks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications, formulations and/or restrictions in different countries. You should not construe anything on the Service as a promotion or solicitation for any third party product, or for use of any New Balance Canada or third party product that is not authorized by the laws and regulations of the country in which the website user is located.

Links to the Service without the express written permission of New Balance Canada are strictly prohibited. To request permission to link to the Service, please contact the Privacy Officer New Balance Canada Privacy Officer at:

Privacy Officer
New Balance Canada, Inc.
9-3660 Hurontario St.
Mississauga, ON L5B 3C4

e-mail: privacyadmin@loverunningmore.ca.

The framing, mirroring, scraping or data-mining of the Service or any of its content in any form and by any method is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Service or to post comments, communications, or any other data of any kind to or on the Service with the intention that such postings may be viewed by other users of the Service

DISCLAIMERS OF LIABILITY AND WARRANTIES
By using the Service you hereby agree not to rely on any of the information contained herein. New Balance Canada will use reasonable efforts to include accurate and up-to-date information on the Service, but New Balance Canada makes no warranties or representations of any kind as to its accuracy, currency, or completeness. Some materials presented could include technical inaccuracies or typographical errors. New Balance Canada reserves the right to make changes or improvements to the Service at any time. You agree that access to and use of the Service and the content thereof is at your own risk. The Service and its content, including, without limitation, text, graphics, and links, are provided "as is" and without warranties of any kind, either expressed or implied. To the fullest extent permissible pursuant to applicable law, New Balance Canada disclaims all warranties, expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, freedom from computer virus and warranties arising from course of dealing or course of performance.

Under no circumstances, including, but not limited to, negligence or misconduct of any kind whatsoever, shall New Balance Canada, or any party involved in creating, producing or delivering the Service, be liable for your reliance on any such information or for any damages, including without limitation, direct, incidental, special, consequential, indirect or punitive damages, arising out of access to, use of or inability to use the Service or any website linked to the Service, or any errors or omissions in the content thereof, even if a New Balance Canada authorized representative has been advised of the possibility of such damages. These limitations include damages to, or for any viruses that infect your computer equipment. You (and not New Balance Canada) assume the entire cost of all necessary servicing, repair or correction. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. New Balance Canada does not warrant or make any representations regarding the use of or the result of the use of the materials in this site in terms of their correctness, accuracy, reliability or otherwise. The above exclusions and limitations may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties, or the exclusion or limitation of liability for consequential or incidental damages.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless New Balance Canada, its parent company, subsidiaries, divisions, and affiliaties, and each of their officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable legal fees and court costs, resulting from any violation of these terms and conditions (including, but not limited to, negligent or wrongful conduct) by you. New Balance Canada reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with New Balance Canada in asserting any available defenses.

APPLICABLE LAW
The Service is controlled by New Balance Canada from its offices within Canada. The Service and its content are intended to comply with the laws and regulations in Canada, and the information pertaining to New Balance Canada's products and services is intended for use only by residents of Canada. New Balance Canada makes no representation or warranty that the information on the Service is appropriate or available for use in other countries, and access to it from countries where its content is illegal is prohibited. Those who choose to access the Service from other countries do so on their own initiative and are solely responsible for compliance with applicable local laws. Any offer for any product or service made on the Service is void where prohibited. You may not use or export the information contained on the Service in violation of any export laws and regulations, including those of Canada. Any claim relating to the information contained on the Service shall be governed by the laws of Canada and the province of Ontario.

PRIVACY STATEMENT
New Balance Canada respects the privacy of every Visitor and Member. Please see our Privacy Policy that explains your rights and responsibilities with respect to information that is disclosed on the Service.

TERMINATION OF MEMBERSHIP
If you breach any provision of these Terms and Conditions of Use, you may no longer use the Service. New Balance Canada may terminate your membership at any time and without notice to you if, in its sole judgment, you breach any term or condition herein. Upon termination of your membership, you must destroy all materials obtained in any manner from the Service, cease all activities that are in contravention of these Terms and Conditions of Use and cease accessing for any reason the Service.

New Balance Canada may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the Service or any part of it, or your permission to use the Service, without any prior notice or liability to you or any other person. If your membership is terminated by you or New Balance Canada for any reason, then: (a) these Terms and Conditions of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Service; and (b) New Balance Canada may continue to use and disclose your personal information in accordance with the Privacy Policy as amended from time to time.

GOVERNING LAW
These Terms and Conditions of Use and your use of the Service or the information contained therein shall be governed by the laws of Canada and the Province of Ontario, without regard to its conflict of laws provisions. Any legal action or proceeding relating to these Terms and Conditions of Use and to the Service or its contents shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in the Province of Ontario, unless New Balance Canada, in its sole discretion, brings any such legal action or proceeding in a different court or venue. Further, you hereby irrevocably attorn to the exclusive jurisdiction of Ontario or such other different court or venue chosen by New Balance Canada, for any disputes related to these Terms and Conditions of Use or the Service or its contents.

MISCELLANEOUS
These Terms and Conditions of Use and the Privacy Policy, including any changes made to these Terms and Conditions of Use and/or the Privacy Policy from time to time, constitute the entire agreement between you and New Balance Canada regarding all aspects of your use of the Service, and supersedes all previous agreements, written, oral or otherwise, between you and New Balance Canada with respect to your use of the Service.

If any provision of these Terms and Conditions of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions.

The provisions of these Terms and Conditions of Use will ensure to the benefit of and be binding upon each of New Balance Canada and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives.

No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under these Terms and Conditions of Use will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

The parties have expressly requested and required that these Terms and Conditions of Use and all other related documents be written in the English language. Les parties ont expressément exigé que les présentes modalités concernant l'utilisation du site et tous les autres documents connexes soient rédigés en langue anglaise.