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15 NIKE 1 Year Limited Warranty (UNITED STATES) WHAT THIS LIMITED WARRANTY COVERS PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE INCLUDING BINDING INDIVIDUAL ARBITRATION AND A CLASS ACTION WAIVER. 1. For US customers: This Limited Warranty is provided by Nike USA, Inc. (One Bowerman Drive, Beaverton, Oregon 97005, USA) ( NIKE, we or us ). OR 2. Your Nike HyperAdapt (the product ) is warranted by NIKE to be free of defects in materials or workmanship, under normal use and foreseeable conditions of use (a covered defect ). 3. This Limited Warranty gives you specific legal rights, and is in addition to any mandatory legal rights you may have in relation to the product that may vary by state, province, or jurisdiction. Other than Sections 10, 11, 12, 21 and 26, any mandatory legal rights that you may have are not affected by this Limited Warranty. For a full description of your mandatory legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service. The disclaimers, exclusions, and limitations of liability in this Limited Warranty will not apply to you to the extent prohibited by applicable law in your jurisdiction ( applicable law ). 4. For US customers only: Some states do not allow limitation on how long an implied warranty lasts, or exclusion of all or certain types of damages, so the limitations in this Limited Warranty may not apply to you. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary by state, province or territory. 5. This Limited Warranty is limited to products purchased directly from NIKE (NIKE.COM or a NIKE-operated retail store) or an authorized NIKE retailer. See the current list of authorized NIKE retailers at nikeplus.com/support. This Limited Warranty applies only to the original purchaser and cannot be assigned or transferred to any subsequent purchaser or user. This Limited Warranty applies to products purchased in Canada, the US and UK. LIMITED WARRANTY PERIOD 6. Your product is warranted as set out in this document for a period of 90 days from the date of delivery to the original retail purchaser (the Period ). Any replacements (whether replacement product is the same model or comparable product) made by us as part of this Limited Warranty will be warranted by NIKE (pursuant to the terms of this Limited Warranty) for the longer of: (a) 90 days from the date of replacement; or (b) the remainder of the original product Limited Warranty. WHAT IS NOT COVERED BY THIS LIMITED WARRANTY 7. To the extent permitted by applicable law, this Limited Warranty will not apply where: (a) There has been non-compliance with the instructions for use; (b) The product is used in a manner for which it was not designed or intended; (c) The product is damaged as a result of abuse, accident, modification, alterations, tampering, improper care or handling, unauthorized maintenance or repairs, use with non-supported devices, or other causes which are not defects in materials or workmanship; (d) The damage consists of normal and expected wear and tear. 8. This Limited Warranty does not apply to consumable parts such as batteries, unless damage has occurred due to a defect in materials or workmanship. In addition, this Limited Warranty does not cover the cost or consequences of data loss, or recovery and reinstallation of user data. This Limited Warranty does not include any guarantee that software, firmware or online sites will function uninterrupted or error free, and NIKE disclaims any liability with regard to each of these. 9. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES/ CONDITIONS AND/OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS LIMITED WARRANTY MAY NOT APPLY. 10. EXCEPT AS STATED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIKE (I) DISCLAIMS ALL IMPLIED AND STATUTORY WARRANTIES, CONDITIONS AND REMEDIES WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES/CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS; AND (II) LIMITS THE DURATION OF ANY IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY. 11. EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, THE PRODUCT IS PROVIDED AS IS AND WITH ALL FAULTS. 12. EXCEPT AS STATED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIKE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL EXEMPLARY, OR SPECIAL DAMAGES ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT. WHAT WE WILL DO TO CORRECT PROBLEMS 13. If a covered defect in the product arises within the Period, NIKE will, at its sole discretion and subject to applicable laws: (a) replace any defective product, with a new or repaired product; or (b) refund the original retail purchase price of the product, following return of the defective product to NIKE and confirmation by NIKE that the product is defective. 14. Recovery and reinstallation of data and information are not covered under this Limited Warranty. At NIKE s discretion, any replacement product may be configured subject to applicable updates. 15. When you provide us with your defective product and we provide a replacement product or a refund, the surrendered product will become NIKE property. 16. We cannot ship replacement product or parts, or provide warranty service or support, outside the countries where NIKE or authorized NIKE retailers sell the product. HOW YOU CAN GET SERVICE 17. Before bringing a claim under this Limited Warranty, please contact NIKE Consumer Services within a country where NIKE or authorized NIKE retailers sell the product. See current contact information for NIKE Consumer Services at support. 18. For Canada and US customers only: To the extent permitted by law, you are responsible for shipping, handling and other charges to ship your product to us for inspection within 30 days of contacting NIKE Consumer Services. For UK customers only: NIKE will bear the cost for shipping, handling and other charges to ship your product to us for inspection within 30 days of contacting NIKE Consumer Services. 19. For in-person Limited Warranty support, you have the option to bring your product to a NIKE-operated retail store within a country where NIKE or authorized NIKE retailers sell the product. See the list of NIKE-operated retail stores where warranty support is available at You should retain your receipt as proof of purchase; you may be required to validate warranty eligibility. 21. Dispute resolution and arbitration: BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER FOR US CUSTOMERS ONLY TO THE EXTENT PERMITTED BY LAW: With respect to any claim, controversy, dispute, action, cause of action, issue, or request for relief including but not limited to warranty, contract, tort and statutory claims arising out of, connected with or relating to this Limited Warranty, including any question regarding its existence, validity, or termination, as well as any issue regarding the interpretation of this Section 21(a Dispute ), you and NIKE hereby agree as follows: (a) YOU AND NIKE ARE AGREEING TO GIVE UP ANY RIGHT TO LITIGATE A DISPUTE IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A DISPUTE AND INSTEAD AGREE TO BINDING ARBITRATION AS SET FORTH BELOW. OTHER RIGHTS THAT YOU MAY HAVE IF IN COURT MAY ALSO BE UNAVAILABLE OR LIMITED

16 IN ARBITRATION, FOR EXAMPLE DISCOVERY. (b) You and NIKE agree to arbitration on an individual basis. In any Dispute, NEITHER YOU NOR NIKE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST A THIRD PARTY (WHETHER A CUSTOMER OR NOT), OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. (c) You must first present any Dispute to NIKE by contacting NIKE at nikeplus.com/support to allow us an opportunity to resolve the dispute. You may request arbitration if your Dispute is not resolved within 30 days after presenting the claim or dispute to NIKE. NIKE may request arbitration against you at any time after it has notified you of a Dispute. The arbitration of any dispute or claim shall be administered by the American Arbitration Association ( AAA ). If the amount of the Dispute is less than $75,000, the AAA s then current Consumer Arbitration Rules and Consumer Due Process Protocol (together, the AAA Consumer Rules ) shall apply. If the amount of the Dispute is more than $75,000, the AAA s Commercial Arbitration Rules (the AAA Commercial Rules ) shall apply (the AAA Commercial Rules and the AAA Consumer Rules together, the AAA Rules ). In case of any divergence between the AAA Rules and this Limited Warranty, this Limited Warranty shall prevail. Information about the AAA Rules and how to file an arbitration can be obtained from the AAA at (toll free) or (d) The juridical seat of any arbitration will be New York, New York, USA, and the arbitration will be conducted in the English language. Claims will be heard by a single arbitrator, appointed by the AAA. If the AAA Consumer Rules apply, any hearing shall be conducted at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the Dispute is for $10,000 or less, NIKE agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Consumer Rules. If the AAA Commercial Rules apply, any hearing shall take place anywhere deemed appropriate by the arbitrator. (e) The arbitrator shall apply the law specified in Section 27 of this Limited Warranty. He or she can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief), and must follow the terms of this Limited Warranty as a court would. Except for any relief required by statute, the arbitrator may not award relief in excess of or contrary to what this Limited Warranty provides, order consolidation or arbitration on a class wide or representative basis, or award indirect, incidental, exemplary, special, punitive or consequential damages, or any other damages aside from the prevailing party s direct damages. Each party retains the right, consistent with this Limited Warranty, to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral injunctions, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. (f) Any arbitration shall be confidential. Neither you, NIKE, the AAA, nor the arbitrator may disclose the existence, content (including any oral or written submissions) and results of any arbitration, except as may be required by law or for purposes of enforcement or challenge of the arbitration award. (g) Judgment on any arbitration award may be entered in any court having proper jurisdiction. You and NIKE agree that arbitration is final and binding and subject to only very limited review by a court. You and NIKE waive the right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. (h) NIKE will pay all AAA filing, administration and arbitration fees for any arbitration pursued in accordance with the notice requirements in Section 21(c). Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing. (i) This Section 21 is governed by the US Federal Arbitration Act, 9 U.S.C. 1 et seq. It is intended to be interpreted broadly to encompass any Dispute (including Disputes involving third parties whenever claims are asserted against NIKE in the same proceeding), except for matters that may be taken to small claims court. If a Dispute is within the jurisdiction of a small claims court, either you or NIKE may choose to take the claim to that court instead of arbitration in accordance with the applicable AAA Rules. If such a case is later transferred, removed or appealed to a different court, you or NIKE may then choose to arbitrate and the Dispute will be arbitrated in accordance with this Section 21. (j) You may opt out of this dispute resolution procedure by providing notice to NIKE by contacting NIKE Consumer Services no later than 30 calendar days from the date of the original purchaser s purchase of the product. Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the benefits of the Limited Warranty. In the event that you provide timely notice to NIKE that you wish to opt out of this dispute resolution procedure then the courts of Oregon shall have exclusive jurisdiction to hear and determine any Dispute. In the alternative, you may within the 30 calendar days return the product at NIKE s expense against a full refund. (k) If for any reason a Dispute proceeds in court, rather than in arbitration, you and NIKE each waive any right to a jury trial and agree that any such proceeding shall be conducted only on an individual basis and not in a class, consolidated or representative action. If any portion of this Section 21 is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect. FOR CANADA CUSTOMERS: If the foregoing dispute resolution and arbitration section is not binding upon you under the applicable law of your jurisdiction, and the Dispute is within the jurisdiction of a small claims court, you may choose to take your claim to that court. If the Dispute exceeds the jurisdiction of a small claims court, you agree to submit to the jurisdiction of the courts located within Ontario, Canada for the purpose of litigating all claims, disputes, actions or causes of action, issues or requests for relief arising out of or relating to this Limited Warranty, which courts shall have exclusive jurisdiction over all such claims, disputes, actions or causes of action, issues or requests for relief. FOR UK CUSTOMERS: The provisions in this Section 21 do not apply to you. PRIVACY 22. Your information related to this Limited Warranty will be handled according to the Nike.com Privacy Policy (available at OTHER PROVISIONS 23. No other person or company is authorized to change this Limited Warranty and an authorized NIKE retailer is solely responsible for any other additional warranties such authorized NIKE retailer may provide directly to you. 24. Nothing in this Limited Warranty operates to exclude or limit any legal liability of NIKE in the event of death of a consumer or personal injury to the latter resulting from any act or omission by NIKE. 25. If any provision (or part thereof) of this Limited Warranty is unlawful, void, or unenforceable, that provision (or part thereof) is deemed severable from this Limited Warranty and does not affect the validity and enforceability of any remaining provisions (or part thereof). 26. Other than the mandatory legal rights you may have in relation to the product, all warranties, conditions and other terms not set out in this document are excluded from the Limited Warranty. NIKE does not make any other promises, conditions or warranties other than set out in this Limited Warranty. 27. For Canada and US customers only: To the extent permitted by law, this Limited Warranty is governed by and shall be construed in accordance with the laws of the State of Oregon, USA, without regard to conflicts of law principles. For UK customers only: This Limited Warranty and any dispute or claim arising out of or in connection with it is governed by and

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