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NHL SHOP TERMS OF SERVICE
--------------------------------------------------------------------------------
NHL AND SHOP TERMS OF SERVICE LAST UPDATED AND EFFECTIVE DATE - OCTOBER 2, 2017
NHL TERMS OF SERVICE
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 12), DISCLAIMERS OF
LIABILITY AND AN EXCLUSIVE REMEDY (SECTION 13), AND A BINDING ARBITRATION CLAUSE
AND CLASS ACTION WAIVER (SECTION 18). PLEASE READ THEM CAREFULLY. 1. THIS IS A
LEGAL AGREEMENT THESE TERMS OF SERVICE (THE "TERMS") ARE A LEGAL AGREEMENT
BETWEEN YOU AND NHL INTERACTIVE CYBERENTERPRISES, LLC AND ITS AFFILIATES,
INCLUDING NHL ENTERPRISES, L.P., NHL ENTERPRISES CANADA, L.P., NHL ENTERPRISES
B.V., AND THE NATIONAL HOCKEY LEAGUE ("NHL", "WE" OR "US") GOVERNING YOUR ACCESS
TO AND USE OF THE WEBSITES AND ONLINE SERVICES THAT DISPLAY OR PROVIDE AN
AUTHORIZED LINK TO THESE TERMS (COLLECTIVELY, THE "SERVICES"). THE SERVICES
INCLUDE, WITHOUT LIMITATION, NHL.COM, THE NHL APP, AND NHL.TV (FORMERLY KNOWN AS
NHL GAMECENTER LIVE AND ALSO REFERRED TO AS ROGERS NHL GAMECENTRE LIVE,
(COLLECTIVELY, "NHL.TV").
MLB ADVANCED MEDIA, L.P. AND/OR A SUCCESSOR OR PERMITTED ASSIGN OF MLB ADVANCED
MEDIA, L.P. ("MLBAM") MAY OPERATE PORTIONS OF THE SERVICES AND YOU AGREE THAT
MLBAM, ITS SUCCESSORS AND PERMITTED ASSIGNS, AND ITS AFFILIATES ARE THIRD-PARTY
BENEFICIARIES OF THESE TERMS AND WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE
ACCEPTED THE RIGHT) TO ENFORCE THESE TERMS AGAINST YOU AS THIRD-PARTY
BENEFICIARIES HEREOF.
PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICES. YOU MAY WISH TO PRINT
A COPY OF THESE TERMS OR SAVE THEM TO YOUR DEVICE FOR FUTURE REFERENCE. YOUR USE
OF THE SERVICES INDICATES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THE
TERMS. DO NOT USE THE SERVICES IF YOU DO NOT ACCEPT THE TERMS. WE MAY MODIFY THE
SERVICES OR THE TERMS AT ANY TIME, FOR EXAMPLE TO REFLECT CHANGES IN LAWS OR
REGULATORY REQUIREMENTS. TO THE EXTENT PERMITTED BY LAW, ANY USE OF THE SERVICES
BY YOU AFTER WE POST MODIFICATIONS TO THE TERMS CONSTITUTES YOUR ACCEPTANCE OF
THOSE MODIFICATIONS. 2. PROHIBITED CONTENT AND ACTIVITIES YOU MAY NOT ACCESS OR
USE, OR ATTEMPT TO ACCESS OR USE, THE SERVICES TO TAKE ANY ACTION THAT COULD
HARM US OR ANY OTHER PERSON OR ENTITY (EACH A "PERSON"), INTERFERE WITH THE
OPERATION OF THE SERVICES, OR USE THE SERVICES IN A MANNER THAT VIOLATES ANY
LAWS. FOR EXAMPLE, YOU MAY NOT: O IMPERSONATE ANY PERSON OR FALSELY STATE OR
OTHERWISE MISREPRESENT YOUR CREDENTIALS, AFFILIATION WITH ANY PERSON, OR THE
ORIGIN OF ANY INFORMATION YOU PROVIDE;
O ENGAGE IN UNAUTHORIZED SPIDERING, SCRAPING, OR HARVESTING OF CONTENT OR
INFORMATION, OR USE ANY OTHER UNAUTHORIZED AUTOMATED MEANS TO COMPILE
INFORMATION;
O SOLICIT, COLLECT, TRANSMIT, STORE, OR OTHERWISE MAKE AVAILABLE PRIVATE
INFORMATION OF ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, TELEPHONE NUMBERS,
ADDRESSES, LAST NAMES, EMAIL ADDRESSES, SOCIAL SECURITY NUMBERS, OR CREDIT OR
DEBIT CARD NUMBERS; O OBTAIN OR ATTEMPT TO GAIN UNAUTHORIZED ACCESS TO OTHER
COMPUTER SYSTEMS, MATERIALS, INFORMATION, OR ANY SERVICES AVAILABLE ON OR
THROUGH THE SERVICES;
O USE ANY DEVICE, SOFTWARE, OR ROUTINE TO INTERFERE OR ATTEMPT TO INTERFERE WITH
THE PROPER WORKING OF THE SERVICES OR ANY ACTIVITY CONDUCTED ON THE SERVICES OR
ATTEMPT TO PROBE, SCAN, TEST THE VULNERABILITY OF, OR BREACH THE SECURITY OF ANY
SYSTEM, DEVICE, OR NETWORK;
O CIRCUMVENT, REVERSE ENGINEER, DECIPHER, DECOMPILE, DISASSEMBLE, DECRYPT, OR
OTHERWISE ALTER OR INTERFERE WITH (OR ATTEMPT, ENCOURAGE, OR SUPPORT ANYONE
ELSE'S ATTEMPT TO ENGAGE IN SUCH ACTIVITIES) ANY OF THE SOFTWARE COMPRISING OR
IN ANY WAY MAKING UP A PART OF THE SERVICES. THE USE OR DISTRIBUTION OF TOOLS
DESIGNED FOR COMPROMISING SECURITY (E.G., PASSWORD GUESSING PROGRAMS, CRACKING
TOOLS, OR NETWORK PROBING TOOLS) IS STRICTLY PROHIBITED;
O USE OR ATTEMPT TO USE ANOTHER'S INFORMATION, ACCOUNT, PASSWORD, SERVICE, OR
SYSTEM EXCEPT AS EXPRESSLY PERMITTED;
O TAKE ANY ACTION THAT IMPOSES AN UNREASONABLE OR DISPROPORTIONATELY LARGE LOAD
ON OUR NETWORK OR INFRASTRUCTURE;
O UPLOAD OR OTHERWISE TRANSMIT ANY COMMUNICATION, SOFTWARE, OR MATERIAL THAT
CONTAINS A VIRUS OR IS OTHERWISE HARMFUL TO OUR OR OUR USERS' COMPUTERS,
DEVICES, OR SYSTEMS; OR
O ENGAGE IN ANY OTHER CONDUCT THAT RESTRICTS OR INHIBITS ANY PERSON FROM USING
OR ENJOYING THE SERVICES, OR THAT, IN OUR SOLE JUDGMENT, EXPOSES US, USERS, OR
ANY OTHER THIRD PARTY TO ANY LIABILITY, DAMAGES, OR DETRIMENT OF ANY TYPE.
VIOLATIONS OF SYSTEM OR NETWORK SECURITY AND CERTAIN OTHER CONDUCT MAY RESULT IN
CIVIL OR CRIMINAL LIABILITY. WE MAY INVESTIGATE AND WORK WITH LAW ENFORCEMENT
AUTHORITIES TO PROSECUTE USERS WHO VIOLATE THE TERMS. WE MAY SUSPEND OR
TERMINATE YOUR ACCESS TO THE SERVICES FOR ANY OR NO REASON AT ANY TIME WITHOUT
NOTICE.
3. USER SUBMISSIONS
CERTAIN AREAS OF THE SERVICES MAY ENABLE YOU TO POST COMMENTS, SEND EMAILS, OR
OTHERWISE POST, PUBLISH, SUBMIT, TRANSMIT, UPLOAD, SEND, OR OTHERWISE PROVIDE
("PROVIDE") INFORMATION TO US OR OTHER PERSONS. YOU REMAIN FULLY RESPONSIBLE FOR
THE CONTENT AND OTHER MATERIALS THAT YOU PROVIDE TO US OR OTHERS IN CONNECTION
WITH THE SERVICES, INCLUDING WITHOUT LIMITATION INFORMATION, AUDIO RECORDINGS,
VIDEOS, PHOTOGRAPHS, DOCUMENTS, OR OTHER MATERIALS ("USER CONTENT"). YOU AGREE
NOT TO PROVIDE USER CONTENT THAT:
* INFRINGES ON, MISAPPROPRIATES, OR OTHERWISE VIOLATES THE COPYRIGHT,
TRADEMARK, PATENT, OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY PERSON;
* IS FALSE, MISLEADING, LIBELOUS, SLANDEROUS, DEFAMATORY, OBSCENE, ABUSIVE,
HATEFUL, THREATENING, HARASSING, OR SEXUALLY-EXPLICIT;
* VIOLATES A PERSON'S RIGHT TO PRIVACY OR PUBLICITY;
* CONTAINS ADVERTISING OR A SOLICITATION OF ANY KIND;
* EXPLOITS, HARMS, PERSONALLY ATTACKS (PERSONAL ATTACKS INCLUDE, BUT ARE NOT
LIMITED TO, DEFAMATORY, SEXUAL AND/OR SEXUALLY IMPLICIT REMARKS) OR
IMPERSONATES ANY PERSON OR ENTITY, INCLUDING AN NHL REPRESENTATIVE, AN NHL
MEMBER CLUB REPRESENTATIVE, A CURRENT OR FORMER NHL MEMBER CLUB PLAYER, OR
FALSELY STATES OR OTHERWISE MISREPRESENTS AN AFFILIATION WITH A PERSON OR
ENTITY;
* DEGRADES OTHERS ON THE BASIS OF GENDER, RACE, CLASS, ETHNICITY, NATIONAL
ORIGIN, RELIGION, SEXUAL PREFERENCE, ORIENTATION OR IDENTITY, DISABILITY, OR
OTHER CLASSIFICATION;
* TRANSMITS, STORES, OR OTHERWISE MAKES AVAILABLE A VIRUS, TROJAN HORSE, WORM,
TIME BOMB, SPYWARE, BOT, OR OTHER HARMFUL OR DELETERIOUS PROGRAMMING ROUTINE;
* TRANSMITS, STORES, OR OTHERWISE MAKES AVAILABLE MATERIAL WHICH CONTAINS ANY
MATERIAL OF A COMMERCIAL NATURE, INCLUDING BUT NOT LIMITED TO ADVERTISING,
PROMOTIONS, "JUNK MAIL," "SPAM," "PYRAMID SCHEMES," "CHAIN LETTERS," OR
SOLICITATION OF ANY KIND;
* TRANSMITS, STORES, OR OTHERWISE MAKES AVAILABLE MATERIAL WHICH IS IRRELEVANT
TO THE SUBJECT MATTER OF THE SERVICES;
* CONTAINS EPITHETS OR OTHER LANGUAGE OR MATERIAL INTENDED TO INTIMIDATE OR TO
INCITE VIOLENCE; OR
* VIOLATES ANY APPLICABLE LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, OR
ADVOCATES ILLEGAL ACTIVITY.
WE ALSO, TO THE EXTENT PERMITTED OR REQUIRED BY LAW, HAVE THE RIGHT TO DISCLOSE
YOUR IDENTITY TO ANY THIRD PARTY WHO IS CLAIMING THAT ANY USER CONTENT YOU
PROVIDE US OR OTHERS IN CONNECTION WITH THE SERVICES CONSTITUTES A VIOLATION OF
THE THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS, OF THE THIRD PARTY'S RIGHT TO
PRIVACY, OR OF ANY OTHER APPLICABLE LOCAL, STATE, PROVINCIAL, FEDERAL, NATIONAL
OR INTERNATIONAL LAW.
THE SERVICES MAY ALSO OFFER OPPORTUNITIES FOR YOU TO TRANSMIT USER CONTENT VIA
THIRD PARTY SOCIAL NETWORKING WEBSITES AND PRODUCTS ("THIRD PARTY SOCIAL
NETWORKING FEATURES"). ANY USE OF THIRD PARTY SOCIAL NETWORKING FEATURES IS
SUBJECT TO THE THEN CURRENT TERMS OF USE OF THE APPLICABLE THIRD PARTY WEBSITE
OR PRODUCT AND NOT THESE TERMS, UNLESS YOU ARE NOTIFIED OTHERWISE, IN WHICH CASE
THE TERMS AND CONDITIONS SET FORTH IN SUCH NOTIFICATION WILL APPLY.
IF THE SERVICES PERMIT YOU TO PROVIDE US USER CONTENT, YOU MAY ONLY PROVIDE USER
CONTENT THAT IS ORIGINAL AND THAT YOU HAVE THE RIGHT TO PROVIDE. BY PROVIDING US
USER CONTENT, YOU GRANT US A ROYALTY-FREE, IRREVOCABLE, PERPETUAL,
NON-EXCLUSIVE, WORLDWIDE, FULLY SUB-LICENSABLE, TRANSFERABLE, LICENSE TO
PUBLISH, REPRODUCE, DISTRIBUTE, TRANSMIT, DISPLAY, PERFORM, EDIT, ADAPT, MODIFY,
TRANSLATE, CREATE DERIVATIVE WORKS OF, SELL, OFFER FOR SALE, EXPORT, AND
OTHERWISE USE AND EXPLOIT YOUR USER CONTENT (OR ANY PORTION THEREOF) IN ANY WAY
THAT WE WANT AND IN ANY FORM, MEDIA, OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED.
YOU HEREBY WAIVE ANY MORAL RIGHTS YOU MAY HAVE IN YOUR USER CONTENT TO THE
EXTENT PERMITTED BY APPLICABLE LAW. YOU REPRESENT THAT YOU HAVE OBTAINED ALL
NECESSARY PERMISSIONS FROM ANY PERSON OR ENTITY IDENTIFIED IN OR IMPLICATED BY
YOUR SUBMISSION (INCLUDING THOSE SHOWN IN PHOTOGRAPHIC OR VIDEO CONTENT), AND,
IN THE CASE OF MINORS, ALSO FROM THEIR PARENTS OR LEGAL GUARDIANS, AS
APPROPRIATE.
BY PROVIDING YOUR USER CONTENT TO US, YOU AGREE TO THESE TERMS. IF YOU DO NOT
WANT TO GRANT US PERMISSION TO USE YOUR USER CONTENT IN ACCORDANCE WITH THESE
TERMS, PLEASE DO NOT PROVIDE IT TO US ON OUR SERVICES.
WE ARE NOT OBLIGATED TO PUBLISH OR USE YOUR USER CONTENT. THE POSTING OR
PUBLISHING OF ANY USER CONTENT OR NHL CONTENT (AS DEFINED IN SECTION 7) IS NOT
IN ANY WAY INTENDED TO STATE, SUGGEST, OR IMPLY ENDORSEMENT BY THE NHL,
INCLUDING AS TO THE TRUTH, VALIDITY, OR RELIABILITY OF THE USER CONTENT OR NHL
CONTENT. THE NHL IS NOT RESPONSIBLE FOR ANY USER CONTENT OR NHL CONTENT AND HAS
NO DUTY TO MONITOR THE USER CONTENT OR NHL CONTENT POSTED ON THE SERVICES. YOU
USE ANY INFORMATION CONTAINED IN USER CONTENT OR NHL CONTENT AT YOUR OWN RISK.
THE NHL AND ITS DESIGNEES HAVE THE RIGHT, BUT NOT THE OBLIGATION, IN THEIR SOLE
DISCRETION, TO MONITOR, REVIEW, EDIT, REMOVE, DELETE, DISABLE, REFUSE, RESTRICT,
OR TERMINATE ACCESS TO YOUR USER CONTENT OR THE SERVICES (IN WHOLE OR IN PART)
AT ANY TIME, WITHOUT PRIOR NOTICE AND IN OUR SOLE DISCRETION, FOR ANY OR NO
REASON. THE OBLIGATIONS THAT YOU HAVE TO US UNDER THESE TERMS SHALL SURVIVE
TERMINATION OF THE SERVICES, ANY USE BY YOU OF THE SERVICES, ANY USER CONTENT ON
THE SERVICES, OR THESE TERMS. YOU SHALL NOT CONTINUE TO POST ANY USER CONTENT
THAT WE HAVE PREVIOUSLY ADVISED YOU NOT TO POST.
YOU ACKNOWLEDGE THAT BY SUBMITTING YOUR USER CONTENT, NO CONFIDENTIAL,
FIDUCIARY, CONTRACTUALLY IMPLIED, OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU
AND NHL OR BETWEEN YOU AND ANY OF NHL'S THIRD PARTY PROVIDERS OTHER THAN AS
EXPRESSLY SET FORTH IN THESE TERMS. YOU ACKNOWLEDGE THAT NHL IS NOT RESPONSIBLE
FOR, AND CANNOT AND DOES NOT GUARANTEE, THE ACCURACY, COMPLETENESS, OR
RELIABILITY OF INFORMATION IN ANY USER CONTENT. YOU ARE SOLELY RESPONSIBLE FOR
YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU MAY USE VARIOUS FEATURES
(E.G., THE "FLAG" WITHIN COMMENTS SECTIONS) TO REPORT VIOLATORS WITHIN THE USER
CONTENT. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES
BETWEEN YOU AND OTHER USERS.
IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT PROVIDE ANY USER CONTENT TO US. IF
YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE BUT AT LEAST
13 YEARS OF AGE, SUBJECT TO ANY APPLICABLE SWEEPSTAKES, CONTEST, OR OTHER
SUPPLEMENTAL TERMS, YOU MAY PROVIDE USER CONTENT BUT ONLY WITH THE PERMISSION
OF, AND UNDER THE SUPERVISION OF, A PARENT OR LEGAL GUARDIAN WHERE SUCH CONSENT
IS A REQUIREMENT IN THE JURISDICTION OF YOUR RESIDENCE. IF YOU ARE A PARENT OR
LEGAL GUARDIAN AGREEING TO THESE TERMS FOR THE BENEFIT OF AN INDIVIDUAL BETWEEN
THE AGES OF 13 AND THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, PLEASE
BE ADVISED THAT YOU ARE FULLY RESPONSIBLE FOR HIS OR HER USER CONTENT AND ANY
LEGAL LIABILITY THAT HE OR SHE MAY INCUR. 4. SUBSCRIPTION SERVICES
* SUBSCRIPTION SERVICES. CERTAIN SERVICES, SUCH AS NHL.TV, MAY BE AVAILABLE
ONLY THROUGH CREATION OF A SUBSCRIPTION ACCOUNT AND PAYMENT OF A FEE
("SUBSCRIPTION SERVICES"). THROUGH SUCH SUBSCRIPTION SERVICES ACCOUNTS, YOU
WILL HAVE ACCESS TO THE SUBSCRIPTION SERVICES FOR A FIXED TERM, WHICH MAY
RENEW AUTOMATICALLY AS DESCRIBED IN THESE TERMS. PLEASE NOTE THAT FOR
CANADIAN USERS WHO SUBSCRIBE TO ROGERS NHL GAMECENTRE LIVE OR NHL.TV THROUGH
ROGERS MEDIA, INC. ("ROGERS"), THE BILLING AND PAYMENT TERMS IN THE
APPLICABLE ROGERS TERMS OF SERVICE WILL APPLY FOR THESE CANADIAN USERS AND
NOT THE BILLING AND PAYMENT POLICIES OF THE NHL IN CONNECTION WITH THIS
SERVICE. FOR ALL NON-CANADIAN USERS WHO SUBSCRIBE TO NHL.TV, THE BILLING AND
PAYMENT POLICIES OF NHL WILL APPLY.
* ACCESS RESTRICTIONS. YOU ARE NOT AUTHORIZED TO ACCESS ANY SUBSCRIPTION
SERVICES UNLESS YOU (I) HAVE OPENED A SUBSCRIPTION ACCOUNT WITH THE NHL (OR,
IN CANADA, WITH ROGERS), AND PAID THE APPROPRIATE FEE; (II) HAVE RECEIVED
ACCESS CREDENTIALS (INCLUDING A USERNAME AND PASSWORD), AND (III) ARE USING
THOSE ACCESS CREDENTIALS. YOU MAY NOT ASSIST ANYONE ELSE IN ACCESSING
SUBSCRIPTION SERVICES ON AN UNAUTHORIZED BASIS, INCLUDING BY SHARING,
SELLING, PUBLICLY OFFERING, OR OFFERING TO SELL YOUR ACCESS CREDENTIALS OR
PROVIDING ANY CONTENT OR OTHER MATERIALS THAT YOU OBTAINED THROUGH
SUBSCRIPTION SERVICES TO THIRD PARTIES OR OTHERWISE IN VIOLATION OF THESE
TERMS. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCESS
CREDENTIALS AND IF YOU KNOW OR SUSPECT THAT ANYONE OTHER THAN YOU KNOWS YOUR
ACCESS CREDENTIALS, YOU MUST PROMPTLY NOTIFY US. YOU ARE ALSO RESPONSIBLE FOR
ALL USAGE OR ACTIVITY ON YOUR SUBSCRIPTION SERVICES ACCOUNTS, INCLUDING THE
USE OF SUBSCRIPTION SERVICES BY ANY THIRD PARTY AUTHORIZED BY YOU TO USE YOUR
ACCESS CREDENTIALS. SUCH RESPONSIBILITY EXPRESSLY INCLUDES ANY PURCHASES MADE
OR OTHER CHARGES INCURRED ON YOUR CREDIT OR DEBIT CARD IN CONNECTION WITH
YOUR USE (OR AN AUTHORIZED THIRD PARTY'S USE) OF THE SUBSCRIPTION SERVICES.
IN THE EVENT OF ANY FRAUDULENT, ABUSIVE, OR OTHERWISE ILLEGAL ACTIVITY ON
YOUR SUBSCRIPTION SERVICES ACCOUNTS, WE MAY, IN OUR SOLE DISCRETION,
TERMINATE THOSE ACCOUNTS AND REFER YOU TO APPROPRIATE LAW ENFORCEMENT
AGENCIES. YOU MAY BE RESPONSIBLE FOR DAMAGES FROM ANY SUCH FRAUDULENT,
ABUSIVE, OR OTHERWISE ILLEGAL ACTIVITY.
* DEVICES AND MINIMUM SYSTEM REQUIREMENTS. SOME SUBSCRIPTION SERVICES, SUCH AS
NHL.TV AND OTHER VIDEO SERVICES, ARE ACCESSIBLE ONLY USING CERTAIN DEVICES
THAT MEET CERTAIN MINIMUM SYSTEM REQUIREMENTS. YOU SHOULD INVESTIGATE
SUBSCRIPTION SERVICES BEFORE YOU PAY FOR ACCESS TO THEM TO ENSURE THAT THEY
WILL BE COMPATIBLE WITH YOUR DEVICE, BECAUSE WE WILL NOT REFUND ANY FEES YOU
PAID IF THE SUBSCRIPTION SERVICES TO WHICH YOU SUBSCRIBE ARE NOT COMPATIBLE.
FOR SOME DEVICES, THE PAYMENT FOR SUBSCRIPTION SERVICES MAY BE PROCESSED BY
THE DEVICE PROVIDER. THOSE PAYMENTS WILL BE GOVERNED BY THE DEVICE PROVIDER'S
TERMS, INCLUDING ITS CANCELLATION AND REFUND POLICY. OTHER RESTRICTIONS,
INCLUDING RESTRICTIONS ON THE AVAILABILITY OF THE DEVICES OR THE SUBSCRIPTION
SERVICES IN CERTAIN COUNTRIES, MAY APPLY. CLICK HERE FOR MORE INFORMATION ON
DEVICES -- HTTP://NHL.COM/DEVICES.
* SUSPENSION OR TERMINATION. TO THE EXTENT PERMITTED BY LAW, WE MAY SUSPEND OR
TERMINATE YOUR ACCESS TO SUBSCRIPTION SERVICES AT ANY TIME WITHOUT NOTICE TO
YOU. IF WE DO SO, YOU WILL NOT BE RESPONSIBLE FOR FEES ASSOCIATED WITH THE
SUBSCRIPTION SERVICES DURING THE SUSPENSION OR AFTER THE TERMINATION BECOMES
EFFECTIVE, BUT YOU WILL NOT HAVE ANY OTHER REMEDIES AGAINST US, AND WE WILL
NOT ISSUE ANY REFUNDS. IF YOU HAVE BREACHED OR VIOLATED ANY OBLIGATION UNDER
THESE TERMS, YOU WILL NOT BE ENTITLED TO ANY REMEDY.
* BILLING AND PAYMENT.
* * PLEASE NOTE THAT THIS SUBSECTION DOES NOT APPLY TO CANADIAN USERS WHO
SUBSCRIBE TO NHL.TV OR ROGERS NHL GAMECENTRE LIVE THROUGH ROGERS. THESE
USERS WILL BE SUBJECT TO ROGERS' BILLING AND PAYMENT POLICIES.
* AGE AND BILLING AUTHORIZATION. BY SUBSCRIBING TO A SUBSCRIPTION SERVICE,
YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE, THAT ALL INFORMATION YOU
SUBMIT IS TRUE AND CORRECT (INCLUDING ALL CREDIT OR DEBIT CARD
INFORMATION), AND THAT YOU ARE THE AUTHORIZED HOLDER OF THE CREDIT OR DEBIT
CARD.
* FEES. YOU AGREE TO PAY ALL SUBSCRIPTION FEES AND OTHER CHARGES TO YOUR
SUBSCRIPTION SERVICES ACCOUNTS, INCLUDING ANY APPLICABLE TAXES (INCLUDING
ANY APPLICABLE SALES OR VALUE ADDED TAX). THE NHL (OR, WHERE APPLICABLE,
YOUR DEVICE PROVIDER) RESERVES THE RIGHT TO CHANGE THE AMOUNT OF, OR THE
BASIS FOR DETERMINING, ANY SUBSCRIPTION FEES OR OTHER CHARGES FOR THE
SUBSCRIPTION SERVICES AND TO INSTITUTE NEW SUBSCRIPTION FEES OR OTHER
CHARGES EFFECTIVE UPON PRIOR NOTICE TO YOU.
* SALES TAX. FOR CERTAIN PURCHASES MADE VIA THE SERVICES, NHL IS REQUIRED TO
COLLECT SALES TAX (INCLUDING ANY APPLICABLE SALES OR VALUE ADDED TAX). IN
JURISDICTIONS THAT IMPOSE SALES OR USE TAX, A PURCHASE IS SUBJECT TO TAX
UNLESS SPECIFICALLY EXEMPT. PURCHASES FROM THE SERVICES ARE NOT EXEMPT FROM
SALES OR USE TAXES SIMPLY BECAUSE THEY ARE MADE FROM THE INTERNET OR
BECAUSE NHL IS NOT REQUIRED TO COLLECT SALES OR USE TAX BY ANY PARTICULAR
JURISDICTION. WHETHER ANY SALES TAX WILL BE COLLECTED ON A GIVEN PURCHASE
AND THE AMOUNT OF TAX CHARGED DEPENDS ON A NUMBER OF FACTORS INCLUDING BUT
NOT LIMITED TO WHETHER THE SELLER IS PRESENT IN A GIVEN JURISDICTION. THE
PURCHASER IS RESPONSIBLE FOR ANY APPLICABLE TAXES NOT COLLECTED BY NHL AND
CERTAIN JURISDICTIONS REQUIRE PURCHASERS TO FILE A SALES/USE TAX RETURN
REPORTING TAXABLE PURCHASES FOR WHICH TAX WAS NOT COLLECTED BY NHL AND TO
PAY SUCH TAX. FOR DETAILS, SEE THE WEBSITE OF, OR OTHERWISE CONTACT, THE
APPLICABLE TAXING AUTHORITY. IF ANY SALES TAX WILL BE COLLECTED BY NHL IN
CONNECTION WITH A PURCHASE, THAT AMOUNT WILL BE SHOWN EITHER PRIOR TO THE
COMPLETION OF ANY PURCHASE OR REFLECTED IN THE FINAL CONFIRMATION OF THAT
PURCHASE..
FOR OKLAHOMA PURCHASERS, APPLICABLE USE TAX ON PURCHASES MADE VIA THE
SERVICES MAY BE REPORTED AND PAID ON AN OKLAHOMA INDIVIDUAL INCOME TAX
RETURN, CURRENTLY FORM 511 OR BY FILING A CONSUMER USE TAX RETURN,
CURRENTLY FORM 21-1. THE REFERENCED FORMS AND CORRESPONDING INSTRUCTIONS
ARE AVAILABLE ON THE OKLAHOMA TAX COMMISSION WEBSITE.
FOR SOUTH DAKOTA PURCHASERS, ANY APPLICABLE SALES OR USE TAXES ON PURCHASES
MADE VIA THE SERVICES MAY BE REPORTED AND PAID ON A SOUTH DAKOTA USE TAX
FORM, CURRENTLY FORM 1350, AVAILABLE WITH CORRESPONDING INSTRUCTIONS ON THE
SOUTH DAKOTA DEPARTMENT OF REVENUE WEBSITE.
* AUTOMATIC RENEWAL.
* MONTHLY SUBSCRIPTION SERVICES. FOR SUBSCRIPTION SERVICES BILLED ON A
MONTHLY BASIS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW MONTHLY DURING
THE CURRENT NHL SEASON THROUGH AND INCLUDING JUNE AND ANNUALLY AT THE
START OF THE SUBSEQUENT NHL SEASON (APPROXIMATELY OCTOBER 1) AT THE
PREVIOUS NHL SEASON'S REGULAR FULL MONTHLY PRICE, UNLESS YOU CANCEL YOUR
SUBSCRIPTION SERVICE PRIOR TO THE BEGINNING OF THE NEXT APPLICABLE
BILLING (AND RENEWAL) PERIOD. THE PRIMARY CREDIT OR DEBIT CARD YOU HAVE
STORED IN THE MY ACCOUNT SECTION OF SUBSCRIBE.NHL.COM WILL BE CHARGED ON
OR ABOUT THE SAME DATE EACH MONTH OF YOUR SUBSCRIPTION DURING ANY NHL
SEASON AND EACH SUBSEQUENT YEAR AS SET FORTH ABOVE. IF WE ARE UNABLE TO
PROCESS THESE CHARGES TO YOUR PRIMARY CREDIT OR DEBIT CARD, AN
ALTERNATIVE CARD STORED IN THE MY ACCOUNT SECTION OF SUBSCRIBE.NHL.COM
MAY BE CHARGED. IF YOU WISH TO CANCEL A SUBSCRIPTION SERVICE, YOU HAVE
TWO OPTIONS: (I) YOU MAY CANCEL YOUR MONTHLY SUBSCRIPTION IN ITS
ENTIRETY (INCLUDING THE ANNUAL AUTOMATIC RENEWAL OF THE SUBSCRIPTION
SERVICE IN SUBSEQUENT YEARS) OR (II) YOU MAY CANCEL YOUR MONTHLY
SUBSCRIPTION FOR THE APPLICABLE NHL SEASON, BUT ELECT TO ANNUALLY
AUTOMATICALLY RENEW (I.E., RE-START) YOUR MONTHLY SUBSCRIPTION IN THE
FOLLOWING NHL SEASON. TO ELECT EITHER OF THESE OPTIONS AND CANCEL A
SUBSCRIPTION SERVICE, YOU MAY LOGIN TO YOUR NHL.COM ACCOUNT, ACCESS THE
MY ACCOUNT SECTION AND FOLLOW THE APPLICABLE INSTRUCTIONS, OR SEND AN
EMAIL TO CUSTOMERSUPPORT@WEB.NHL.COM. IN NO EVENT WILL NHL PROVIDE
PARTIAL OR PRO-RATED REFUNDS. PLEASE SEE THE CANCELLATION SECTION BELOW
FOR DETAILS REGARDING REFUNDS.
* YEARLY SUBSCRIPTION SERVICES. FOR SUBSCRIPTION SERVICES BILLED ON A
YEARLY BASIS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ANNUALLY AT THE
START OF THE NHL SEASON (APPROXIMATELY OCTOBER 1) EACH YEAR AT THE
PREVIOUS YEAR'S REGULAR FULL YEARLY PRICE, UNLESS YOU CANCEL YOUR
SUBSCRIPTION SERVICE PRIOR TO THE BEGINNING OF THE NEXT APPLICABLE
BILLING (AND RENEWAL) PERIOD. THE PRIMARY CREDIT OR DEBIT CARD YOU HAVE
STORED IN THE MY ACCOUNT SECTION OF SUBSCRIBE.NHL.COM WILL BE CHARGED ON
OR ABOUT OCTOBER 1 OF EACH SUBSEQUENT YEAR AS SET FORTH ABOVE. IF WE ARE
UNABLE TO PROCESS THESE CHARGES TO YOUR PRIMARY CREDIT OR DEBIT CARD, AN
ALTERNATIVE CARD STORED IN THE MY ACCOUNT SECTION OF SUBSCRIBE.NHL.COM
MAY BE CHARGED. TO CANCEL YOUR YEARLY SERVICE, LOGIN TO YOUR NHL.COM
ACCOUNT, ACCESS THE MY ACCOUNT SECTION AND FOLLOW THE APPLICABLE
INSTRUCTIONS, OR SEND AN EMAIL TO CUSTOMERSUPPORT@WEB.NHL.COM. IN NO
EVENT WILL NHL PROVIDE PARTIAL OR PRO-RATED REFUNDS. PLEASE SEE THE
CANCELLATION SECTION BELOW FOR DETAILS REGARDING REFUNDS.
UNLESS YOU NOTIFY US BEFORE THE BEGINNING OF THE NEXT APPLICABLE BILLING
(AND RENEWAL) PERIOD THAT YOU WISH TO CANCEL ANY AUTOMATICALLY RENEWING
SUBSCRIPTION SERVICE, YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY RENEW
AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE APPLICABLE
SUBSCRIPTION FEE AND ANY TAXES (INCLUDING APPLICABLE VAT TAXES) USING
ANY CREDIT OR DEBIT CARD STORED IN THE MY ACCOUNT SECTION OF
SUBSCRIBE.NHL.COM.
* TRIAL SUBSCRIPTIONS. ACCESS TO A SUBSCRIPTION SERVICE, INCLUDING NHL.TV,
MAY FROM TIME TO TIME BE MADE AVAILABLE ON A TIME-LIMITED FREE TRIAL BASIS
(A "TRIAL SUBSCRIPTION"). PLEASE NOTE THAT THESE TERMS APPLY TO A TRIAL
SUBSCRIPTION. YOU MAY BE ASKED TO PROVIDE YOUR CREDIT OR DEBIT CARD
INFORMATION WHEN REGISTERING FOR A TRIAL SUBSCRIPTION. IN SUCH EVENT, TO
THE EXTENT PERMITTED BY LAW, YOUR CREDIT OR DEBIT CARD WILL ONLY BE CHARGED
IF YOU DO NOT CANCEL YOUR TRIAL SUBSCRIPTION BEFORE THE END OF THE TRIAL
SUBSCRIPTION PERIOD. IF WE ASK FOR YOUR CREDIT OR DEBIT CARD INFORMATION
AND YOU DO NOT AFFIRMATIVELY CANCEL BEFORE THE END OF THE TRIAL
SUBSCRIPTION, THEN YOUR TRIAL SUBSCRIPTION MAY BE CONVERTED INTO A PAID
SUBSCRIPTION AND YOUR CREDIT OR DEBIT CARD MAY BE CHARGED THE SUBSCRIPTION
FEE IN EFFECT AT THE TIME YOUR TRIAL SUBSCRIPTION FIRST BEGAN. BY
SUBSCRIBING FOR A TRIAL SUBSCRIPTION, YOU: (I) ACKNOWLEDGE THAT THE TRIAL
SUBSCRIPTION IS PERSONAL TO YOU AND MAY NOT BE TRANSFERRED OR OTHERWISE
ASSIGNED TO ANY OTHER PERSON; (II) ACKNOWLEDGE THAT THE TRIAL SUBSCRIPTION
IS INTENDED TO PERMIT YOU TO ASSESS THE SUBSCRIPTION SERVICES FOR
CONSIDERATION OF A FULL SUBSCRIPTION TO THE PAY SERVICE (A "PAID
SUBSCRIPTION"); AND (III) ACKNOWLEDGE THAT THE TRIAL SUBSCRIPTION MAY BE
SUBJECT TO OTHER TERMS AND CONDITIONS SPECIFIC TO THE TRIAL SUBSCRIPTION
BEING OFFERED, AND YOUR USE OF THE SUBSCRIPTION SERVICE DURING THE TRIAL
SUBSCRIPTION PERIOD WILL ALSO BE SUBJECT TO SUCH OTHER TERMS AND CONDITIONS
AND SUCH OTHER TERMS AND CONDITIONS SHALL BE INCORPORATED INTO THE TERMS;
AND (IV) ACKNOWLEDGE THAT IF YOU ARE REQUIRED TO PROVIDE YOUR CREDIT OR
DEBIT CARD INFORMATION AND THE TRIAL SUBSCRIPTION IS NOT CANCELLED WITHIN
THE TRIAL SUBSCRIPTION PERIOD, YOUR TRIAL SUBCRIPTION WILL CONVERT TO A
PAID SUBSCRIPTION THE PRICE OF WHICH WILL BE EQUAL TO THE PRICE OF A PAID
SUBSCRIPTION IN EFFECT AT THE TIME THE TRIAL SUBSCRIPTION BEGAN AND THE
CREDIT OR DEBIT CARD YOU PROVIDED WILL AUTOMATICALLY BE BILLED BASED ON A
PAID SUBSCRIPTION AS IF SUCH PAID SUBSCRIPTION BEGAN ON DAY ONE OF YOUR
TRIAL SUBSCRIPTION.
* CANCELLATION. TO CANCEL YOUR SUBSCRIPTION TO SUBSCRIPTION SERVICES, YOU
MUST FOLLOW THE PROCEDURES DESCRIBED BELOW. IF WE DO NOT LIST CANCELLATION
PROCEDURES FOR A PARTICULAR SUBSCRIPTION SERVICE, YOU SHOULD CONTACT US AT
NHL.COM/CONTACT. EXCEPT AS DESCRIBED BELOW, WE DO NOT REFUND OR PRORATE
SUBSCRIPTION SERVICES, OR ANY OTHER PURCHASES MADE THROUGH THE SERVICES,
FOR ANY REASON. REQUESTS TO TERMINATE SUBSCRIPTIONS WILL BE EFFECTIVE ONCE
THE BILLING PERIOD IN WHICH WE RECEIVED THE CANCELLATION CONCLUDES.
* NHL.TV. SUBJECT TO APPLICABLE LAWS, IF YOU ARE A SUBSCRIBER TO NHL.TV,
YOU MAY CANCEL YOUR SUBSCRIPTION WITHIN FIVE (5) DAYS OF INITIALLY
SUBSCRIBING OR WITHIN FIVE (5) DAYS AFTER YOUR SUBSCRIPTION HAS
AUTOMATICALLY RENEWED, AND RECEIVE A REFUND OF THE SUBSCRIPTION PRICE;
PROVIDED THAT IF YOU SIGN UP FOR NHL.TV AGAIN AFTER CANCELLING, THE NHL
RESERVES THE RIGHT TO DENY FURTHER CANCELLATION REQUESTS MADE WITHIN A
SINGLE NHL SEASON. YOU MAY CANCEL YOUR SUBSCRIPTION BY CONTACTING
CUSTOMER SUPPORT AT 800-559-2333 IN THE UNITED STATES AND 1-412-386-2646
INTERNATIONALLY, BETWEEN THE HOURS OF 9AM AND 2AM ET DURING THE NHL
SEASON AND DURING STANDARD BUSINESS HOURS DURING THE OFFSEASON.
5. VIDEO SERVICES AND BLACKOUT RESTRICTIONS BLACKOUT RESTRICTIONS APPLY TO
SERVICES WHICH ALLOW YOU TO WATCH VIDEO OF LIVE GAMES, OR HIGHLIGHTS, SUCH AS
NHL.TV. WITH RESPECT TO NHL.TV, DURING THE REGULAR NHL SEASON, STANLEY CUP
PLAYOFFS, AND STANLEY CUP FINAL, THE SCHEDULED WEBCAST MAY BE BLACKED OUT AND
NOT AVAILABLE FOR LIVE VIEWING IF:
> 1. YOU ARE LOCATED WITHIN THE APPLICABLE TEAM'S LOCAL TELECAST TERRITORY,
> REGARDLESS OF WHETHER THAT TEAM IS PLAYING AT HOME OR AWAY OR WHETHER THE GAME
> IS BEING TELECAST LOCALLY BY A REGIONAL NETWORK; OR
> 2. AN NHL GAME IS BEING TELEVISED NATIONALLY IN YOUR COUNTRY OR PROGRAMMING
> AREA.
THE FULL-LENGTH REPLAY OF ANY BLACKED-OUT GAME TYPICALLY WILL BE AVAILABLE ON
NHL.TV AT LEAST FORTY-EIGHT (48) HOURS AFTER THE GAME HAS BEEN COMPLETED. TO
DETERMINE WHICH GAMES IN YOUR LOCAL TERRITORY ARE SUBJECT TO BLACKOUT ON NHL.TV,
PLEASE CLICK ON THIS ZIP/POSTAL CODE LOOKUP LINK AND ENTER YOUR ZIP/POSTAL CODE:
ZIP CODE LOOKUP
IF YOU CIRCUMVENT OR ATTEMPT TO CIRCUMVENT ANY BLACKOUT RESTRICTION OR OTHER USE
RESTRICTION: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND A
CHARGE OF ONE HUNDRED DOLLARS ($100.00) FOR EARLY TERMINATION WILL BE APPLIED TO
YOUR CREDIT OR DEBIT CARD; YOU MAY BE SUBJECT TO LEGAL ACTION; AND THE NHL
RESERVES THE RIGHT TO REPORT SUCH MISCONDUCT TO APPROPRIATE LAW ENFORCEMENT
AUTHORITIES. 6. REGISTRATION FOR NON-SUBSCRIPTION SERVICES YOU MAY BE ASKED TO
REGISTER FOR CERTAIN ACTIVITIES IN CONNECTION WITH THE SERVICES, INCLUDING THOSE
SERVICES OTHER THAN SUBSCRIPTION SERVICES (SEE SECTION 4 FOR A DISCUSSION OF
SUBSCRIPTION SERVICES). WHEN YOU REGISTER OR PROVIDE ANY OTHER INFORMATION IN
CONNECTION WITH THE SERVICES, YOU AGREE TO PROVIDE ACCURATE, CURRENT, AND
COMPLETE INFORMATION ABOUT YOURSELF AS REQUESTED OR DIRECTED AND TO PROMPTLY
UPDATE THIS INFORMATION TO MAINTAIN ITS ACCURACY. THE NHL HAS THE RIGHT TO
SUSPEND OR TERMINATE ANY ACCOUNT OR OTHER REGISTRATION AND TO REFUSE ANY AND ALL
CURRENT OR FUTURE USE IF IT SUSPECTS THAT SUCH INFORMATION IS INACCURATE OR
INCOMPLETE. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF ANY
PASSWORD AND USERNAME THAT YOU ARE GIVEN OR SELECT, AND YOU ARE RESPONSIBLE FOR
ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT. 7. INTELLECTUAL
PROPERTY
ALL CONTENT, INFORMATION, COMPUTER CODE, SOFTWARE, AND ANY OTHER MATERIALS THAT
ARE PART OF THE SERVICES OTHER THAN YOUR USER CONTENT (COLLECTIVELY, THE "NHL
CONTENT") IS THE PROPERTY OF THE NHL OR THIRD PARTIES. YOU MAY ACCESS, USE, AND
DISPLAY THE SERVICES AND PRINT COPIES OF THE NHL CONTENT ONLY FOR
NON-COMMERCIAL, INFORMATIONAL, PERSONAL USE, WITHOUT MODIFICATION OR ALTERATION
IN ANY WAY, AND ONLY SO LONG AS YOU COMPLY WITH THESE TERMS.
* COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS. CERTAIN OF THE NHL CONTENT
IS PROTECTED UNDER THE COPYRIGHT LAWS OF THE UNITED STATES AND OTHER
COUNTRIES. YOU ACKNOWLEDGE THAT ALL COPYRIGHTS AND OTHER INTELLECTUAL
PROPERTY RIGHTS RELATED TO THE SERVICES ARE OWNED BY THE NHL OR ITS
THIRD-PARTY LICENSORS TO THE FULL EXTENT PERMITTED UNDER THE UNITED STATES
COPYRIGHT ACT, INTERNATIONAL COPYRIGHT LAWS, AND ALL OTHER APPLICABLE LAWS.
UNLESS EXPRESSLY PERMITTED BY AN AUTHORIZED PERSON IN WRITING OR AS PERMITTED
BY APPLICABLE LAW, YOU MAY NOT COPY, REPRODUCE, DISTRIBUTE, PUBLISH, ENTER
INTO A DATABASE, DISPLAY, PERFORM, MODIFY, CREATE DERIVATIVE WORKS FROM,
TRANSMIT, OR IN ANY WAY USE OR EXPLOIT ANY PART OF THE NHL CONTENT. TO OBTAIN
WRITTEN CONSENT TO USE A COPYRIGHTED WORK, PLEASE CONTACT US USING THE
INFORMATION IN SECTION 25. COPYING OR DOWNLOADING NHL CONTENT OTHER THAN AS
STATED ABOVE IS A VIOLATION OF THESE TERMS.
* TRADE AND SERVICE MARKS. YOU ACKNOWLEDGE AND AGREE THAT (I) NHL, THE NHL
SHIELD, AND THE WORD MARK AND IMAGE OF THE STANLEY CUP ARE REGISTERED
TRADEMARKS OF THE NATIONAL HOCKEY LEAGUE; AND (II) ALL NHL LOGOS AND MARKS
AND NHL MEMBER CLUB LOGOS AND MARKS AS WELL AS OTHER PROPRIETARY MATERIALS
DEPICTED IN CONNECTION WITH THE SERVICES AND THE NHL CONTENT ARE THE PROPERTY
OF THE NHL AND THE RESPECTIVE NHL MEMBER CLUBS OR ARE LICENSED TO THE NHL AND
MAY NOT BE USED COMMERCIALLY WITHOUT THE PRIOR WRITTEN CONSENT OF NHL
ENTERPRISES, L.P. OR ITS DESIGNEE, WHICH MAY BE REQUESTED VIA THE CONTACT
INFORMATION PROVIDED IN SECTION 25.
* NOTICE OF INFRINGEMENT. THE NHL RESPECTS INTELLECTUAL PROPERTY RIGHTS. IF YOU
BELIEVE IN GOOD FAITH THAT YOUR WORK HAS BEEN REPRODUCED OR IS ACCESSIBLE ON
THE SERVICES IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT, PLEASE PROVIDE
OUR DESIGNATED AGENT WITH THE FOLLOWING INFORMATION IN WRITING:
* AN ELECTRONIC OR PHYSICAL SIGNATURE OF THE PERSON AUTHORIZED TO ACT ON
BEHALF OF THE OWNER OF THE EXCLUSIVE RIGHT THAT IS ALLEGEDLY INFRINGED;
* IDENTIFICATION OF THE COPYRIGHTED WORK OR A REPRESENTATIVE LIST OF THE
WORKS CLAIMED TO HAVE BEEN INFRINGED;
* IDENTIFICATION OF THE ALLEGEDLY INFRINGING MATERIAL AND INFORMATION
REASONABLY SUFFICIENT TO PERMIT US TO LOCATE THE MATERIAL;
* YOUR NAME, ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS, SO THAT WE MAY
CONTACT YOU IF NECESSARY;
* A STATEMENT THAT YOU HAVE A GOOD FAITH BELIEF THAT THE DISPUTED USE IS NOT
AUTHORIZED BY THE COPYRIGHT OWNER, ITS AGENT, OR THE LAW; AND
* A STATEMENT BY YOU, MADE UNDER PENALTY OF PERJURY, THAT THE ABOVE
INFORMATION IN YOUR NOTICE IS ACCURATE AND THAT YOU ARE THE COPYRIGHT
OWNER OR AUTHORIZED TO ACT ON THE COPYRIGHT OWNER'S BEHALF.
THE NHL'S DESIGNATED AGENT FOR NOTICE OF CLAIMS OF COPYRIGHT IS:
> NHL ENTERPRISES, L.P.
> DMCA AGENT -- GROUP VICE PRESIDENT, LEGAL AND BUSINESS AFFAIRS -- INTELLECTUAL
> PROPERTY
> 1185 AVENUE OF THE AMERICAS
> NEW YORK, NY 10036
> NHL.COM/CONTACT (SELECT "DMCA" FOR THE SUBJECT LINE)
> PHONE: (212) 789-2000
> FACSIMILE: (212) 789-2727
* EMBEDDING CONTENT.THE SERVICES MAY ALLOW YOU TO EMBED NHL CONTENT INTO OTHER
WEB PAGES. ALL USE OF EMBEDDED NHL CONTENT MUST BE FOR NON-COMMERCIAL
PURPOSES ONLY, AND MAY BE DISABLED BY THE NHL AT ANY TIME AND FOR ANY REASON
OR FOR NO REASON AT ALL. PROHIBITED COMMERCIAL USES INCLUDE ANY OF THE
FOLLOWING ACTIONS TAKEN WITHOUT THE EXPRESS APPROVAL OF THE NHL:
* SELLING ACCESS TO EMBEDDED NHL CONTENT ON ANOTHER WEBSITE;
* USING EMBEDDED NHL CONTENT FOR THE PURPOSE OF GAINING ADVERTISING,
SUBSCRIPTION, OR OTHER REVENUE;
* CREATING A WEBSITE THAT DOES NOTHING MORE THAN AGGREGATE A COLLECTION OF
EMBEDDED NHL CONTENT AND INTENTIONALLY TRYING TO GENERATE AD REVENUE FROM
IT;
* USING EMBEDDED NHL CONTENT THAT THE NHL FINDS, IN ITS SOLE DISCRETION,
COMPETES WITH OR DISPLACES THE SERVICES.
YOU MUST NOT ESTABLISH A LINK TO OUR SERVICES IN ANY WEBSITE THAT REQUIRES
REGISTRATION IN CONNECTION WITH CONTENT FROM OUR SERVICES OR THAT OTHERWISE
COLLECTS PERSONAL INFORMATION IN CONNECTION WITH CONTENT FROM OUR SERVICES.
PROHIBITED COMMERCIAL USES DO NOT INCLUDE USING EMBEDDED NHL CONTENT TO SHOW
VIDEOS ON AN AD-ENABLED BLOG OR FAN WEBSITE, PROVIDED THE EMBEDDED NHL CONTENT
IS NOT USED TO GAIN ADVERTISING REVENUE OR COMPETE WITH THE SERVICES. 8. LINKING
TO OUR SERVICES
YOU MAY LINK TO OUR SERVICES PROVIDED THAT YOU DO SO IN A WAY THAT IS FAIR AND
LEGAL AND DOES NOT DAMAGE OUR REPUTATION OR TAKE ADVANTAGE OF IT. YOU MUST NOT
ESTABLISH A LINK IN SUCH A WAY AS TO SUGGEST OR IMPLY ANY FORM OF ASSOCIATION,
APPROVAL, OR ENDORSEMENT ON OUR PART WHERE NONE EXIST AND NO LINK TO OUR
SERVICES MAY BE "FRAMED" TO THE EXTENT SUCH FRAME CONTAINS ANY SPONSORSHIP,
ADVERTISING, OR COMMERCIAL TEXT OR GRAPHICS. WE RESERVE THE RIGHT TO WITHDRAW
LINKING PERMISSION WITHOUT NOTICE. THE WEBSITE IN WHICH YOU ARE LINKING MUST
COMPLY IN ALL RESPECTS WITH THE USER CONTENT STANDARDS DESCRIBED IN SECTION 3 OF
THESE TERMS. 9. CHANGE OR TERMINATION THE NHL MAY CHANGE OR TERMINATE THESE
TERMS FOR ANY REASON AT ANY TIME, FOR EXAMPLE TO REFLECT CHANGES IN LAWS OR
REGULATORY REQUIREMENTS. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO
RESTRICT, SUSPEND, OR TERMINATE YOUR ACCESS TO AND USE OF THE SERVICES, WITH OR
WITHOUT PRIOR NOTICE. THE NHL ALSO RESERVES THE RIGHT TO MODIFY THE PRICE OF ANY
SERVICES OR ANY OTHER PRODUCTS OFFERED VIA THE SERVICES. THE NHL IS NOT
RESPONSIBLE FOR ANY ERROR IN COPY OR IMAGES RELATING TO THE SERVICES OR ANY
OTHER PRODUCTS OFFERED VIA THE SERVICES. ANY OFFER TO SELL ANY SERVICES OR ANY
OTHER PRODUCTS OFFERED VIA THE SERVICES MAY BE DISCONTINUED AT ANY TIME IN NHL'S
SOLE DISCRETION.
OTHERWISE APPLICABLE SECTIONS OF THESE TERMS SHALL SURVIVE TERMINATION. THE NHL
ALSO RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE AT LAW AND IN EQUITY FOR
VIOLATIONS OF THESE TERMS. UPON TERMINATION, YOU MUST CEASE ALL USE OF THE
SERVICES, INCLUDING ANY OF THE NHL CONTENT. 10. PRIVACY POLICY
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND UNDERSTAND OUR
PRIVACY POLICY (THE "PRIVACY POLICY"). YOU AGREE (I) TO PROVIDE ACCURATE,
CURRENT, AND COMPLETE INFORMATION ABOUT YOURSELF AS MAY BE PROMPTED BY ANY
REGISTRATION OR OTHER FORMS (COLLECTIVELY, "REGISTRATION DATA"); (II) TO
MAINTAIN THE SECURITY OF YOUR PASSWORD AND IDENTIFICATION; (III) TO MAINTAIN AND
PROMPTLY UPDATE REGISTRATION DATA AND ANY OTHER INFORMATION YOU PROVIDE TO NHL;
(IV) NOT TO SELL, TRANSFER, OR ASSIGN YOUR ACCOUNT; AND (V) TO BE FULLY
RESPONSIBLE FOR ALL USE OF YOUR ACCOUNT AND FOR ANY ACTIONS THAT TAKE PLACE
USING YOUR ACCOUNT. 11. LINKS AND THIRD PARTY CONTENT THE SERVICES MAY CONTAIN
LINKS TO OTHER WEBSITES OR ONLINE SERVICES THAT ARE OPERATED AND MAINTAINED BY
OTHER PERSONS AND THAT ARE NOT UNDER THE CONTROL OF OR MAINTAINED BY THE NHL.
SUCH LINKS DO NOT CONSTITUTE AN ENDORSEMENT BY THE NHL OF THOSE OTHER WEBSITES
OR ONLINE SERVICES, THE CONTENT DISPLAYED THEREIN, OR THE PERSONS ASSOCIATED
THEREWITH. THESE TERMS DO NOT APPLY TO SUCH OTHER WEBSITES AND ONLINE SERVICES,
AND SUCH WEBSITES AND ONLINE SERVICES ARE NOT PART OF THE SERVICES. WE ENCOURAGE
YOU TO REVIEW THE PRIVACY POLICIES AND TERMS OF USE OF THESE OTHER WEBSITES OR
SERVICES.
WE MAY INCORPORATE THIRD PARTY SERVICES, SOFTWARE, TECHNOLOGY, DATA, AND/OR
OTHER CONTENT (COLLECTIVELY, "THIRD PARTY MATERIALS") EITHER INDEPENDENTLY OR IN
CONNECTION WITH VARIOUS PROGRAMS, FEATURES, OR FUNCTIONS AVAILABLE THROUGH THE
SERVICES. YOUR USE OF THIRD PARTY MATERIALS MAY BE SUBJECT TO TERMS OF USE OTHER
THAN THESE TERMS AND AS MAY BE SET FORTH BY THIRD PARTY PROVIDERS, AS
APPLICABLE. YOU AGREE AND ACKNOWLEDGE THAT THE NHL ASSUMES NO LIABILITY WITH
RESPECT TO YOUR USE OF SUCH THIRD PARTY MATERIALS WHETHER YOU ARE AWARE OF THEIR
USE OR NOT AND WHETHER OR NOT THE USE OF SUCH THIRD PARTY MATERIALS IS ENDORSED
OR RECOMMENDED BY THE NHL. 12. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO
REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION,
THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES
APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES
LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED "AS IS", "WITH ALL FAULTS,"
AND "AS AVAILABLE." WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE
DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED,
INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND
NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR
VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON;
(III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV)
THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR
COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY
THE NHL. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR
REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR THE NEEDS OR
REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES, EXPRESS,
STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE NHL
CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN, WILL BE TIMELY, SECURE,
ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED.
THE NHL DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE, OR AGREE
WITH ANY NHL CONTENT OR ANY USER CONTENT, AND WE EXPRESSLY DISCLAIM ANY AND ALL
REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY
USER CONTENT OR NHL CONTENT. THE NHL MAKES NO REPRESENTATION THAT THE SERVICES
ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. NO ORAL OR
WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF THE NHL SHALL CREATE ANY
WARRANTY.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE
IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY
TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 13. EXCLUSIVE REMEDY
AND LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL THE NHL,
ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR
DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT
LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE
DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR
INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY NHL CONTENT OR
USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE NHL HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER
TECHNOLOGICALLY HARMUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF
ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE NHL'S LIABILITY IN SUCH JURISDICTIONS
FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN
THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY
ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR
ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED
BY APPLICABLE LAW.
ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF
THE SERVICES. 14. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND NHL, ITS AFFILIATES AND
LICENSORS, THE MEMBER CLUBS OF THE NHL, THE MLB ENTITIES, ANY PARTY INVOLVED IN
OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING THE
SUBSCRIPTION SERVICES), AND EACH OF THEIR RESPECTIVE OFFICERS, OWNERS,
DIRECTORS, SHAREHOLDERS, CONTRACTORS, AGENTS, EMPLOYEES, GENERAL AND LIMITED
PARTNERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL DEMANDS, CLAIMS,
DAMAGES, LIABILITIES, JUDGMENTS, FINES, INTEREST, PENALTIES, LOSSES, COSTS,
EXPENSES, AND HARMS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL EXPENSES AND
ATTORNEYS' FEES AND FEES OF OTHER PROFESSIONAL ADVISERS, ARISING OUT OF OR IN
CONNECTION WITH (I) YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION,
YOUR USER CONTENT AND YOUR USE OF ANY NHL CONTENT); (II) YOUR ONLINE CONDUCT IN
CONNECTION WITH THE SERVICES; (III) YOUR VIOLATION OR BREACH OF THESE TERMS;
(IV) YOUR FAILURE TO COMPLY WITH ANY APPLICABLE LAWS OR REGULATIONS IN
CONNECTION WITH THE SERVICES; (V) YOUR NEGLIGENCE, WILLFUL MISCONDUCT, OR
VIOLATIONS OF THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON IN
CONNECTION WITH THE SERVICES; OR (VI) ANY OF YOUR DEALINGS OR TRANSACTIONS WITH
OTHER PERSONS RESULTING FROM USE OF THE SERVICES. YOU SHALL NOT SETTLE ANY SUCH
CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE NHL. THESE OBLIGATIONS WILL
SURVIVE ANY TERMINATION OF THESE TERMS. FOR PURPOSES OF THESE TERMS, THE "MLB
ENTITIES" SHALL MEAN MLBAM, THE OFFICE OF THE COMMISSIONER OF BASEBALL ("BOC"),
ITS BUREAUS, COMMITTEES, SUBCOMMITTEES, AND COUNCILS, THE MAJOR LEAGUE BASEBALL
CLUBS ("CLUBS"), MAJOR LEAGUE BASEBALL PROPERTIES, INC., THE MLB NETWORK, LLC,
EACH OF THEIR SUBSIDIARIES OR AFFILIATED ENTITIES, ANY ENTITY WHICH, NOW OR IN
THE FUTURE, CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH THE
CLUBS OR THE BOC. 15. INTEGRATION AND SEVERABILITY
THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE NHL AND YOU, SUPERSEDING
ANY PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS (WHETHER ORAL,
WRITTEN, OR ELECTRONIC) BETWEEN YOU AND US. IN THE EVENT ANY PROVISION OF THESE
TERMS IS HELD UNENFORCEABLE, IT WILL NOT AFFECT THE VALIDITY OR ENFORCEABILITY
OF THE REMAINING PROVISIONS AND WILL BE REPLACED BY AN ENFORCEABLE PROVISION
THAT COMES CLOSEST TO THE INTENTION UNDERLYING THE UNENFORCEABLE PROVISION. NHL
IN ITS SOLE DISCRETION MAY AMEND THESE TERMS, IN WHICH CASE WE WILL POST THE
AMENDED TERMS WITHIN THE SERVICES. YOUR USE OF THE SERVICES AFTER SUCH AMENDED
TERMS ARE POSTED WILL CONSTITUTE ACCEPTANCE OF THEM BY YOU. NHL MAY BE REQUIRED
TO NOTIFY YOU OF CERTAIN EVENTS CONCERNING THE SERVICES AND YOUR USE THEREOF,
AND YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE THAT SUCH NOTICES WILL BE
EFFECTIVE UPON OUR POSTING THEM ON THE APPLICABLE SERVICES OR, IF WE ELECT IN
OUR SOLE DISCRETION, EMAILING YOU AT AN ADDRESS YOU HAVE PROVIDED TO US 16. NO
WAIVER
OUR FAILURE TO ENFORCE ANY PROVISIONS OF THE TERMS OR RESPOND TO A BREACH BY YOU
OR OTHER PARTIES SHALL NOT IN ANY WAY WAIVE OUR RIGHT TO ENFORCE SUBSEQUENTLY
ANY TERMS OR CONDITIONS OF THE TERMS OR TO ACT WITH RESPECT TO SIMILAR BREACHES.
17. ASSIGNMENT AND BINDING EFFECTS
YOU MAY NOT ASSIGN THESE TERMS OR ANY RIGHTS OR OBLIGATIONS HEREIN WITHOUT THE
PRIOR WRITTEN CONSENT OF THE NHL AND ANY ATTEMPTED ASSIGNMENT IN CONTRAVENTION
OF THIS PROVISION IS NULL AND VOID AND OF NO FORCE OR EFFECT. THE NHL HAS THE
RIGHT TO ASSIGN THESE TERMS, AND ANY OF ITS RIGHTS OR OBLIGATIONS HEREIN. THESE
TERMS ARE BINDING UPON EACH PARTY AND ITS RESPECTIVE SUCCESSORS, HEIRS,
TRUSTEES, ADMINISTRATORS, EXECUTORS, AND PERMITTED ASSIGNS. 18. GOVERNING LAW,
BINDING ARBITRATION, CLASS ACTION WAIVER, LOCATION, AND TIME PERIOD FOR BRINGING
NOTICE OF CLAIM.
THESE TERMS ARE GOVERNED BY, AND MUST BE CONSTRUED IN ACCORDANCE WITH, THE LAWS
OF THE UNITED STATES AND THE STATE OF NEW YORK, AS APPLICABLE, WITHOUT GIVING
EFFECT TO THEIR PRINCIPLES OF CONFLICTS OF LAW. BY USING THE SERVICES, YOU WAIVE
ANY CLAIMS THAT MAY ARISE UNDER THE LAWS OF OTHER STATES, COUNTRIES,
TERRITORIES, OR JURISDICTIONS.
WITH RESPECT TO ANY AND ALL DISPUTES ARISING OUT OF OR RELATING TO THE SERVICES
OR THESE TERMS (INCLUDING WITHOUT LIMITATION THE PRIVACY POLICY), THE NHL AND
YOU AGREE TO NEGOTIATE IN GOOD FAITH AND UNDERTAKE REASONABLE EFFORTS TO
COOPERATE WITH ONE ANOTHER IN ORDER TO ACHIEVE A MUTUALLY SATISFACTORY
RESOLUTION. IF YOU AND THE NHL DO NOT RESOLVE ANY DISPUTE BY INFORMAL
NEGOTIATION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY OTHER EFFORT TO
RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION AS
DESCRIBED IN THIS SECTION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE
GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER)
ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, ALL DISPUTES WILL BE
RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE DECISION WILL BE FINAL EXCEPT FOR A
LIMITED RIGHT OF APPEAL UNDER THE US FEDERAL ARBITRATION ACT. ANY COURT WITH
JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD.
TO THE EXTENT PERMITTED BY LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY
DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND
NEITHER YOU NOR THE NHL WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR
IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A
REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH
ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED
ARBITRATIONS OR PROCEEDINGS. THIS PARAGRAPH DOES NOT APPLY TO CONSUMERS RESIDING
IN QUEBEC WITH RESPECT TO NHLSHOP.CA
TO THE EXTENT PERMITTED BY LAW, THE NHL AND YOU AGREE THAT ALL DISPUTES ARISING
UNDER THESE TERMS THAT CANNOT BE SETTLED THROUGH INFORMAL NEGOTIATION WILL BE
SETTLED EXCLUSIVELY THROUGH CONFIDENTIAL BINDING ARBITRATION IN ACCORDANCE WITH
THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE
ARBITRATOR'S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN A COURT
OF COMPETENT JURISDICTION. YOU AGREE THAT THE NHL MAY SEEK ANY INTERIM OR
PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN NEW YORK, NECESSARY
TO PROTECT ITS RIGHTS OR PROPERTY PENDING THE COMPLETION OF ARBITRATION. THIS
PARAGRAPH DOES NOT APPLY TO CONSUMERS RESIDING IN QUEBEC WITH RESPECT TO
NHLSHOP.CA
ANY CLAIMS NOT SUBJECT TO ARBITRATION SHALL BE SUBJECT TO THE EXCLUSIVE
JURISDICTION OF STATE OR FEDERAL COURTS IN NEW YORK COUNTY, NEW YORK. THE
PARTIES HEREBY WAIVE ANY ARGUMENT THAT ANY SUCH COURT DOES NOT HAVE PERSONAL
JURISDICTION OR THAT THE FORUM IS NOT APPROPRIATE OR CONVENIENT. THIS PARAGRAPH
DOES NOT APPLY TO CONSUMERS RESIDING IN QUEBEC WITH RESPECT TO NHLSHOP.CA
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU PERMANENTLY AND IRREVOCABLY WAIVE
THE RIGHT TO BRING ANY CLAIM IN ANY FORUM UNLESS YOU PROVIDE NHL WITH WRITTEN
NOTICE OF THE EVENT OR FACTS GIVING RISE TO THE CLAIM WITHIN ONE (1) YEAR OF
THEIR OCCURRENCE. THIS PARAGRAPH DOES NOT APPLY TO CONSUMERS RESIDING IN QUEBEC
WITH RESPECT TO NHLSHOP.CA 19. NHL SHOP AND NHL AUCTIONS
YOU MAY ORDER PRODUCTS ONLINE FROM THE OFFICIAL NHL ONLINE STORES, CURRENTLY
NHLSHOP.CA, AND SHOP.INTERNATIONAL.NHL.COM (COLLECTIVELY, "NHL SHOP") OR THE
OFFICIAL NHL AUCTIONS SITE, CURRENTLY, AUCTIONS.NHL.COM ("NHL AUCTIONS"). BY
PLACING AN ORDER THROUGH NHL SHOP OR NHL AUCTIONS, YOU AGREE TO PAY ALL AMOUNTS
PAYABLE FOR THESE ORDERS, INCLUDING APPLICABLE TAXES (INCLUDING ANY APPLICABLE
VAT TAX) AND SHIPPING AND HANDLING EXPENSES, AND TO BE BOUND BY THE OTHER TERMS
APPLICABLE TO SUCH SERVICES AS DESCRIBED ON THE NHL SHOP AND NHL AUCTIONS
WEBSITES. THE NHL SHOP AND NHL AUCTIONS ARE OPERATED BY ONE OR MORE THIRD
PARTIES WHO ARE RESPONSIBLE FOR, AMONG OTHER THINGS, THE FULFILLMENT OF ORDERS,
BILLING, AND SHIPPING PRODUCTS. VISIT NHL SHOP OR NHL AUCTIONS FOR INFORMATION
ABOUT HOW YOU MAY CONTACT OUR THIRD-PARTY SERVICE PROVIDERS. PLEASE NOTE THAT
SUPPLEMENTAL TERMS MAY APPLY TO YOUR ACTIVITY ON NHL SHOP AND NHL AUCTIONS.
BY USING NHL SHOP, YOU ACKNOWLEDGE THAT THE APPLICABLE TERMS OF USE OF NHL SHOP
("SHOP TERMS") ALSO GOVERNS YOUR USE, INCLUDING ANY MERCHANDISE ORDERS YOU PLACE
WITH NHL SHOP. IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS AND THE SHOP
TERMS, THE SHOP TERMS WILL GOVERN WITH RESPECT TO YOUR ACTIVITY WITH THE NHL
SHOP ONLY.
THE SERVICES AND ALL OTHER PRODUCTS OFFERED VIA THE SERVICES ARE PROVIDED FOR
YOUR PRIVATE, NON-COMMERCIAL USE, AND YOU MAY NOT DISTRIBUTE, MODIFY, TRANSLATE,
REBROADCAST, TRANSMIT, PERFORM, OR CREATE DERIVATIVE WORKS OF THEM. 20. REQUIRED
NOTICES OF CERTIFICATES OF AUTHENTICITY.
WITH RESPECT TO THE SALE OF CERTAIN MERCHANDISE OR AUCTIONS TO RESIDENTS OF THE
STATE OF CALIFORNIA, THE FOLLOWING NOTICE IS PROVIDED PURSUANT TO CALIFORNIA
CIVIL CODE, TITLE 1.1A, AUTOGRAPHED SPORTS MEMORABILIA, CAL CIVIL CODE § 1739.7
(2001):
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW, A DEALER WHO SELLS
TO A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING AUTOGRAPHED MUST PROVIDE
A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE TIME OF SALE. THIS DEALER MAY BE
SURETY BONDED OR OTHERWISE INSURED TO ENSURE THE AUTHENTICITY OF ANY COLLECTIBLE
SOLD BY THIS DEALER.
WITH RESPECT TO THE SALE OF CERTAIN MERCHANDISE OR AUCTIONS, THE FOLLOWING
NOTICE IS PROVIDED PURSUANT TO NEW YORK ARTS AND CULTURAL AFFAIRS LAW, TITLE
V-1, SALE OF AUTOGRAPHED SPORTS COLLECTIBLES, NY CLS ART & CULT AFFR § 60.04
(2006):
SALE OF AUTOGRAPHED SPORTS MEMORABILIA: AS REQUIRED BY LAW A DEALER WHO SELLS TO
A CONSUMER ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY AUTOGRAPHED FOR
TWENTY-FIVE DOLLARS OR MORE MUST PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY
AT THE TIME OF SALE.
THE CERTIFICATES REFERENCED ABOVE WILL BE PROVIDED IN THE FORM OF A CERTIFICATE
OF AUTHENTICITY, A UNIQUE HOLOGRAM AFFIXED TO THE ITEM ITSELF, OR A LETTER FROM
THE NHL. 21. SEPARATE TERMS AND CONDITIONS IN CONNECTION WITH YOUR USE OF THE
SERVICES, YOU MAY BE ASKED TO CONSENT TO POLICIES OR TERMS AND CONDITIONS IN
ADDITION TO THESE TERMS. PLEASE READ THESE SUPPLEMENTAL POLICIES AND TERMS
CAREFULLY BEFORE MAKING ANY USE OF SUCH PORTIONS OF THE SERVICES. ANY
SUPPLEMENTAL TERMS WILL NOT VARY OR REPLACE THESE TERMS REGARDING ANY USE OF THE
SERVICES, UNLESS OTHERWISE EXPRESSLY STATED. 22. NHL SERVICES PURCHASED THROUGH
THE APPLE APP STORE; APPLE NOT A PARTY. IF YOU HAVE PURCHASED THE SERVICES FROM
APPLE INC. ("APPLE"), YOU ACKNOWLEDGE THAT THESE TERMS ARE AN AGREEMENT BETWEEN
YOU AND THE NHL AND NOT WITH APPLE. AS BETWEEN THE NHL AND APPLE, THE NHL (NOT
APPLE) IS SOLELY RESPONSIBLE FOR THE SERVICES AND THE NHL CONTENT. ANY SERVICES
OBTAINED THROUGH APPLE'S APP STORE MUST BE USED ONLY ON AN IOS DEVICE THAT YOU
OWN OR CONTROL, AS PERMITTED BY THE USAGE RULES SET FORTH IN THE APP STORE TERMS
OF SERVICE. YOU ACKNOWLEDGE AND AGREE THAT APPLE IS NOT RESPONSIBLE FOR (I)
PROVIDING ANY MAINTENANCE OR SUPPORT SERVICES WITH RESPECT TO THE SERVICES AND
THAT, AS BETWEEN THE NHL AND APPLE, THE NHL AND ITS PARTNERS (AND NOT APPLE) ARE
RESPONSIBLE FOR PROVIDING SUCH MAINTENANCE AND SUPPORT SERVICES; OR (II) ANY
CLAIMS RELATED TO THE SERVICES OR YOUR POSSESSION AND/OR USE THEREOF (INCLUDING
PRODUCT LIABILITY CLAIMS, INFRINGEMENT CLAIMS, CLAIMS THAT THE APP FAILS TO
CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, AND CLAIMS ARISING
UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION), AND THAT, AS BETWEEN THE NHL
AND APPLE, THE NHL AND ITS PARTNERS (AND NOT APPLE) ARE RESPONSIBLE FOR THE
INVESTIGATION, DEFENSE, SETTLEMENT, AND DISCHARGE OF ANY SUCH CLAIMS. IN THE
EVENT OF ANY FAILURE OF THE SERVICES PURCHASED THROUGH THE APP STORE TO CONFORM
TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE AND APPLE WILL REFUND YOU ANY
ACCESS FEE PAID BY YOU FOR THOSE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATIONS WHATSOEVER WITH
RESPECT TO THE APP AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR
EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY, AS BETWEEN
APPLE AND THE NHL, WILL BE THE NHL'S SOLE RESPONSIBILITY. YOU FURTHER REPRESENT
AND WARRANT THAT (A) YOU ARE NOT LOCATED IN A COUNTRY THAT IS SUBJECT TO A U.S.
GOVERNMENT EMBARGO, OR THAT HAS BEEN DESIGNATED BY THE U.S. GOVERNMENT AS A
"TERRORIST SUPPORTING" COUNTRY; AND (B) YOU ARE NOT LISTED ON ANY U.S.
GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES. APPLE AND APPLE'S
SUBSIDIARIES ARE THIRD-PARTY BENEFICIARIES OF THESE TERMS AND, UPON YOUR
ACCEPTANCE OF THESE TERMS, APPLE WILL HAVE THE RIGHT (AND WILL BE DEEMED TO HAVE
ACCEPTED THE RIGHT) TO ENFORCE THEM AGAINST YOU AS A THIRD-PARTY BENEFICIARY
THEREOF. 23. ACCEPTANCE OF TERMS OF USE.
BY USING ANY SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THSE TERMS. IF YOU DO NOT
AGREE TO THESE TERMS, YOU MUST NOT USE ANY OF THE SERVICES. NHL MAY CHANGE THE
TERMS OF THIS AGREEMENT AT ANY TIME, AND YOUR USE OF SERVICES AFTER SUCH CHANGE
IS POSTED WILL MEAN THAT YOU ACCEPT SUCH CHANGE. 24. NOTICE FOR CALIFORNIA
CONSUMERS. UNDER CALIFORNIA CIVIL CODE SECTION 1789.3, CALIFORNIA USERS OF THE
SERVICES ARE ENTITLED TO THE FOLLOWING SPECIFIC CONSUMER RIGHTS NOTICE: THE
COMPLAINT ASSISTANCE UNIT OF THE DIVISION OF CONSUMER SERVICES OF THE CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS MAY BE CONTACTED IN WRITING AT 1625 NORTH MARKET
BLVD., SUITE N 112, SACRAMENTO CA 95834, OR BY TELEPHONE AT (916) 445-1254 OR
(800) 952-5210. 25. CONTACT INFORMATION
PLEASE DIRECT ANY QUESTIONS, COMPLAINTS, OR CLAIMS RELATED TO THE SERVICES OR
YOUR USE OF THE SERVICES TO NHL.COM/CONTACT AND SELECT "TERMS OF SERVICE" AS THE
SUBJECT LINE. FOR REQUESTS TO USE A COPYRIGHTED WORK OR TRADE OR SERVICE MARK
RIGHT, PLEASE GO TO NHL.COM/CONTACT AND SELECT "TRADEMARK AND COPYRIGHT
REQUESTS" AS THE SUBJECT LINE. YOU CAN ALSO CONTACT US AT:
> NHL ENTERPRISES, L.P.
> ATTN: LEGAL DEPARTMENT
> 1185 AVENUE OF THE AMERICAS
> NEW YORK, NY 10036
SUPPLEMENTAL SHOP TERMS OF SERVICE APPLICABLE TO SHOP.NHL.CA ("SHOP")
ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS OF USE
AGREEMENT OR THE PROPERTIES, PLEASE CONTACT FAN SERVICES TOLL FREE AT
1-855-254-5184, 24 HOURS A DAY, 7 DAYS A WEEK.
1.THIS IS A LEGAL AGREEMENT THESE SUPPLEMENTAL SHOP TERMS OF SERVICE (THE
"SUPPLEMENTAL SHOP TERMS") GOVERN YOUR ACCESS TO AND USE OF THE SHOP.NHL.COM
WEBSITES AND ONLINE SERVICES ("SHOP"). THESE SUPPLEMENTAL SHOP TERMS ARE A LEGAL
AGREEMENT BETWEEN YOU AND NHL INTERACTIVE CYBERENTERPRISES, LLC AND ITS
AFFILIATES, INCLUDING NHL ENTERPRISES, L.P., NHL ENTERPRISES CANADA, L.P., NHL
ENTERPRISES B.V., AND THE NATIONAL HOCKEY LEAGUE ("NHL") AND FANATICS RETAIL
GROUP NORTH, INC. AND/OR ITS AFFILIATES INCLUDING FANATICS RETAIL GROUP CANADA
("FRGC"), WHICH OPERATE THE SHOP ON BEHALF OF THE NHL. YOUR ACCESS TO AND USE OF
SHOP ALSO IS GOVERNED BY AND SUBJECT TO THE NHL TERMS OF SERVICE (THE "TERMS").
THE SUPPLEMENTAL SHOP TERMS SET FORTH CERTAIN ADDITIONAL TERMS AND CONDITIONS
THAT APPLY TO YOUR ACCESS TO AND USE OF SHOP AND SHOP SERVICES, INCLUDING TO
SALES OF PRODUCTS AND SERVICES ON OR THROUGH SHOP (TOGETHER, THE "SHOP
SERVICES"). TO THE EXTENT THERE IS ANY DIRECT CONFLICT BETWEEN THE TERMS AND
THESE SUPPLEMENTAL SHOP TERMS, THESE SUPPLEMENTAL SHOP TERMS SHALL CONTROL. FRGC
- AND NOT THE NHL - OPERATES THE SHOP SERVICES. IF YOU HAVE ANY QUESTIONS,
COMMENTS, OR CONCERNS ABOUT THE SHOP SERVICES, PLEASE CONTACT THE FRGC CUSTOMER
CARE DEPARTMENT AT HTTPS://HELP-NHL.CUSTHELP.COM. BY ACCESSING OR USING THE SHOP
SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY
BOUND BY THE TERMS AND THESE SUPPLEMENTAL SHOP TERMS. FOR EXAMPLE, YOU ARE
SUBJECT TO SECTION 18 OF THE TERMS WHICH CONTAINS AN ARBITRATION PROVISION WHICH
STATES THAT YOU MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND
JURY AND ALSO STATES THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR
OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR
REPRESENTATIVE PROCEEDING. THIS SECTION 18 DOES NOT APPLY TO CONSUMERS RESIDING
IN QUEBEC. DO NOT USE THE SHOP SERVICES IF YOU DO NOT ACCEPT THE TERMS AND THE
SUPPLEMENTAL SHOP TERMS. YOU MAY WISH TO PRINT A COPY OF THESE SUPPLEMENTAL SHOP
TERMS AND THE TERMS OR SAVE THEM TO YOUR DEVICE FOR FUTURE REFERENCE. THE SHOP
SERVICES, THE SUPPLEMENTAL SHOP TERMS, AND THE TERMS MAY BE MODIFIED AT ANY
TIME, FOR EXAMPLE TO REFLECT CHANGES IN LAWS OR REGULATORY REQUIREMENTS. ANY USE
OF THE SHOP SERVICES BY YOU AFTER WE POST MODIFICATIONS TO THE SUPPLEMENTAL SHOP
TERMS OR THE TERMS CONSTITUTES YOUR ACCEPTANCE OF THOSE MODIFICATIONS.
2. PRODUCTS, CONTENT AND SPECIFICATIONS; ACCURACY OF INFORMATION.
THE SHOP SERVICES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT
BE COMPLETE OR CURRENT. WE THEREFORE RESERVE THE RIGHT TO CORRECT ANY ERRORS,
INACCURACIES, OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO
CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT NOTICE. THE INCLUSION OF ANY
PRODUCTS OR SERVICES ON THE SHOP SERVICES AT A PARTICULAR TIME DOES NOT IMPLY OR
WARRANT THAT THESE PRODUCTS OR SERVICES WILL BE AVAILABLE AT ANY TIME(S).
PRODUCTS INCLUDED ON THE SHOP SERVICES MAY BE UNAVAILABLE AND/OR MAY HAVE
DIFFERENT ATTRIBUTES THAN THOSE DESCRIBED ON THE SHOP SERVICES. IN THE EVENT A
PRODUCT IS LISTED AT AN INCORRECT PRICE DUE TO TYPOGRAPHICAL ERROR OR OTHER
ERROR IN PRICING OR OTHER INFORMATION, WE WILL HAVE THE RIGHT TO CANCEL ORDERS
OF ANY SUCH PRODUCT (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED). IF YOUR
PAYMENT CARD HAS ALREADY BEEN CHARGED FOR THE PURCHASE AND YOUR ORDER IS
CANCELLED, FRGC WILL REFUND ANY SUCH CHARGES WITHIN A COMMERCIALLY REASONABLE
PERIOD OF TIME AFTER CANCELLATION. WE CANNOT GUARANTEE ANY COLOR OR TEXTURE OR
DETAIL OF PRODUCTS WILL BE ACCURATELY DISPLAYED ON THE SHOP SERVICES. IN NO
EVENT WILL ANY INFORMATION OR OTHER CONTENT CONTAINED IN THE TERMS OR
SUPPLEMENTAL SHOP TERMS OR ANY AREA OF THE SHOP BE CONSTRUED AS A REPRESENTATION
OR GUARANTEE WITH RESPECT TO ANY CONTENT, SERVICES, OR PRODUCTS. WE DO NOT
GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY DESCRIPTIONS OR OTHER
CONTENT. FURTHER, WE DO NOT ENDORSE, AND ARE NOT RESPONSIBLE FOR, THE ACCURACY
AND RELIABILITY OF ANY OPINION OR STATEMENT MADE VIA THE SHOP SERVICES BY ANY
THIRD PARTY, INCLUDING, WITHOUT LIMITATION, CUSTOMERS OR MANUFACTURERS,
DISTRIBUTORS, OR SUPPLIERS OF PRODUCTS AND SERVICES SOLD THROUGH THE SHOP. WE
ASSUME NO RESPONSIBILITY OR OBLIGATION TO MODIFY OR REMOVE ANY INACCURATE
CONTENT. TO THE EXTENT PERMITTED BY LAW, WE RESERVE THE RIGHT, WITHOUT PRIOR
NOTICE, TO LIMIT THE ORDER QUANTITY ON ANY PRODUCT OR SERVICE, TO REFUSE SERVICE
TO ANY CUSTOMER, OR TO CANCEL ANY ORDER, INCLUDING AFTER IT IS SUBMITTED. WE
ALSO MAY REQUIRE ADDITIONAL VERIFICATIONS OR OTHER INFORMATION PRIOR TO THE
ACCEPTANCE AND/OR SHIPMENT OF ANY ORDER. YOUR RECEIPT OF AN ORDER CONFIRMATION
FROM US DOES NOT SIGNIFY ACCEPTANCE OF YOUR ORDER, NOR DOES IT CONSTITUTE
CONFIRMATION OF AN OFFER TO SELL. IT IS YOUR RESPONSIBILITY TO ASCERTAIN AND
OBEY ALL APPLICABLE LOCAL, STATE, PROVINCIAL, FEDERAL, AND INTERNATIONAL LAWS
(INCLUDING MINIMUM AGE REQUIREMENTS) IN REGARD TO THE POSSESSION, USE, AND SALE
OF ANY ITEM PURCHASED ON OR THROUGH THE SHOP SERVICES. BY PLACING AN ORDER, YOU
REPRESENT THAT THE PRODUCTS ORDERED WILL BE USED ONLY IN A LAWFUL MANNER. ALL
VIDEOS SOLD ARE FOR PRIVATE, HOME USE (WHERE NO ADMISSION FEE IS CHARGED), AND
NON-PUBLIC PERFORMANCE AND MAY NOT BE DUPLICATED. 3. PROMOTIONS AND COUPONS IN
ORDER TO PARTICIPATE IN OR USE CERTAIN SERVICES, PROGRAMS (INCLUDING ANY
CUSTOMER REWARDS OR LOYALTY PROGRAMS), PROMOTIONS, DISCOUNTS, VOUCHERS, OR
COUPONS THAT MAY BE RUN FROM TIME TO TIME WITH RESPECT TO THE SHOP SERVICES
("OFFERS"), YOU MAY BE REQUIRED TO AGREE TO ADDITIONAL OR DIFFERENT TERMS AND
CONDITIONS ("OFFER TERMS"), WHICH MAY BE IMPOSED BY US OR BY PARTICIPATING THIRD
PARTIES, SUCH AS VENDORS OR MERCHANTS THAT ISSUE, SPONSOR, OR ARE ASSOCIATED
WITH AN OFFER. BY USING OR PARTICIPATING IN AN OFFER, YOU INDICATE YOUR
ACCEPTANCE OF ALL APPLICABLE TERMS AND CONDITIONS, INCLUDING THESE SUPPLEMENTAL
SHOP TERMS AND THE OFFER TERMS, IF APPLICABLE, AND AGREE THAT THE OFFER IS A
SHOP SERVICE FOR ALL PURPOSES HEREUNDER. IF THERE IS A CONFLICT BETWEEN THE
TERMS OR SUPPLEMENTAL SHOP TERMS AND ANY OFFER TERMS, THE OFFER TERMS SHALL
CONTROL AND THE NON-CONFLICTING PROVISIONS IN THE TERMS AND THESE SUPPLEMENTAL
SHOP TERMS WILL CONTINUE TO APPLY. FOR EXAMPLE, IF YOU SEEK TO REDEEM A COUPON
CODE ON THE SHOP, YOUR REDEMPTION OF THE COUPON CODE IS SUBJECT TO THE SPECIFIC
OFFER TERMS APPLICABLE TO THAT CODE AND TO THE NON-CONFLICTING PROVISIONS OF THE
TERMS AND THESE SUPPLEMENTAL SHOP TERMS. UNDER THESE SUPPLEMENTAL SHOP TERMS,
UNLESS OTHERWISE PROHIBITED BY LAW, ANY OFFER: (A) IS VALID ONLY AT THE SHOP
SERVICE IDENTIFIED IN THE OFFER AND AT NO OTHER STORE; (B) APPLIES TO IN-STOCK
MERCHANDISE ONLY AND NOT TO GIFT CARDS OR SERVICES; (C) IS NOT VALID FOR CASH OR
CASH EQUIVALENTS; (D) IS LIMITED TO ONE OFFER PER PERSON, HOUSEHOLD, AND/OR
EMAIL ACCOUNT; (E) MUST BE ENTERED AT CHECKOUT AND/OR IN YOUR ACCOUNT TO BE
REDEEMED; (F) MAY NOT BE COMBINED WITH ANY OTHER COUPONS OR OFFERS; (G) MAY ONLY
BE USED ONCE; (H) EXPIRES ON THE DATE SPECIFIED IN THE OFFER, OR, IF NONE, THE
LATER OF FIVE (5) YEARS FROM THE DATE OF ISSUE OR THE DATE REQUIRED BY
APPLICABLE LAW; (I) CANNOT BE REPRODUCED, MODIFIED, SOLD, OR TRADED OR USED TO
PAY ANY TAX, SUCH AS SALES TAX, OR ANY VALUE ADDED SERVICE; (J) CANNOT BE
APPLIED FOR SHIPPING AND HANDLING UNLESS OTHERWISE EXPRESSLY STATED IN THE
APPLICABLE OFFER TERMS; AND (K) MAY CONTAIN OTHER TERMS, CONDITIONS OR
EXCLUSIONS EXPRESSLY STATES IN THE APPLICABLE OFFER TERMS. IN ADDITION, SOME
OFFERS MAY BE IN THE FORM OF A VOUCHER OR COUPON. IF YOU PURCHASE A VOUCHER WITH
PROMOTIONAL VALUE BEYOND THE AMOUNT PAID, YOU MAY REDEEM THE VOUCHER FOR ITS
PROMOTIONAL VALUE UNTIL THE EXPIRATION DATE OF THE PROMOTIONAL PERIOD, OR FOR
THE AMOUNT PAID AFTER THE END OF THE APPLICABLE PROMOTIONAL PERIOD. WE RESERVE
THE RIGHT TO LIMIT, CHANGE, OR CANCEL ANY OFFER OR ASSOCIATED ORDER, WITHOUT
PRIOR NOTICE, EVEN AFTER YOU HAVE ATTEMPTED TO REDEEM THE OFFER OR PLACED YOUR
ASSOCIATED ORDER. 4. SHIPPING LIMITATIONS.
WHEN AN ORDER IS PLACED, IT WILL BE SHIPPED TO THE ADDRESS DESIGNATED BY YOU AS
LONG AS THAT SHIPPING ADDRESS IS COMPLIANT WITH THE SHIPPING RESTRICTIONS
CONTAINED ON THE SHOP SERVICES, SOME OF WHICH YOU CAN VIEW HERE AND HERE. FOR
ALL PURCHASES MADE ON OR THROUGH THE SHOP SERVICES, RISK OF LOSS AND TITLE FOR
ITEMS PURCHASED ON OR THROUGH THE SHOP SERVICES PASS TO YOU UPON DELIVERY OF THE
ITEMS TO THE CARRIER. YOU ARE RESPONSIBLE FOR FILING ANY CLAIMS WITH CARRIERS
FOR DAMAGED AND/OR LOST SHIPMENTS. 5. USE OF THE SHOP SERVICES.
BY ACCESSING AND USING THE SHOP AND SHOP SERVICES, YOU REPRESENT AND WARRANT
THAT: (A) ALL INFORMATION YOU SUBMIT IS TRUTHFUL AND ACCURATE; (B) YOU WILL
MAINTAIN THE ACCURACY OF SUCH INFORMATION; (C) YOU ARE EIGHTEEN (18) YEARS OF
AGE OR OLDER; (D) YOUR USE OF THE SHOP AND SHOP SERVICES DOES NOT VIOLATE ANY
APPLICABLE LAW, RULE, OR REGULATION; AND (E) YOU WILL COMPLY WITH ALL TERMS AND
CONDITIONS SET FORTH IN THE TERMS AND AGREE THAT THE TERMS GOVERNS YOUR ACCESS
TO AND USE OF THE SHOP SERVICES. FRGC IS AN INTENDED THIRD-PARTY BENEFICIARY TO
THE TERMS TO THE EXTENT THEY PERTAIN TO THE SHOP SERVICES, AND ANY REFERENCES IN
THE TERMS OR THESE SUPPLEMENTAL SHOP TERMS REFERENCE TO THE "NHL," "WE," "US,"
"OUR," OR SIMILAR TERMS SHALL BE DEEMED TO INCLUDE FRGC AND ITS AFFILIATES AND
SUBSIDIARIES WHERE APPROPRIATE. WITHOUT LIMITING THE FOREGOING, FRGC SHALL BE
ENTITLED TO DIRECTLY ENFORCE AND RELY UPON ANY PROVISION OF THE TERMS WHICH
CONFERS A BENEFIT ON (OR RIGHTS IN FAVOR OF) THEM. THE CONTENT AND INFORMATION
POSTED BY US ON THE SHOP MAY BE USED BY YOU ONLY FOR INFORMATIONAL, PERSONAL, OR
OTHER PURPOSES AUTHORIZED BY US. YOUR USE OF THE SHOP SERVICES IS GOVERNED BY
THE TERMS AND THESE SUPPLEMENTAL SHOP TERMS. WITHOUT LIMITING THE FOREGOING, THE
DESIGN OF THE SHOP SERVICES AND ALL TEXT, GRAPHICS, INFORMATION, CONTENT,
SOFTWARE, TECHNOLOGY COMPONENTS, AND OTHER MATERIAL USED BY, DISPLAYED ON, OR
THAT CAN BE DOWNLOADED FROM THE SHOP SERVICES ARE EITHER THE PROPERTY OF, OR
USED WITH PERMISSION BY, FRGC, THE NHL, OUR SUPPLIERS, OR OTHER THIRD PARTIES
AND MAY BE PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER LAWS AND MAY NOT BE USED
EXCEPT AS PERMITTED UNDER THE TERMS AND THE SUPPLEMENTAL SHOP TERMS OR WITH THE
PRIOR WRITTEN PERMISSION OF THE OWNER OF SUCH MATERIAL. YOU MAY NOT MODIFY THE
INFORMATION OR MATERIALS LOCATED ON THE SHOP SERVICES IN ANY WAY OR REPRODUCE OR
PUBLICLY DISPLAY, PERFORM, OR DISTRIBUTE OR OTHERWISE USE ANY SUCH MATERIALS FOR
ANY PUBLIC OR COMMERCIAL PURPOSE. ANY UNAUTHORIZED USE OF ANY SUCH INFORMATION
OR MATERIALS MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, LAWS OF PRIVACY AND
PUBLICITY, AND OTHER LAWS AND REGULATIONS. 6. DISCLAIMERS.
ALL PRODUCTS AND SERVICES ACCESSED OR PURCHASED ON OR THROUGH THE SHOP SERVICES
ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES, REPRESENTATIONS OR
CONDITIONS OF ANY KIND, EXCEPT TO THE EXTENT OF ANY APPLICABLE WARRANTIES OF
THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS
AND SERVICES ACCESSED, LISTED, OR PURCHASED ON OR THROUGH THESE SHOP SERVICES,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS AS TO
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SHOP, ITS CONTENT, OR
THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SHOP. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL
LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR,
PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION,
NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE ALSO MAKE NO WARRANTY
REGARDING ANY THIRD-PARTY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH
THE SHOP, AND YOU UNDERSTAND AND AGREE THAT SUCH THIRD-PARTY TRANSACTIONS ARE
CONDUCTED ENTIRELY AT YOUR OWN RISK. IF APPLICABLE LAW DOES NOT ALLOW THE
EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY
TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW. 7. EXCLUSIVE REMEDY AND LIMITATION ON LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL THE NHL,
ITS AFFILIATES, FRGC, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING, WITHOUT
LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE
DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR
INABILITY TO USE THE SERVICES OR ANY SITES LINKED FROM THE SERVICES, HOWEVER
CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE,
EVEN IF THE NHL OR FRGC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM
FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE,
DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR
DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE NHL'S AND FRGC'S LIABILITY IN SUCH
JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL
INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT
MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT
BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF
THE SERVICES.
8. INDEMNIFICATION.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND DEFEND US, OUR PARTNERS,
SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND LICENSORS AND EACH OF OUR AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, CONTRACTORS, AGENTS, EMPLOYEES, SUCCESSORS, AND
ASSIGNS (THE "SHOP PARTIES") FROM AND AGAINST ANY AND ALL DEMANDS, CLAIMS,
DAMAGES, LIABILITIES, JUDGMENTS, FINES, INTEREST, PENALTIES, LOSSES, COSTS,
EXPENSES, AND HARMS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES
AND FEES OF OTHER PROFESSIONAL ADVISERS, ARISING OUT OF OR IN CONNECTION WITH
(I) YOUR USE OF THE SHOP SERVICES, (II) YOUR ONLINE CONDUCT IN CONNECTION WITH
THE SHOP SERVICES, (III) YOUR VIOLATION OR BREACH OF THE TERMS OR SUPPLEMENTAL
SHOP TERMS, (IV) YOUR FAILURE TO COMPLY WITH ANY APPLICABLE LAWS OR REGULATIONS
IN CONNECTION WITH THE SHOP SERVICES, (V) YOUR NEGLIGENCE, WILLFUL MISCONDUCT,
OR VIOLATIONS OF THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON IN
CONNECTION WITH THE SHOP SERVICES, OR (VI) ANY OF YOUR DEALINGS OR TRANSACTIONS
WITH OTHER PERSONS RESULTING FROM USE OF THE SHOP SERVICES. YOU SHALL NOT SETTLE
ANY SUCH CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF THE PARTY ENTITLED TO
INDEMNIFICATION. THESE OBLIGATIONS WILL SURVIVE ANY TERMINATION OF THESE
SUPPLEMENTAL SHOP TERMS.
9. MISCELLANEOUS.
YOU AGREE TO RESOLVE ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE SHOP
SERVICES OR THESE SUPPLEMENTAL SHOP TERMS AS SET FORTH IN SECTION 18 OF THE
TERMS. THE FOREGOING SENTENCE DOES NOT APPLY TO CONSUMERS RESIDING IN QUEBEC. IN
THE EVENT THAT SUCH A DISPUTE IS SOLELY WITH FRGC (AND DOES NOT INVOLVE NHL OR
ITS AFFILIATES AND PARTNERS OR OTHER PARTIES) AND YOU CONCLUSIVELY DEMONSTRATE
THAT YOUR PAYMENT OF AMERICAN ARBITRATION ASSOCIATION FEES FOR ANY SUCH
PROCEEDING IS COST-PROHIBITIVE, FRGC WILL CONSIDER IN GOOD FAITH PAYING ALL OR A
PORTION OF SUCH FEES ON YOUR BEHALF TO PREVENT THE ARBITRATION FROM BEING
COST-PROHIBITIVE. YOU HEREBY ACKNOWLEDGE AND CONSENT THAT SUCH NOTICES WILL BE
EFFECTIVE UPON OUR POSTING THEM ON THE SHOP SERVICES OR, IF WE CHOOSE TO DO SO
IN OUR SOLE DISCRETION, DELIVERING THEM TO YOU THROUGH EMAIL IF YOU HAVE
PROVIDED US WITH YOUR ACCURATE EMAIL ADDRESS. OUR PERFORMANCE UNDER THESE
SUPPLEMENTAL SHOP TERMS IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND
NOTHING CONTAINED IN THE TERMS OR IN THESE SUPPLEMENTAL SHOP TERMS IS IN
DEROGATION OF OUR RIGHT TO COMPLY WITH GOVERNMENTAL, COURT, AND LAW ENFORCEMENT
REQUESTS OR REQUIREMENTS RELATING TO YOUR ACCESS TO OR USE OF THE SHOP OR SHOP
SERVICES OR INFORMATION PROVIDED TO OR GATHERED BY US WITH RESPECT TO SUCH USE.
IF ANY PART OF THE THESE SUPPLEMENTAL SHOP TERMS IS DETERMINED TO BE INVALID OR
UNENFORCEABLE PURSUANT TO APPLICABLE LAW INCLUDING, WITHOUT LIMITATION, THE
WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH ABOVE, THEN THE INVALID
OR UNENFORCEABLE PROVISION WILL BE DEEMED SUPERSEDED BY A VALID, ENFORCEABLE
PROVISION THAT MOST CLOSELY MATCHES THE INTENT OF THE ORIGINAL PROVISION AND THE
REMAINDER OF THE SUPPLEMENTAL SHOP TERMS SHALL CONTINUE IN EFFECT. FOR THE
AVOIDANCE OF DOUBT, THESE TERMS OF USE APPLY SOLELY TO THE EXTENT PERMITTED BY
LAW 10. ADDITIONAL ASSISTANCE.
IF YOU DO NOT UNDERSTAND ANY OF THE FOREGOING SUPPLEMENTAL SHOP TERMS, OR IF YOU
HAVE ANY QUESTIONS OR COMMENTS ABOUT THE SHOP SERVICES, WE INVITE YOU TO CONTACT
US AT HTTPS://NHLCA.CUSTHELP.COM.
TERMS OF SERVICE
SUPPLEMENTAL SHOP TERMS OF SERVICE APPLICABLE TO SHOP.NHL.COM
These Supplemental Shop Terms of Service are effective as of January 1, 2020.
ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS OF SERVICE
AGREEMENT OR THE WEBSITE, PLEASE CONTACT FAN SERVICES TOLL FREE AT
1-855-438-0681 (OR 1-904-685-7858 IF OUTSIDE THE UNITED STATES), 24 HOURS A DAY,
7 DAYS A WEEK (OR VIA OUR CONTACT US PAGE HERE)
WHILE THERE ARE SIGNIFICANT POINTS THROUGHOUT THESE TERMS, PLEASE NOTE SECTION 6
AND 7 BELOW CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY IN ADDITION TO
DISCLAIMERS OF WARRANTIES (SECTION 12), DISCLAIMERS OF LIABILITY AND AN
EXCLUSIVE REMEDY (SECTION 13), AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION
WAIVER (SECTION 18) ABOVE.
--------------------------------------------------------------------------------
TABLE OF CONTENTS
* 1. This is a Legal Agreement
* 2. Products, Content and Specifications; Accuracy of Information.
* 2. Placing an Order; Limitations; Acceptance
* 3. Promotions and Coupons
* 5. FanCash
* 6. Shipping Limitations
* 7. Use of the Shop Services
* 8. DISCLAIMERS
* 9. EXCLUSIVE REMEDY AND LIMITATION ON LIABILITY
* 10. Indemnification
* 11. Miscellaneous
* 12. Additional Assistance
--------------------------------------------------------------------------------
1. THIS IS A LEGAL AGREEMENT
These Supplemental Shop Terms of Service (the "Supplemental Shop Terms") govern
your access to and use of the shop.nhl.com websites and online services
("Shop"). These Supplemental Shop Terms are a legal agreement between you and
NHL Interactive CyberEnterprises, LLC and its affiliates, including NHL
Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., and the
National Hockey League (collectively, "NHL"), and Fanatics Retail Group North,
LLC and its affiliates (collectively, "FRGN"), which operate Shop on behalf of
the NHL (FRGN and NHL, collectively, "we" or "us"). Your access to and use of
Shop also is governed by and subject to the NHL Terms of Service (the "Terms").
The Supplemental Shop Terms set forth certain additional terms and conditions
that apply to your access to and use of Shop and Shop services, including to
sales of products and services on or through Shop (together, the "Shop
Services"). To the extent there is any direct conflict between the Terms and
these Supplemental Shop Terms, these Supplemental Shop Terms shall control. For
the sake of clarity, silence with respect to a particular item in either the
Terms or these Supplemental Shop Terms does not constitute a conflict.
FRGN - and not the NHL - operates the Shop Services and is the seller of record
for Shop. If you have any questions, comments, or concerns about the Shop
Services, please contact the FRGN customer care department at
https://help-nhl.custhelp.com.
BY ACCESSING OR USING THE SHOP SERVICES, YOU AGREE THAT YOU HAVE READ,
UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND THESE SUPPLEMENTAL
SHOP TERMS.
DO NOT USE THE SHOP SERVICES IF YOU DO NOT ACCEPT THE TERMS AND THE SUPPLEMENTAL
SHOP TERMS. IF YOU ARE DISSATISFIED WITH THE TERMS OR SUPPLEMENTAL SHOP TERMS IN
CONNECTION WITH YOUR USE OF OR ACCESS TO THE SHOP SERVICES, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SHOP SERVICES.
You may wish to print a copy of these Supplemental Shop Terms and the Terms or
save them to your device for future reference. These Supplemental Shop Terms
and/or the Terms may be modified at any time, for example to reflect changes in
laws or regulatory requirements. Any use of the Shop Services by you after we
post modifications to the Supplemental Shop Terms or the Terms constitutes your
acceptance of those modifications.
2. PRODUCTS, CONTENT AND SPECIFICATIONS; ACCURACY OF INFORMATION.
The Shop Services may contain typographical or other errors or inaccuracies and
may not be complete or current. We therefore reserve the right to correct any
errors, inaccuracies, or omissions (including after an order has been submitted)
and to change or update information at any time without notice. The inclusion of
any products or services on the Shop Services at a particular time does not
imply or warrant that these products or services will be available at any
time(s). Products included on the Shop Services may be unavailable and/or may
have different attributes than those described on the Shop Services. In the
event a product is listed at an incorrect price due to typographical error or
other error in pricing or other information, we will have the right to cancel
orders of any such product (including after an order has been submitted). If
your payment card has already been charged for the purchase and your order is
cancelled, FRGN will refund any such charges within a commercially reasonable
period of time after cancellation (the time it takes for your financial
institution to process the refund may vary and is governed by your agreement
with them). We cannot guarantee any color or texture or detail of products will
be accurately displayed on the Shop Services. In no event will any information
or other content contained in the Terms or Supplemental Shop Terms or any area
of the Shop be construed as a representation or guarantee with respect to any
content, services, or products. We do not guarantee the accuracy, completeness,
or usefulness of any descriptions or other content. Further, we do not endorse,
and are not responsible for, the accuracy and reliability of any opinion or
statement made via the Shop Services by any third party, including, without
limitation, customers or manufacturers, distributors, or suppliers of products
and services sold through the Shop. We assume no responsibility or obligation to
modify or remove any inaccurate content.
2. PLACING AN ORDER; LIMITATIONS; ACCEPTANCE
We reserve the right, without prior notice, to limit the order quantity on any
product or service, to refuse service to any customer, or to cancel any order,
including after it is submitted. We also may require additional verifications or
other information prior to the acceptance and/or shipment of any order. Your
receipt of an order confirmation from us does not signify acceptance of your
order, nor does it constitute confirmation of an offer to sell. We accept your
order only upon shipment of the product.
It is your responsibility to ascertain and obey all applicable local, state,
federal, and international laws (including minimum age requirements) in regard
to the possession, use, and sale of any item purchased on or through the Shop
Services. By placing an order, you represent that the products ordered will be
used only in a lawful manner and that you have a right to use any payment method
that you provide to use. All videos sold are for private, home use (where no
admission fee is charged), and non-public performance and may not be duplicated.
You may not purchase products with the intent to resell them.
3. PROMOTIONS AND COUPONS
In order to participate in or use certain services, programs (including any
customer rewards or loyalty programs), promotions, discounts, vouchers, or
coupons that may be run from time to time with respect to the Shop Services
("Offers"), you may be required to agree to additional or different terms and
conditions ("Offer Terms"), which may be imposed by us or by participating third
parties, such as vendors or merchants that issue, sponsor, or are associated
with an Offer. By using or participating in an Offer, you indicate your
acceptance of all applicable terms and conditions, including the Terms, these
Supplemental Shop Terms and, if applicable, the Offer Terms, and agree that the
Offer is a Shop Service for all purposes hereunder. If there is a conflict
between the Terms or Supplemental Shop Terms, on the one hand, and any Offer
Terms, on the other hand, the Offer Terms shall control solely with respect to
such Offer and the non-conflicting provisions in the Terms and these
Supplemental Shop Terms will continue to apply to such Offer. For example, if
you seek to redeem a coupon code on the Shop, your redemption of the coupon code
is subject to the specific Offer Terms applicable to that code and to the
non-conflicting provisions of the Terms and these Supplemental Shop Terms. For
the sake of clarity, silence with respect to a particular item in either the
Terms or these Supplemental Shop Terms or any Offer Terms does not constitute a
conflict.
If an Offer does not contain Offer Terms, then only the Terms and these
Supplemental Shop Terms apply. Under these Supplemental Shop Terms, unless
otherwise prohibited by law, any Offer: (a) is valid only at the Shop Service
identified in the Offer and at no other store; (b) applies to in-stock
merchandise only and not to gift cards or services; (c) is not valid for cash or
cash equivalents; (d) is limited to one Offer per person; (e) must be entered at
checkout and/or in your account to be redeemed; (f) may not be combined with any
other coupons or offers; (g) may only be used once; (h) expires on the date
specified in the Offer, or, if none, the later of five (5) years from the date
of issue or the date required by applicable law, and (i) cannot be reproduced,
modified, sold, or traded or used to pay any tax, such as sales tax, or any
value added service. In addition, some Offers may be in the form of a voucher or
coupon. If you purchase a voucher with promotional value beyond the amount paid,
you may redeem the voucher for its promotional value until the expiration date
of the promotional period, or for the amount paid after the end of the
applicable promotional period. We reserve the right to limit, change, or cancel
any Offer or associated order, without prior notice, even after you have
attempted to redeem the Offer or placed your associated order.
5. FANCASH
FanCash is a loyalty discount program offered and administered by FRGN on Shop
(and, for clarity, is not an NHL program). FanCash is redeemable only toward
future purchases on websites then participating in the FanCash program (which
currently includes Shop) or, at FRGN’s discretion, certain other websites
operated by FRGN or one of FRGN’s affiliates (any such website, a “FanCash
Website”). No consideration is required from you to obtain FanCash. In order to
obtain FanCash you must make a qualifying purchase through a FanCash Website (i)
while logged into a customer account on such FanCash Website registered with a
valid email address, or (ii) as a guest on such FanCash Website and subsequently
claim the FanCash by creating a customer account or logging into your existing
customer account prior to your next order (as specifically instructed after your
purchase). All merchandise (including sale and promotional items) purchased on a
FanCash Website is eligible for earning FanCash, except purchases of gift cards.
Gift cards may not be used to obtain or earn FanCash. The amount of FanCash a
customer can earn when purchasing merchandise from Shop is identified during the
checkout process. If you return merchandise that was purchased using FanCash,
FanCash used towards the purchase will be credited to your FanCash balance, and
FRGN reserves the right to deduct FanCash earned on the purchase from your
FanCash balance. When you login to your customer account, you may view your
FanCash balance, which will be applied automatically toward the next qualifying
purchase. The list of FanCash Websites will also be available when you login to
your customer account. Use the same email address to login on each FanCash
Website in order to link your FanCash balance to the site, see your balance, and
use your FanCash. Unless required by law, FanCash is not redeemable for cash,
and cannot be transferred, sold or distributed to others and cannot be applied
to shipping, expenses or sales taxes. You will receive periodic emails about
your FanCash balances and program news or promotions. Your FanCash balance
expires at 11:59 PM EST 12/31 of the year in which it was earned, unless
otherwise specified at the time of earning. FRGN reserves the right to
discontinue FanCash or modify the terms applicable to FanCash at any time.
FanCash is a registered trademark of Fanatics, Inc.
6. SHIPPING LIMITATIONS
When an order is placed, it will be shipped to the address designated by you as
long as that shipping address is compliant with the shipping restrictions
contained on the Shop Services, which you can view here and here. For all
purchases made on or through the Shop Services, risk of loss and title for items
purchased on or through the Shop Services pass from FRGN to you upon delivery of
the items to the carrier. You are responsible for filing any claims with
carriers for damaged and/or lost shipments.
7. USE OF THE SHOP SERVICES
By accessing and using the Shop and Shop Services, you represent and warrant
that: (a) all information you submit is truthful and accurate; (b) you will
maintain the accuracy of such informatTerms(c) you are eighteen (18) years of
age or older; (d) your use of the Shop and Shop Services does not violate any
applicable law, rule, or regulation; and (e) you will comply with all terms and
conditions set forth in the Terms and these Supplemental Shop Terms and agree
that the Terms and these Supplemental Shop Terms govern your access to and use
of the Shop Services. FRGN is an intended third-party beneficiary to the Terms
to the extent they pertain to the Shop Services, and any references in the Terms
to the "NHL," "we," "us," "our," or similar terms shall be deemed to include
FRGN and its affiliates and subsidiaries where appropriate. Without limiting the
foregoing, FRGN and the NHL shall be entitled to directly enforce and rely upon
any provision of the Terms which confers a benefit on (or rights in favor of)
them.
The content and information posted by us on the Shop may be used by you only for
informational, personal, or other purposes authorized by us. Your use of the
Shop Services is governed by the Terms and these Supplemental Shop Terms.
Without limiting the foregoing, the design of the Shop Services and all text,
graphics, information, content, software, technology components, and other
material used by, displayed on, or that can be downloaded from the Shop Services
are either the property of, or used with permission by, FRGN, the NHL, our
suppliers, and/or other third parties, and may be protected by copyright,
trademark, and other laws and may not be used except as permitted under
the Terms and the Supplemental Shop Terms or with the prior written permission
of the owner of such material. You may not modify the information or materials
located on the Shop Services in any way or reproduce or publicly display,
perform, or distribute or otherwise use any such materials for any public or
commercial purpose. Any unauthorized use of any such information or materials
may violate copyright laws, trademark laws, laws of privacy and publicity, and
other laws and regulations.
You may not use the Shop Services for any unauthorized use or for any illegal or
unlawful purpose. Any unauthorized use or violation of these Supplemental Shop
Terms may immediately terminate your right to use and access the Shop Services
and may subject you to legal liability. Appropriate legal action may also be
taken for any illegal or unauthorized use of the Shop Services. We may remove
any unauthorized content or links, etc. without notice. In addition to those
examples set forth in Section 2 or Section 3 of the Terms, you may not attempt
to include any of the following in merchandise that is offered for sale through
the Shop Services and that permits user-added or user-generated content (e.g., a
personalized jersey): (i) images that contain obscene, profane, pornographic or
otherwise objectionable content; (ii) images, names or likenesses owned by any
third party without such third party’s authorization; (iii) any images of a
person who has current or remaining collegiate athletic eligibility; or (iv) any
images that include the name, image, or likeness of any celebrity, public figure
or individual who has not authorized the use of his or her name, image or
likeness.
8. DISCLAIMERS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SHOP IS AT
YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR COMPLYING WITH THE TERMS, THESE
SUPPLEMENTAL SHOP TERMS AND ALL APPLICABLE LAW WITH RESPECT TO USE OF SHOP AND
THE SHOP SERVICES. ALL PRODUCTS AND SERVICES ACCESSED OR PURCHASED ON OR THROUGH
THE SHOP SERVICES ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR
REPRESENTATIONS OF ANY KIND, EXCEPT TO THE EXTENT OF ANY APPLICABLE WARRANTIES
OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES ACCESSED, LISTED,
OR PURCHASED ON OR THROUGH THESE SHOP SERVICES, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE
SHOP, ITS CONTENT, OR THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR
THROUGH THE SHOP. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY
EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE
DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER
PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION TO THE
EXTENT NOT CAUSED BY US. WE ALSO MAKE NO WARRANTY REGARDING ANY THIRD-PARTY
TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THE SHOP, AND YOU UNDERSTAND
AND AGREE THAT SUCH THIRD-PARTY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN
RISK. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SHOP OR THE SHOP
SERVICES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR
ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SHOP OR THE SERVER(S) THAT
MAKES IT AVAILABLE IS/ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR THE USE OF SHOP OR
THE SHOP SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS
CONTAINED THEREIN. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL
OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE
EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE SUPPLEMENTAL SHOP TERMS.
9. EXCLUSIVE REMEDY AND LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL THE NHL,
ITS AFFILIATES, FRGN, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING, WITHOUT
LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE
DAMAGES OR LOST PROFITS ARISING OUT OF THE SUPPLEMENTAL SHOP TERMS OR YOUR
ACCESS, USE, MISUSE, OR INABILITY TO USE THE SHOP SERVICES OR ANY SITES LINKED
FROM THE SHOP SERVICES, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE SHOP
SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, EVEN IF THE NHL OR FRGN HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL
MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO
YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY
WEBSITE LINKED TO IT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE NHL'S AND FRGN'S LIABILITY IN SUCH
JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW. NOTHING IN THESE SUPPLEMENTAL SHOP TERMS EXCLUDES OR LIMITS OUR
LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD
OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH
LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
ANY CLAIM AGAINST US SHALL BE LIMITED TO THE GREATER OF THE FEES YOU PAID TO US
FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM OR ONE
HUNDRED UNITED STATES DOLLARS.
10. INDEMNIFICATION
You agree to indemnify, hold harmless, and defend us, our partners,
subsidiaries, affiliates, suppliers, and licensors and each of our and their
respective officers, directors, contractors, agents, employees, successors, and
assigns (the "Shop Parties") from and against any and all demands, claims,
damages, liabilities, judgments, fines, interest, penalties, losses, costs,
expenses, and harms, including, without limitation, reasonable attorneys' fees
and fees of other professional advisers, arising out of or in connection with
(i) your use of the Shop Services, (ii) your online conduct in connection with
the Shop Services, (iii) your violation or breach of the Terms or Supplemental
Shop Terms, (iv) your failure to comply with any applicable laws or regulations
in connection with the Shop Services, (v) your negligence, willful misconduct,
or violations of the intellectual property or other rights of any person in
connection with the Shop Services, or (vi) any of your dealings or transactions
with other persons resulting from use of the Shop Services. You shall not settle
any such claim without the prior written consent of the party entitled to
indemnification. These obligations will survive any termination of these
Supplemental Shop Terms.
11. MISCELLANEOUS
You agree to resolve any dispute arising out of or in connection with the Shop
Services or these Supplemental Shop Terms as set forth in Section 18 of the
Terms. YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO
COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. YOU AND WE ALSO AGREE
THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY NOT AS A PLAINTIFF OR CLASS
REPRESENTATIVE, MEMBER OF OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS,
COLLECTIVE, OR REPRESENTATIVE PROCEEDING AND NOT THROUGH ANY CLASS ACTION, (B)
IF A CLAIM PROCEEDS IN COURT ANYWAY, WE BOTH WAIVE ANY RIGHT TO A JURY TRIAL;
AND (C) EITHER YOU OR WE MAY SEEK A COURT INJUNCTION REGARDING INTELLECTUAL
PROPERTY INFRINGEMENT. ARBITRATION DOES NOT INVOLVE A JUDGE OR JURY. In the
event that such a dispute is solely with FRGN (and does not involve NHL or its
affiliates and partners or other parties) and you conclusively demonstrate that
your payment of American Arbitration Association fees for any such proceeding is
cost-prohibitive, FRGN will consider in good faith paying all or a portion of
such fees on your behalf to prevent the arbitration from being cost-prohibitive.
You hereby acknowledge and consent that such notices will be effective upon our
posting them on the Shop Services or, if we choose to do so in our sole
discretion, delivering them to you through email if you have provided us with
your accurate email address. Our performance under these Supplemental Shop Terms
is subject to existing laws and legal process, and nothing contained in the
Terms or in these Supplemental Shop Terms is in derogation of our right to
comply with governmental, court, and law enforcement requests or requirements
relating to your access to or use of the Shop or Shop Services or information
provided to or gathered by us with respect to such use. If any part of these
Supplemental Shop Terms is determined to be invalid or unenforceable pursuant to
applicable law including, without limitation, the warranty disclaimers and
liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the
Supplemental Shop Terms shall continue in effect.
12. ADDITIONAL ASSISTANCE
If you do not understand any of the foregoing Supplemental Shop Terms, or if you
have any questions or comments about the Shop Services, we invite you to contact
us.
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