Last Updated: March 8, 2023
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 12), EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY (SECTION 13), A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE (SECTION 18), AND CLASS ACTION WAIVER AND JURY TRIAL WAIVER (SECTION 19), THAT EACH APPLY TO THE EXTENT PERMITTED BY LAW AND AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE TERMS CAREFULLY.
These Terms of Service (the "Terms") are a legal agreement between you, on the one hand, and NHL Interactive CyberEnterprises, LLC and its affiliates (current and future), including NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., and the National Hockey League (collectively, the "NHL Entities"), and the member clubs of the National Hockey League ("NHL Member Clubs", and together with the NHL Entities, "NHL", "our", "we" or "us"), on the other hand, governing your access to and use of the digital platforms, 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 mobile application, and NHL.TV, and may include content that may be shown or otherwise displayed in or through the Services, including but not limited to NHL Content (as defined in Section 7), User Content (as defined in Section 3) and Third-Party Materials (as defined in Section 11).
Certain service providers of ours may operate portions of the Services (i.e., Disney Streaming Services operates NHL.com and the NHL app, and Sportradar and its merchant vendor, Cleeng, operate NHL.TV) (each, a "Service Provider") and you agree that all Service Providers, their respective successors and permitted assigns, and their respective 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 these Terms carefully before using the Services. It is your responsibility to check these Terms periodically for changes. Your access to and use of the Services indicates your acceptance and agreement to be bound by the Terms. Do not access or use the Services if you do not accept the Terms. Subject to applicable law (which may include the Province of Quebec), we may impose new conditions or amend or modify the Services or the Terms at any time, for example to reflect changes in laws or regulatory requirements. Any access to or use of the Services by you after we post modifications to the Terms constitutes your acceptance of those modifications and shall apply to your access and use of the Services.
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:
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. If you commit or cause such violations, we may suspend or terminate your access to the Services for any or no reason at any time without notice.
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, data 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 (collectively, "User Content"). You represent and warrant that you own the User Content or you have the necessary rights to provide the User Content pursuant to these Terms, and with respect to any works of authorship you represent and warrant that they are original works. You agree not to provide User Content that:
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/territorial, national, or international law.
By providing us User Content, you grant us a royalty-free, fully paid up, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, disclose, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content (in its entirety or any portion thereof) for any purpose, in any manner to the extent permitted by law, 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 and warrant that you have obtained all necessary permissions from any entity or person (and, in the case of minors, also from their parents or legal guardians as appropriate) identified in, displayed in or implicated by your submission of User Content (including those shown in photographic or video content).
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. By providing your User Content to us, you agree to these Terms.
We are not obligated to publish or use your User Content. The posting or publishing of any User Content, NHL Content or Third-Party Material is not in any way intended to and does not state, suggest, or imply endorsement by the NHL, including as to the truth, validity, or reliability of the User Content, NHL Content or Third-Party Material. The NHL is not responsible for any User Content or Third-Party Material and has no duty to monitor the User Content or Third-Party Material posted on the Services. Any use of information contained in User Content, NHL Content, or Third-Party Material is 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, NHL Content, Third-Party Material, 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 access or use by you of the Services, any User Content on the Services, or these Terms. You shall not post or 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, NHL Content or Third Party Material. 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. 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/her/or their User Content and any legal liability that he/she/they may incur.
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.
Blackout restrictions may apply to Services which allow you to watch video of live games, or highlights, such as NHL.TV. With respect to NHL.TV, the scheduled game may be blacked out and not available for viewing live if such 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 no later than twenty-four (24) hours after the game has been completed.
With respect to games streamed on ESPN+ or through Sportsnet (i.e., SN NOW), during the regular NHL season, Stanley Cup Playoffs, and Stanley Cup Final, the scheduled game may be blacked out and not available for live viewing if:
For more information on applicable blackout restrictions, please visit https://www.nhl.com/info/nhltv-blackout-detector.
IF YOU CIRCUMVENT OR ATTEMPT TO CIRCUMVENT ANY BLACKOUT RESTRICTION OR OTHER USE RESTRICTION: YOUR SUBSCRIPTION WILL BE SUBJECT TO IMMEDIATE TERMINATION AND, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), 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.
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 Entities have 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 applicable password and username that you are given or select, and you are responsible for all activities that occur under your applicable password or account.
All content, information, computer code, software, and any other materials that are part of the Services other than your User Content or Third-Party Materials (collectively, the "NHL Content") and the Services are the property of the NHL. You may access, use, and display the Services, but only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms.
The NHL's designated agent for notice of claims of copyright is:
NHL Enterprises, L.P.
DMCA Agent -- Senior Vice President, Legal
One Manhattan West
395 9th Avenue
New York, NY 10001
NHL.com/contact (select "DMCA" for the subject line)
Phone: (212) 789-2000
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.
The Services and all other materials offered via the Services, including but not limited to NHL Content, User Content, and Third-Party Materials, if applicable, are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform, or create derivative works of them.
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.
The NHL may change or terminate these Terms for any reason at any time, for example to reflect changes in laws or regulatory requirements, and such changes will be binding upon you when you next use a Service. 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, subject to Section 4. Subject to applicable law (which may include the Province of Quebec), 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.
You may choose to purchase merchandise, content, subscriptions, NFTs, or other products or services from others, such as third-party merchants, marketplaces, app stores, platforms, and others (collectively, "Merchants"), including Merchants that are linked to or otherwise accessible through the Services. Any terms, conditions, warranties, or representations from Merchants regarding purchases from Merchants are solely between you and the Merchant. We are not responsible for losses or damages of any kind resulting from such purchases, and we make no representation or warranty regarding purchases through any Merchant.
IF APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE IMPLIED OR STATUTORY WARRANTIES IN THESE TERMS TO APPLY TO YOU, SUCH EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
YOUR ACCESS TO AND USE OF THE SERVICES AND THE MATERIALS PROVIDED THEREIN, INCLUDING BUT NOT LIMITED TO THE NHL CONTENT AND THE THIRD-PARTY MATERIALS, 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 OR THE NHL CONTENT OR THIRD-PARTY MATERIALS. THE SERVICES AND THE MATERIALS PROVIDED THEREIN, INCLUDING BUT NOT LIMITED TO THE NHL CONTENT AND THIRD-PARTY MATERIALS, 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 OR CANADA. NO ORAL OR WRITTEN INFORMATION MADE AVAILABLE BY OR ON BEHALF OF THE NHL SHALL CREATE ANY WARRANTY.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION THE NEGLIGENCE OF SUCH AN ENTITY, WILL THE NHL, OR ANY THIRD PARTY INVOLVED IN HOSTING, OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES (INCLUDING THE SUBSCRIPTION SERVICES) (COLLECTIVELY, THE "NHL PARTIES") 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 PARTIES 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, EMBEDDING, OR DOWNLOADING OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.
BECAUSE SOME JURISDICTIONS (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE NHL PARTIES' 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.
SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR ACCESS TO OR USE OF THE SERVICES. YOU AGREE TO GIVE NHL WRITTEN NOTICE OF ANY CLAIM BY YOU AGAINST NHL WITHIN ONE (1) YEAR OF THE EVENTS OR FACTS GIVING RISE TO THE CLAIM.
You agree to indemnify, hold harmless, and defend the NHL Parties, 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 attorneys' fees and fees of other professional advisers, arising out of or in connection with (i) your access to or 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 access to or 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.
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 access to or 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 access to or use thereof, and your access to or 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.
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.
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.
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION WILL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC).
For purposes of these Sections 18-20, "NHL" shall include the NHL (as defined herein) and its respective employees, directors, officers, agents and representatives. Notwithstanding any other provision in these Terms, you and the NHL agree and acknowledge that these Terms evidence a transaction involving interstate commerce and that the Federal Arbitration Act will govern their interpretation and enforcement and any proceedings relating to such interpretation or enforcement.
Definition of Dispute.
Mandatory Informal Pre-Dispute Resolution Process.
Before initiating an arbitration proceeding, you or the NHL must give the other party notice of the Dispute by providing a written "Notice of Dispute" that is personally signed by you (if you are initiating the Notice of Dispute) or an NHL representative (if we are initiating the Notice of Dispute). The Notice of Dispute must contain the following information: (1) name, contact information (address, telephone number, and email address), and account information if applicable; (2) a detailed description of the nature and basis of the Dispute; and (3) a detailed description of the nature and basis of the relief sought, including a calculation for it.
You must send any such Notice of Dispute to the NHL by email to ADR@nhl.com. We must send any such Notice of Dispute to you at the email address we have on file for you. You and the NHL agree to attempt to resolve the Dispute through informal, good faith negotiations for a sixty (60) day period from the date that a completed Notice of Dispute is received (or a longer period, if agreed to by the parties). If the party receiving the Notice of Dispute requests a telephone settlement conference as part of this informal process, you and the NHL agree to participate in an effort to resolve the Dispute. Should the NHL make this request, you agree to attend this conference (with your counsel, if you are represented). Should you make the request, the NHL agrees to have a representative attend this conference (with counsel, if the NHL is represented).
Compliance with this "Mandatory Informal Pre-Dispute Resolution Process" is a condition precedent to initiating arbitration. Neither you nor the NHL may initiate an arbitration proceeding absent such compliance. If the sufficiency of a Notice of Dispute or compliance with this process is at issue, it may be decided by a court of competent jurisdiction at either party's election, and any arbitration proceeding shall be stayed. Such court shall have the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration and the assessment and collection of arbitration administrative fees. Notwithstanding the foregoing, either party may elect to raise non-compliance with this Mandatory Informal Pre-Dispute Resolution Process and seek relief in arbitration.
Any applicable limitations period (including the statute of limitations) and any filing fee deadlines shall be tolled while you and the NHL engage in this Mandatory Informal Pre-Dispute Resolution Process in an effort to resolve the Dispute.
Small Claims Court.
Any Dispute that falls within the jurisdictional scope and limits of the small claims court where you reside must be brought in that court on an individual basis. Such Dispute must remain in small claims court and may not be removed or appealed to a court of general jurisdiction.
Except as otherwise provided herein, any Dispute that is not resolved through the Mandatory Informal Pre-Dispute Resolution Process or small claims court shall be resolved by binding arbitration to be held in the county or parish in which you reside.
The arbitration shall be administered by the American Arbitration Association ("AAA") and heard by a single, neutral arbitrator. The AAA shall administer the arbitration in accordance with the AAA's applicable rules including the supplementary rules ("AAA Rules"), as modified by these Terms. The AAA Rules are available at www.adr.org. If the AAA is unable or unwilling to administer the arbitration consistent with these Terms, the parties shall agree on an alternative provider that will do so. If the parties cannot agree, they shall jointly petition a court of competent jurisdiction to appoint an arbitration provider that will do so.
The party seeking to initiate arbitration must provide the other party with the demand for arbitration as specified in the AAA Rules and these arbitration provisions. If you are initiating arbitration, you shall serve the demand on the NHL by email to ADR@nhl.com. If the NHL is initiating arbitration, the NHL shall serve the demand at the email address that we have on file for you. The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, that party (and their counsel, if represented) certifies that they have complied with (1) the Mandatory Informal Pre-Dispute Resolution Process (and they shall attach the Notice of Dispute) and (2) the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.
The AAA Rules shall govern the payment of all arbitration fees. You and the NHL agree that arbitration is designed to be cost-effective for all parties. Either party may engage with the AAA to discuss fee reductions and deferred payments. All issues are for the arbitrator to decide except the following, which are for a court of competent jurisdiction to decide: (1) issues that are specifically reserved for a court in these Terms and (2) issues related to the scope and enforceability of the arbitration provisions.
The arbitrator may award relief, including, but not limited to, monetary, declaratory, injunctive, or other equitable relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator must follow these Terms and can award the same individualized damages and relief as a court, including injunctive or other equitable relief necessary to provide relief as to the individualized claim. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Unless you and the NHL otherwise agree, one person's claims may not be consolidated with those of any other person. If a court determines that a claim or request for public injunctive relief may not be waived and all appeals from that decision have been exhausted (or it is otherwise final), you and the NHL agree that any claim or request for public injunctive relief shall be stayed and resolved by a court pending arbitration of the remaining claims and requests for relief.
The decision of the arbitrator shall be in writing and shall set forth the essential findings of fact and legal analysis. A judgment to enforce the award may be entered by a court of competent jurisdiction, however, any award that has been satisfied may not be filed or entered in court. The decision of the arbitrator shall have no preclusive effect in any proceeding involving non-identical parties.
Each party reserves the right to request a telephonic, video, or in-person hearing from the arbitrator. You and the NHL's representative shall personally appear at any hearing ordered by the arbitrator (along with your and the NHL's counsel, if represented). For claims of more than $25,000 (and for claims seeking individualized injunctive, equitable, or declaratory relief that are not subject to small claims court as set forth above), a telephone, virtual, or in-person hearing shall be held and you and the NHL's representative shall personally appear (along with your and the NHL's counsel, if represented). The parties can agree to waive a hearing.
Additional Procedures for Multiple Case Filings.
The following provisions set forth additional procedures that apply to multiple case filings. If fifty (50) or more similar claims are asserted against the NHL by the same or coordinated counsel or are otherwise coordinated (and your claim is one of them), you understand and agree that these additional procedures shall apply and the resolution of your Dispute might be delayed.
Each case within any given stage shall be assigned to a different, single arbitrator, unless the parties otherwise agree in writing. If your claim is not resolved as part of the staged process set forth above, either:
Any relevant limitations period and filing fee or other deadlines shall be tolled subject to these Additional Procedures for Multiple Case Filings from the time the first cases are selected for a staged process until your claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration.
A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Multiple Case Filings and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment and collection of arbitration fees. If these Additional Procedures for Multiple Case Filings apply to your claim, and a court of competent jurisdiction determines they are not enforceable as to your claim, then your claim shall proceed in a court of competent jurisdiction consistent with these Terms.
• Opt Out of Future Changes.
If the NHL makes any future change to the arbitration provisions in this Section 18 (other than a change to the notice address), you may reject any such change by sending the NHL a personally signed, written notice of your decision to opt out of those changes by email to ADR@nhl.com within thirty (30) days of notice of the change and include your full name and your mailing address, telephone number, and email address, and a description of when and how you interacted with the NHL. Such opt out must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. It must include a statement that you wish to reject the change to the arbitration provisions. This is not an opt out of arbitration altogether.
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. THIS SECTION WILL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC).
You and the NHL agree that, to the fullest extent permitted by applicable law, each party may bring claims (whether in court or in arbitration) against the other only in an individual capacity, and not participate as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding. This means that you and the NHL may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and the NHL may not participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by any third party. Notwithstanding the foregoing, you or the NHL may participate in a class-wide settlement.
To the fullest extent permitted by applicable law, you and the NHL waive any right to a jury trial.
Subject to applicable law (which may include the Province of Quebec), these Terms and any Disputes between you and the NHL will be governed by the laws of the State of New York without regard to its principles of conflicts of laws.
Unless you and the NHL agree otherwise, to the fullest extent permitted by applicable law (which may include the Province of Quebec), the state and federal courts of New York County, New York shall have exclusive jurisdiction over any Disputes between you and the NHL (except for Disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of any provisions of these Terms (including the arbitration provisions and class action waiver). You and the NHL consent to the exclusive jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis to seek transfer or change venue of such action to another court.
You may order products online from the official NHL online stores, currently shop.nhl.com, 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, including, Fanatics Retail Group North, LLC and its affiliates (collectively, "Fanatics"), 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 such parties. Please note that supplemental terms may apply to your activity on NHL Shop and NHL Auctions.
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 (2019):
SALE OF AUTOGRAPHED COLLECTIBLES: AS REQUIRED BY LAW, A DEALER WHO SELLS TO A CONSUMER ANY COLLECTIBLE 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 (2021):
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 ($25.00) 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.
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