NHL Shop Terms of Service
Last Updated and Effective Date - October 2, 2017
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.
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.
- 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 email@example.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 firstname.lastname@example.org. 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.
11. Links and Third Party Content
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.
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.
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.
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.
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")
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. 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.
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.
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.
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.