NHL Shop Terms of Service

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SUPPLEMENTAL SHOP TERMS OF SERVICE APPLICABLE TO SHOP.NHL.CA ("SHOP")

ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS OF USE AGREEMENT OR THE PROPERTIES, PLEASE CONTACT FAN SERVICES TOLL FREE AT 1-855-254-5184, 24 HOURS A DAY, 7 DAYS A WEEK.

1.This is a Legal Agreement

These Supplemental Shop Terms of Service (the "Supplemental Shop Terms") govern your access to and use of the shop.nhl.com websites and online services ("Shop"). These Supplemental Shop Terms are a legal agreement between you and NHL Interactive CyberEnterprises, LLC and its affiliates, including NHL Enterprises, L.P., NHL Enterprises Canada, L.P., NHL Enterprises B.V., and the National Hockey League ("NHL") and Fanatics Retail Group North, Inc. and/or its affiliates including Fanatics Retail Group Canada ("FRGC"), which operate the Shop on behalf of the NHL. Your access to and use of Shop also is governed by and subject to the NHL Terms of Service (the "Terms"). The Supplemental Shop Terms set forth certain additional terms and conditions that apply to your access to and use of Shop and Shop services, including to sales of products and services on or through Shop (together, the "Shop Services"). To the extent there is any direct conflict between the Terms and these Supplemental Shop Terms, these Supplemental Shop Terms shall control.

FRGC - and not the NHL - operates the Shop Services. If you have any questions, comments, or concerns about the Shop Services, please contact the FRGC customer care department at https://help-nhl.custhelp.com.

BY ACCESSING OR USING THE SHOP SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND THESE SUPPLEMENTAL SHOP TERMS. FOR EXAMPLE, YOU ARE SUBJECT TO SECTION 18 OF THE TERMS WHICH CONTAINS AN ARBITRATION PROVISION WHICH STATES THAT YOU MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND ALSO STATES THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. THIS SECTION 18 DOES NOT APPLY TO CONSUMERS RESIDING IN QUEBEC.  DO NOT USE THE SHOP SERVICES IF YOU DO NOT ACCEPT THE TERMS AND THE SUPPLEMENTAL SHOP TERMS.

You may wish to print a copy of these Supplemental Shop Terms and the Terms or save them to your device for future reference. The Shop Services, the Supplemental Shop Terms, and the Terms may be modified at any time, for example to reflect changes in laws or regulatory requirements. Any use of the Shop Services by you after we post modifications to the Supplemental Shop Terms or the Terms constitutes your acceptance of those modifications.

2. Products, Content and Specifications; Accuracy of Information.

The Shop Services may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without notice. The inclusion of any products or services on the Shop Services at a particular time does not imply or warrant that these products or services will be available at any time(s). Products included on the Shop Services may be unavailable and/or may have different attributes than those described on the Shop Services. In the event a product is listed at an incorrect price due to typographical error or other error in pricing or other information, we will have the right to cancel orders of any such product (including after an order has been submitted). If your payment card has already been charged for the purchase and your order is cancelled, FRGC will refund any such charges within a commercially reasonable period of time after cancellation. We cannot guarantee any color or texture or detail of products will be accurately displayed on the Shop Services. In no event will any information or other content contained in the Terms or Supplemental Shop Terms or any area of the Shop be construed as a representation or guarantee with respect to any content, services, or products. We do not guarantee the accuracy, completeness, or usefulness of any descriptions or other content. Further, we do not endorse, and are not responsible for, the accuracy and reliability of any opinion or statement made via the Shop Services by any third party, including, without limitation, customers or manufacturers, distributors, or suppliers of products and services sold through the Shop. We assume no responsibility or obligation to modify or remove any inaccurate content. To the extent permitted by law, we reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify acceptance of your order, nor does it constitute confirmation of an offer to sell.

It is your responsibility to ascertain and obey all applicable local, state, provincial, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased on or through the Shop Services. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videos sold are for private, home use (where no admission fee is charged), and non-public performance and may not be duplicated.

3. Promotions and Coupons

In order to participate in or use certain services, programs (including any customer rewards or loyalty programs), promotions, discounts, vouchers, or coupons that may be run from time to time with respect to the Shop Services ("Offers"), you may be required to agree to additional or different terms and conditions ("Offer Terms"), which may be imposed by us or by participating third parties, such as vendors or merchants that issue, sponsor, or are associated with an Offer. By using or participating in an Offer, you indicate your acceptance of all applicable terms and conditions, including these Supplemental Shop Terms and the Offer Terms, if applicable, and agree that the Offer is a Shop Service for all purposes hereunder. If there is a conflict between the Terms or Supplemental Shop Terms and any Offer Terms, the Offer Terms shall control and the non-conflicting provisions in the Terms and these Supplemental Shop Terms will continue to apply. For example, if you seek to redeem a coupon code on the Shop, your redemption of the coupon code is subject to the specific Offer Terms applicable to that code and to the non-conflicting provisions of the Terms and these Supplemental Shop Terms.

Under these Supplemental Shop Terms, unless otherwise prohibited by law, any Offer: (a) is valid only at the Shop Service identified in the Offer and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person, household, and/or email account; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the date specified in the Offer, or, if none, the later of five (5) years from the date of issue or the date required by applicable law; (i) cannot be reproduced, modified, sold, or traded or used to pay any tax, such as sales tax, or any value added service; (j) cannot be applied for shipping and handling unless otherwise expressly stated in the applicable Offer Terms; and (k) may contain other terms, conditions or exclusions expressly states in the applicable Offer Terms. In addition, some Offers may be in the form of a voucher or coupon. If you purchase a voucher with promotional value beyond the amount paid, you may redeem the voucher for its promotional value until the expiration date of the promotional period, or for the amount paid after the end of the applicable promotional period. We reserve the right to limit, change, or cancel any Offer or associated order, without prior notice, even after you have attempted to redeem the Offer or placed your associated order.

4. Shipping Limitations.

When an order is placed, it will be shipped to the address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Shop Services, some of which you can view here. For all purchases made on or through the Shop Services, risk of loss and title for items purchased on or through the Shop Services pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

5. Use of the Shop Services.

By accessing and using the Shop and Shop Services, you represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eighteen (18) years of age or older; (d) your use of the Shop and Shop Services does not violate any applicable law, rule, or regulation; and (e) you will comply with all terms and conditions set forth in the Terms and agree that the Terms governs your access to and use of the Shop Services. FRGC is an intended third-party beneficiary to the Terms to the extent they pertain to the Shop Services, and any references in the Terms or these Supplemental Shop Terms reference to the "NHL," "we," "us," "our," or similar terms shall be deemed to include FRGC and its affiliates and subsidiaries where appropriate. Without limiting the foregoing, FRGC shall be entitled to directly enforce and rely upon any provision of the Terms which confers a benefit on (or rights in favor of) them.

The content and information posted by us on the Shop may be used by you only for informational, personal, or other purposes authorized by us. Your use of the Shop Services is governed by the Terms and these Supplemental Shop Terms. Without limiting the foregoing, the design of the Shop Services and all text, graphics, information, content, software, technology components, and other material used by, displayed on, or that can be downloaded from the Shop Services are either the property of, or used with permission by, FRGC, the NHL, our suppliers, or other third parties and may be protected by copyright, trademark, and other laws and may not be used except as permitted under the Terms and the Supplemental Shop Terms or with the prior written permission of the owner of such material. You may not modify the information or materials located on the Shop Services in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

6. DISCLAIMERS.

ALL PRODUCTS AND SERVICES ACCESSED OR PURCHASED ON OR THROUGH THE SHOP SERVICES ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXCEPT TO THE EXTENT OF ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND SERVICES ACCESSED, LISTED, OR PURCHASED ON OR THROUGH THESE SHOP SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SHOP, ITS CONTENT, OR THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SHOP. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE ALSO MAKE NO WARRANTY REGARDING ANY THIRD-PARTY TRANSACTIONS EXECUTED THROUGH OR IN CONNECTION WITH THE SHOP, AND YOU UNDERSTAND AND AGREE THAT SUCH THIRD-PARTY TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

7. EXCLUSIVE REMEDY AND LIMITATION ON LIABILITY.

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL THE NHL, ITS AFFILIATES, FRGC, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE NHL OR FRGC HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE NHL'S AND FRGC'S LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.

8. Indemnification.

You agree to indemnify, hold harmless, and defend us, our partners, subsidiaries, affiliates, suppliers, and licensors and each of our and their respective officers, directors, contractors, agents, employees, successors, and assigns (the "Shop Parties") from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including, without limitation, reasonable attorneys' fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Shop Services, (ii) your online conduct in connection with the Shop Services, (iii) your violation or breach of the Terms or Supplemental Shop Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Shop Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Shop Services, or (vi) any of your dealings or transactions with other persons resulting from use of the Shop Services. You shall not settle any such claim without the prior written consent of the party entitled to indemnification. These obligations will survive any termination of these Supplemental Shop Terms.

9. Miscellaneous.

You agree to resolve any dispute arising out of or in connection with the Shop Services or these Supplemental Shop Terms as set forth in Section 18 of the Terms.  THE FOREGOING SENTENCE DOES NOT APPLY TO CONSUMERS RESIDING IN QUEBEC. In the event that such a dispute is solely with FRGC (and does not involve NHL or its affiliates and partners or other parties) and you conclusively demonstrate that your payment of American Arbitration Association fees for any such proceeding is cost-prohibitive, FRGC will consider in good faith paying all or a portion of such fees on your behalf to prevent the arbitration from being cost-prohibitive. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Shop Services or, if we choose to do so in our sole discretion, delivering them to you through email if you have provided us with your accurate email address. Our performance under these Supplemental Shop Terms is subject to existing laws and legal process, and nothing contained in the Terms or in these Supplemental Shop Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your access to or use of the Shop or Shop Services or information provided to or gathered by us with respect to such use. If any part of the these Supplemental Shop Terms is determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Supplemental Shop Terms shall continue in effect. For the avoidance of doubt, these Terms of Use apply solely to the extent permitted by law

10. Additional Assistance.

If you do not understand any of the foregoing Supplemental Shop Terms, or if you have any questions or comments about the Shop Services, we invite you to Contact Us.