Last Updated: March 10, 2025

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 7), EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY (SECTION 8), A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE (SECTION 13), AND A CLASS ACTION WAIVER AND JURY TRIAL WAIVER (SECTION 14), THAT EACH APPLY TO THE EXTENT PERMITTED BY LAW AND AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS CAREFULLY.

1. This is a Legal Agreement.

These Terms of Service (the "Terms") are a legal agreement between you, on the one hand, and NHL Interactive CyberEnterprises, LLC (collectively with 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 "our," "we" or "us"), on the other hand, governing your access to and use of NHL HOCKEYVERSE (the "Service"). The NHL HOCKEYVERSE website pages provide animated content depicting real hockey games played by animated characters. These Terms only apply to those pages. For the terms relevant to other NHL website pages, please click here: https://www.nhl.com/info/terms-of-service. The "NHL" refers to the NHL Entities together with the member clubs of the National Hockey League ("NHL Member Clubs").

By accessing or using the Service, you acknowledge that you have read, understand, and agree, on behalf of yourself and, if you are a parent or guardian, any relevant minor, to be bound by these Terms. If you are under the age of majority in your jurisdiction of residence, you must review these Terms with your parent or legal guardian before accessing the Service, and "you" will refer throughout to both you and your parent or legal guardian.

Certain service providers of ours may operate portions of the Service (e.g., by providing video streaming and internal analytics capabilities) (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 Service. It is your responsibility to check these Terms periodically for changes. Your access to and use of the Service indicates your acceptance and agreement to be bound by the Terms. Do not access or use the Service 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 Service or the Terms at any time, for example to reflect changes in laws or regulatory requirements. Any access to or use of the Service 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 Service.

2. Prohibited Content and Activities.

You may not access or use, or attempt to access or use, the Service to take any action that could harm us or any other person or entity (each a "person"), interfere with the operation of the Service, or use the Service in a manner that violates any laws. For example, you may not:

• Impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide;
• Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
• 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/Social Insurance numbers, or credit or debit card numbers;
• Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Service;
• Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
• 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 Service. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited;
• Use or attempt to use another's information, account, password, service, or system except as expressly permitted;
• Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
• 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
• Engage in any other conduct that restricts or inhibits any person from using or enjoying the Service, 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. If you commit or cause such violations, we may suspend or terminate your access to the Service for any or no reason at any time without notice.

3. Intellectual Property.

All content, information, computer code, software, and any other materials that are part of the Service (collectively, the "NHL Content") and the Service are the property of the NHL. You may access, use, and display the Service, 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.

• Copyright and Other Intellectual Property Rights. Certain of the NHL Content is protected under the copyright laws of the United States, Canada and other countries. You acknowledge that all copyrights and other intellectual property rights related to the NHL Content and/or Service are owned by the NHL or its third-party licensors to the full extent permitted under the United States Copyright Act, Canadian 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 or the Service. To obtain written consent to use NHL Content or any other work owned or controlled by NHL, please contact us using the information in Section 18. Any unauthorized use of the NHL Content or the Service is a violation of these Terms.
• Trademarks 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 Entities' logos and marks and NHL Member Club logos and marks, as well as other proprietary indicia of the NHL Entities and NHL Member Clubs depicted in connection with the Service and the NHL Content are the property of the NHL Entities and the respective NHL Member Clubs and may not be reproduced or 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 18.
• 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 Service 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 -- 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

• Embedding Content. The Service may allow you to embed NHL Content into other web pages. Any and 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 written 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, or for any commercial purpose;
  • 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 Service.

You must not establish a link to our Service in any website that requires registration in connection with content from our Service or that otherwise collects personal information in connection with content from our Service.

The Service and all other materials offered via the Service, including but not limited to NHL Content, are provided for your private, non-commercial use, and you may not distribute, modify, translate, rebroadcast, transmit, perform, or create derivative works of them.

4. Linking to our Service.

You may not link to our Service without the express permission of the NHL Entities. You may not otherwise “frame” or embed NHL Content or suggest any form of association, approval, or endorsement on our part where none exists.

5. Change or Termination.

The NHL Entities 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 Service, with or without prior notice. The NHL is not responsible for any error in copy or images relating to the Service or any other products offered via the Service.

Otherwise applicable sections of these Terms shall survive termination including but limited to this Section and the following Sections: Section 1 (This is a Legal Agreement); Section 3 (Intellectual Property); Section 6 (Privacy Policy); Section 7 (Disclaimer of Warranties); Section 8 (Exclusive Remedy and Limitation of Liability); Section 9 (Indemnification); Section 10 (Integration and Severability and Amendment); Section 11 (No Waiver); Section 12 (Assignment and Binding Effects); Section 13 (Dispute Resolution and Binding Arbitration); Section 14 (Class Action Waiver and Jury Trial Waiver); Section 15 (Choice of Law and Venue); and Section 16 (Separate Terms and Conditions). The NHL Entities also reserve the right to seek all remedies available at law and in equity for violations of these Terms. Upon termination, you must cease all access to and use of the Service, including any of the NHL Content.

6. Privacy Policy.

By using the Service, you acknowledge that you have reviewed and understand the NHL HOCKEYVERSE Privacy Policy (the "Privacy Policy"), which shall be incorporated into these Terms.

7. Disclaimer of Warranties.

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 SERVICE AND THE MATERIALS PROVIDED THEREIN, INCLUDING BUT NOT LIMITED TO THE NHL CONTENT, IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICE OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICE OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICE OR THE NHL CONTENT. THE SERVICE AND THE MATERIALS PROVIDED THEREIN, INCLUDING BUT NOT LIMITED TO THE NHL CONTENT, 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 SERVICE OR OTHERWISE BY THE NHL. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE 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 SERVICE, 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, AND WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY 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.

8. Exclusive Remedy and Limitation of Liability.

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’ (AS DEFINED BELOW) LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS THE NHL PARTIES’ LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NHL PARTIES’ NEGLIGENCE, OR THE NHL PARTIES’ FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY IF AND ONLY IF SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

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 SERVICE (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 SERVICE, INCLUDING WITHOUT LIMITATION ANY NHL CONTENT, OR ANY SITES LINKED FROM THE SERVICE, 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 (INCLUDING WITHOUT LIMITATION NHL CONTENT) ON IT OR ON ANY WEBSITE LINKED TO IT.

SUBJECT TO APPLICABLE LAW (WHICH MAY INCLUDE THE PROVINCE OF QUEBEC), ANY CLAIM AGAINST THE NHL PARTIES SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR ACCESS TO OR USE OF THE SERVICE. 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 Entities and the NHL Member Clubs , 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 Service (including, without limitation, your use of any NHL Content), (ii) your online conduct in connection with the Service, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Service, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Service, or (vi) any of your dealings or transactions with other persons resulting from access to or use of the Service. You shall not settle any such claim without the prior written consent of the NHL Entities and, if applicable, any relevant Member Club(s). These obligations will survive any termination of these Terms.

10. Integration and Severability and Amendment.

These Terms constitute the entire agreement between the NHL Entities and you, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us relating to the Services. 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. The NHL Entities in their sole discretion may amend these Terms, in which case we will post the amended Terms within the Service. Subject to applicable law (which may include the laws of the Province of Quebec), your access to or use of the Service after such amended Terms are posted will constitute acceptance of them by you. The NHL Entities may be required to notify you of certain events concerning the Service and your access to or use thereof, and your access to or use of the Service constitutes acceptance that such notices will be effective upon our posting them on the applicable Service or, if we elect in our sole discretion, emailing you at an address you have provided to us.

11. 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.

12. Assignment and Binding Effects.

You may not assign these Terms or any rights or obligations herein without the prior written consent of the NHL Entities and any attempted assignment in contravention of this provision is null and void and of no force or effect. The NHL Entities have 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.

13. Dispute Resolution and Binding Arbitration

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 13-15, "NHL" shall include the NHL (as defined herein) and their 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.

"Dispute" shall be defined as any dispute, claim, or controversy arising out of or relating to the Service, these Terms, the Privacy Policy, other applicable NHL terms or policies, or your relationship with the NHL, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory ("Dispute"). Dispute shall be interpreted broadly. Dispute shall also include any dispute, claim, or controversy that arose before you assented to these Terms or after termination. Notwithstanding the foregoing, Dispute shall not include disputes, claims, or controversies concerning patents, copyrights, trademarks, trade secrets, and claims of piracy or unauthorized use of the Service. You or the NHL may seek interim or preliminary relief from a court of competent jurisdiction as needed to protect the status quo pending completion of arbitration.

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.

Arbitration Procedures.

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.

• Stage One: Counsel for the claimants and counsel for the NHL shall each select fifty (50) claims per side to be filed and to proceed in individual arbitrations as part of an initial staged process. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. If a claim is withdrawn prior to adjudication, another claim shall be randomly selected to be filed and to proceed in this set. After this initial set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge and the NHL shall pay the mediator's fee.
• Stage Two: If the remaining claims are not resolved at this time, counsel for the claimants and counsel for the NHL shall each select seventy-five (75) claims per side to be filed and to proceed in individual arbitrations as part of a second staged process, subject to any procedural changes the parties agree to in writing following mediation or through continuing, good faith discussions. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. If a claim is withdrawn prior to adjudication, another claim shall be randomly selected to be filed and to proceed in this set. After this second set of staged proceedings is completed, the parties shall engage in a global mediation session of all remaining claims with a retired federal or state court judge, and the NHL shall pay the mediator's fee.

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:

• Option One: You and the NHL may, separately or by agreement, opt out of arbitration and elect to have your claim heard in a court of competent jurisdiction consistent with these Terms. You may opt out of arbitration by providing your individual, personally signed notice of your intention to opt out to the NHL by email at ADR@nhl.com within thirty (30) days after the conclusion of Stage Two. The NHL may opt your claim out of arbitration by sending an individual, personally signed notice of its intention to opt out to your counsel within fourteen (14) days following the expiration of your thirty (30) day opt-out period. Counsel for the parties may agree to adjust these deadlines.

OR

• Option Two: If neither you nor the NHL elect to have your claim heard in court consistent with Option One, then you agree that your claim will be resolved through continued staged proceedings as set forth below. Assuming the number of remaining claims exceeds two hundred (200), then 200 claims shall be randomly selected (or selected through a process agreed to by counsel for the parties) to be filed and to proceed in individual arbitrations as part of a staged process. If the number of remaining claims is fewer than 200, then all of those claims shall be filed and proceed in individual arbitrations. Each of these 200 cases shall be assigned to a single, different arbitrator. Any remaining claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed or collected in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. After each set of claims are adjudicated, settled, withdrawn, or otherwise resolved, this process shall repeat consistent with these parameters. Counsel for the parties are encouraged to meet and confer, participate in mediation, and engage with each other and the AAA to explore ways to streamline the adjudication of claims, increase the number of claims to proceed at any given time, promote efficiencies, conserve resources, and resolve the remaining claims.

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 13 (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.

14. Class Action Waiver and Jury Trial Waiver.

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.

15. Choice of Law and Venue.

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.

16. Separate Terms and Conditions.

In connection with your access to or use of the Service, 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 accessing or making any use of such portions of the Service. Any supplemental terms will not vary or replace these Terms regarding any access to or use of the Service, unless otherwise expressly stated.

17. Acceptance of Terms of Use.

BY USING ANY SERVICE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS. If you do not agree to these Terms, you must not access or use any of the Service. The NHL Entities may change the terms of this Agreement at any time, and your access to or use of the Service after such change is posted will mean that you accept such change.

18. Contact Information.

Please direct any questions, complaints, or claims related to the Service or your access to or use of the Service to NHL.com/contact and select "Terms of Service" as the subject.

For requests to use a copyrighted work or trade or service mark right, please go to NHL.com/contact and select "DMCA/Trademark and Copyright Requests" as the subject.

You can also contact us at:

NHL Enterprises, L.P.

Attn: Legal Department

One Manhattan West

395 9th Avenue

New York, NY 10001