HOCKEY WESTERN NEW YORK, LLC

SMS Text Messaging Terms & Conditions

Last updated: November 27, 2024

Hockey Western New York, LLC or our affiliates (collectively “HWNY”) offer services to communicate with you through various websites and a mobile application (the “Services”) and the use of text, SMS, MMS, or RCS messages (in any case, a “Text Message,” or “Text Message Services”). These SMS Text Messaging Terms and Conditions (this “Agreement”) govern your use of the Text Message Services. 

PLEASE NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AS DETAILED IN THE “DISPUTE RESOLUTION” SECTION, BELOW.

By using, taking part in, and/or opting in to one or more Text Messaging programs, you expressly consent to receive marketing and/or non-marketing text messages from HWNY and any and all others texting on HWNY’s behalf, including its service partners, including text messages which may be sent using an automatic telephone dialing system (“ATDS”) at the mobile telephone number associated with your opt-in.

Program Terms

BY SUBMITTING YOUR MOBILE DEVICE NUMBER, OPTING-IN, OR SENDING TEXT MESSAGES, YOU REPRESENT AND WARRANT TO US:

• You are over the age of 18.
• You have entered the phone number correctly.
• You understand that you may opt out of these communications at any time.
• You acknowledge your consent to receive marketing text messages is not required and is not a condition to purchase any goods or services.
• You are the owner and the only user of the mobile device, and the number provided; and you are authorized to enter into these SMS Text Messages Terms and Conditions.
• You agree to contact us within 48 hours if your mobile device number changes or is reassigned.
• You understand that your carrier's messaging and data rates may apply. All charges are billed by and payable to your mobile service provider. HWNY does not charge you for the Text Message Services.
• You understand HWNY, nor their vendors, including but not limited to any and all telecommunications carriers, are not responsible for, nor liable for delayed or undelivered Text Messages.
• You understand not all carriers support all Text Message types.
• Supported Carriers: UPDATE
• You understand and agree the frequency of Text Messages you receive may vary depending on which text messaging program you sign up for.

How to Opt In

To opt in receive text messages, please follow the instructions provided by the specific program you wish to enroll in, such as through online or application-based enrollment forms or by texting a keyword to the five-digit short code associated with the program (the “Short Code”), and completing the sign-up instructions found in the text message received. Upon your request to sign-up to a recurring , you will receive two (2) text messages as part of the process confirming your desire to opt-into the program (first an opt-in request message, and once you have replied “Y” you will receive a sign-up confirmation message).

How to Opt Out

If you do not wish to continue participating in any Text Messaging program, or no longer agree to these Terms, text the applicable Short Code, or directly reply to any message received from a program with STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to opt out of that program at any time. You may receive an additional mobile message confirming your decision to opt out. You understand that the text message program may not recognize and respond to unsubscribe requests that contain words or phrases other than those set forth above and agree that HWNY and its service providers will have no liability for failing to honor such requests. You may be subscribed to multiple programs across different Short Codes, and therefore you must separately text or reply STOP to each Short Code from which you wish to unsubscribe.

Duty to Notify and Indemnify

If at any time, you intend to stop using the mobile telephone number that you have used to opt-in or enroll in any program, including but not limited to, canceling your service plan, selling, or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of this Agreement.

YOU AGREE THAT YOU WILL INDEMNIFY, DEFEND AND HOLD HWNY HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY HWNY OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. SEC. 227) ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, AND ANY STATE OR FEDERAL EQUIVALENT LAW OR REGULATION THAT CONTAINS PROHIBITIONS ON THE SENDING OF TEXT MESSAGES, AND ANY REGULATIONS PROMULGATED THEREUNDER OR RELATED THERETO, RESULTING FROM HWNY ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Support

To request more information, text the keyword HELP to the Short Code for the program about which you have questions. If you are experiencing any problems, please feel free to email us at [email protected] or call us at +1-716-855-4100. Please note that the use of this phone number, or texting “HELP” to the Program’s Short Code is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

Privacy

To view our privacy policy, please visit: Buffalo Sabres Privacy Policy | Buffalo Sabres.

Governing Law

This Agreement shall be governed by the laws of the State of New York, without reference to conflict of laws principles. Any suit to enforce this Agreement, to the extent such suit is excluded from the binding arbitration agreement set forth herein and below, shall be brought exclusively in the State and U.S. District Courts located in Buffalo, New York and the Parties hereby submit to the personal jurisdiction of such courts and waive any venue objection.

Miscellaneous

You warrant and represent to us that you have all necessary rights, power, and authority to agree to this Agreement and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision in this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of any program shall be subject to this Agreement unless explicitly stated otherwise in writing.

We reserve the right to change this Agreement from time to time.

ANY CHANGES OR MODIFICATIONS TO THESE TEXT MESSAGING TERMS & CONDITIONS, GUIDELINES OR RULES WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED TEXT MESSAGING TERMS & CONDITIONS WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE.

Dispute Resolution and Mandatory Arbitration Agreement - - IMPORTANT - PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

1. General. In the interest of resolving disputes between you and HWNY in the most expedient and cost-effective manner, you and HWNY agree that any dispute arising out of or in any way related to this Agreement or your receipt of text messages from HWNY or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to this Agreement, or your receipt of text messages from HWNY or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND HWNY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
2. Exceptions. Notwithstanding subsection (a) above, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of you or HWNY to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
3. Arbitrator. Any arbitration between you and HWNY will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting HWNY. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
4. Notice; Process. If you or HWNY intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). HWNY address for Notice is: Hockey Western New York, LLC, One Seymour H. Knox III Plaza, Buffalo, New York 14203, Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and HWNY will make good faith efforts to resolve the claim directly, but if you and HWNY do not reach an agreement to do so within 30 days after the Notice is received, you or HWNY may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or HWNY must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
5. Fees. If you commence arbitration in accordance with this Agreement, HWNY will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse HWNY for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and HWNY agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or HWNY made within 14 days of the arbitrator's ruling on the merits.
6. No Class Actions. YOU AND HWNY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and HWNY agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
7. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in this Agreement, if HWNY makes any future change to this arbitration provision, other than a change to HWNY address for Notice, you may reject the change by sending us written notice within 30 days of the change to HWNY address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and HWNY.
8. Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative, and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of this Agreement is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of this Agreement shall remain in full force and effect.

Contact

Hockey Western New York, LLC

This message program is a service of HWNY, One Seymour H. Knox III Plaza, Buffalo, New York 14203.