Terms of Use

Terms of Use

Last Updated: October 11, 2023

THE NEW JERSEY DEVILS ("Devils") IS A MEMBER CLUB OF THE NATIONAL HOCKEY LEAGUE ("NHL").

THESE TERMS AND CONDITIONS OF USE ("Terms of Use") CONTAIN DISCLAIMERS OF WARRANTIES (SECTION 5), LIMITATIONS OF LIABILITY (SECTION 6), A BINDING ARBITRATION CLAUSE (SECTION 12), AND CLASS ACTION WAIVER AND JURY TRIAL WAIVER (SECTION 13), THAT EACH APPLY TO THE EXTENT PERMITTED BY LAW AND AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE ACCESSING AND/OR USING THE SERVICES. FOR ADDITIONAL INFORMATION, PLEASE REVIEW THE PRIVACY POLICY. YOUR USE OF THE SERVICES INDICATES YOUR ACCEPTANCE OF THE TERMS OF USE. DO NOT ACCESS OR USE THE SERVICES IF YOU DO NOT ACCEPT THE TERMS OF USE. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS OF USE ON YOUR BEHALF. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES. SUBJECT TO APPLICABLE LAW, WE MAY IMPOSE NEW CONDITIONS OR AMEND OR MODIFY THE SERVICES OR THE TERMS OF USE AT ANY TIME, FOR EXAMPLE TO REFLECT CHANGES IN LAWS OR REGULATORY REQUIREMENTS. ANY ACCESS TO OR USE OF THE SERVICES BY YOU AFTER WE POST MODIFICATIONS TO THE TERMS OF USE CONSTITUTES YOUR ACCEPTANCE OF THOSE MODIFICATIONS AND SHALL APPLY TO YOUR ACCESS AND USE OF THE SERVICES.

TABLE OF CONTENTS:

  1. ACCESS AND USE OF THE SERVICES
  2. OWNERSHIP
  3. LIMITED LICENSE; RESTRICTIONS
  4. FORUMS AND PUBLIC COMMUNICATION RELATED TO THE SERVICES
  5. DISCLAIMER OF WARRANTIES
  6. LIMITATIONS OF LIABILITY
  7. INDEMNIFICATION
  8. LINKS FROM THIS WEBSITE
  9. SUBMISSIONS
  10. TICKETS
  11. TERMINATION
  12. DISPUTE RESOLUTION AND BINDING ARBITRATION
  13. CLASS ACTION WAIVER AND JURY TRIAL WAIVER
  14. LIMITED TIME TO FILE CLAIMS
  15. GENERAL PROVISIONS
  16. AMENDING THE TERMS AND CONDITIONS OF USE
  17. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
  18. CONTACT

1.) ACCESS AND USE OF THE SERVICES: By accessing and using the digital platforms, websites and online services that display or provide an authorized link to these Terms (collectively, the "Services"), you signify your agreement to these Terms of Use, as well as the Devils' Privacy Policy, and all applicable laws and regulations governing your access and use of the Services. The Services include, without limitation, the official website of the Devils ("Website"), the Devils/Prudential Center mobile application, and may include content that may be shown or otherwise displayed in or through the Services, including but not limited to Devils Content (as defined in Section 2), User Content (as defined in Section 4) and third-party content. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Services following the posting of changes to these Terms of Use will mean you accept those changes. If you do not agree to these Terms of Use, you must not access and use the Services. In addition, hereby incorporated into the Terms of Use are all special terms, conditions and rules that may be referred to by particular features and services located on the Services that may be applicable to your access and/or use of such features or services. These Terms of Use apply whether you are accessing the Services through the use of your personal computer, a mobile device or any other technology or software known today or developed in the future.

In order to access and use the Website, you must obtain access to the World Wide Web and pay any applicable access fees. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Access to the Website is subject to transmission limitations of the Internet, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.

2.) OWNERSHIP: All of the content of this Website ("Devils Content" or "Content"), which includes without limitation all graphics, text, images, photographs, illustrations, trademarks and logos and the design, coordination, selection and arrangement thereof, and any images or files incorporated in or generated by the software and data accompanying the software ("Software"), is protected by copyright and/or trademark and/or other proprietary intellectual property rights that are directly or indirectly owned by or licensed to the Devils and/or Devils licensees, tenants, sponsors and advertisers and may not be reproduced without the prior written consent of the Devils, and the applicable licensee, tenant, sponsor and advertiser.

The names and logos identified with the Devils, including without limitation the Devils logo and Devils name, are trademarks of the Devils and may not be reproduced without the prior written consent of the Devils.

The Utica Comets word mark and logo are registered trademarks of Devils affiliates and may not be reproduced without the prior written consent of the Devils.

The National Hockey League, National Hockey League Shield, the word mark and image of the Stanley Cup, and National Hockey League Conference logos are registered trademarks of the National Hockey League and its affiliated entities (collectively "NHL") and may not be reproduced without the prior written consent of the NHL.

The NHL logos and marks and NHL member club logos and marks are registered trademarks of the NHL and/or the respective NHL member clubs and may not be reproduced without the prior written consent of the NHL and/or the respective NHL member clubs.

The Devils and its agents are solely responsible for the Content of the Website. References to "we," "our," "us" and the "Devils" shall mean New Jersey Devils LLC, Devils Arena Entertainment LLC and its and their affiliated entities.

3.) LIMITED LICENSE; RESTRICTIONS: You are granted a limited license to download the materials contained on this Website to a single personal computer and to print a hard copy of the materials contained on this Website, solely for personal, non-commercial use, provided all copyright, trademark and other proprietary notices are left intact. Systematic retrieval of all or any part of the Content or Content data to create or compile, directly or indirectly, a collection, compilation, database or directory of information is prohibited without the prior written permission of the Devils, including without limitation the use of any engine, software, tool, agent or other device or mechanism such as browsers, spiders, robots, avatars or intelligent agents to navigate or search the Website to harvest or collect such information. The Devils does not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by the United States Export Laws. In all cases, this Website must be acknowledged as the source of the material. Use of the materials contained on this Website on any other Internet site is strictly prohibited.

You may not "frame" the Content of this Website within another website. You may not use any meta tags or any other "hidden text" utilizing any Devils trademarks without the express written consent of the Devils.

Nothing contained on the Website or in these Terms of Use should be construed as granting by implication, estoppel or otherwise any license or right to use any Content, including without limitation any logo, trademark, tradename, copyright, or other proprietary right, or any Software, or images of people, places, products, or things displayed or available on the Website, except as may otherwise be specifically permitted by these Terms of Use.

The grant of this limited license is conditional upon your agreement to and compliance with all these Terms of Use. Any other use of any of the materials on this Website, including reproduction (for any purposes other than those noted above), modification, transmission, distribution, or republication, without the prior written permission of the Devils, is strictly prohibited. If you download any Software from this Website, the Software is subject to the limited license set out above. The Devils and/or its Software suppliers (as the case may be) retain all rights, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.

4.) FORUMS AND PUBLIC COMMUNICATION RELATED TO THE WEBSITE: "Forum" means a chat area, message board or e-mail function offered as part of the Website. If you participate in any Forum within the Website or furnish any material or information to the Website ("User Content"), you must not and User Content shall not:

  1. defame, abuse, harass or threaten others;
  2. make any bigoted, hateful or racially offensive statements;
  3. advocate illegal activity or discuss illegal activities with the intent to commit them or cause injury or property damage to any person;
  4. post or distribute any material that infringes and/or violates any right of a third party or any law;
  5. post or distribute any vulgar, obscene, discourteous or indecent language or images;
  6. advertise or sell to or solicit others;
  7. use the Website or Forum for commercial purposes of any kind;
  8. post or distribute any software or other materials that contain a virus, worm or any computer code, file, program, routine or other harmful component or device to interrupt, destroy, damage or limit the functionality of this Website or any other website, or any computer hardware, software or telecommunications apparatus;
  9. post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board;
  10. restrict or inhibit any other user from using and enjoying the services or features of the Website;
  11. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content displayed by, or transmitted over, the Website;
  12. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
  13. use the Website to Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  14. interfere with or disrupt any servers or networks used to provide the Website or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Website;
  15. gain, or attempt to gain, unauthorized access to the Website, or any account, computer system or network connected to this Website, by means such as hacking, password mining, decompiling or reverse engineering to access source code, or other illicit means;
  16. obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website; or
  17. gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Website.

In order to access or use certain Content or services, you may be required to register and provide certain information, with respect to which you agree that: (i) the information you provide will be true, accurate and current; (ii) if at any time such information is not true, accurate or current, your access to or use of the Content or services may be terminated; (iii) you are responsible for maintaining the confidentiality of any password and/or username designated with regard to your registration and you are solely responsible for all activities that occur by use of such password or username; (iv) you will notify the Devils immediately in the event of unauthorized use of your password or account; and (v) the Devils shall have no liability for any loss or damage arising from your failure to comply with this provision and any other requirements applicable to any Website registration.

You must be thirteen (13) years of age or older to register for and receive certain membership benefits.

It is Devils policy to respect the privacy of all customers. The Devils may use the consumer information we collect in variety of ways, subject to the terms of our Privacy Policy. 

The Devils reserves the right, but not the obligation, in the exercise of its sole discretion, to remove or edit User Content from the Website at any time and for any reason, including but not limited to User Content that (i) violates any term of these Terms of Use; or (ii) is illegal, offensive or inappropriate. Any violation of these Terms of Use may result in termination of your access to the Website and disclosure of your personal information to the applicable law enforcement authorities, where appropriate.

By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) the Devils a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived. Any such materials submitted will be treated as non-confidential and non-proprietary, and by submitting such materials you acknowledge that any such materials (i) may be used, read or intercepted by others; (ii) create no confidential, fiduciary, contractually implied or other relationship between you and the Devils other than pursuant to these Terms of Use; and (iii) are subject to the grant of rights to the Devils as described herein.

You acknowledge and agree that your username may be associated with any User Content that you post. You represent and warrant that you own or otherwise control all rights to any User Content you post on the Website. You agree that you will indemnify, defend and hold harmless the Devils for all claims resulting from User Content you post.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board or other User Content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.

5.) DISCLAIMER OF WARRANTIES: EACH SERVICE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DEVILS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, THE DEVILS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THE SERVICES ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES OR ANY SOFTWARE INCORPORATED WITHIN THE SERVICES WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS THAT MAY DAMAGE OR DESTROY YOUR COMPUTER HARDWARE OR SOFTWARE OR TELECOMMUNICATIONS APPARATUS. EACH USER OF THE SERVICES ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF SUCH SERVICES.

While the Devils tries to provide accurate information on this Website, the Devils explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from this Website. The Devils cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from this Website or third-party content on our Website. The Devils does not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any information contained in such third-party sites or content. The Devils does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. The Devils strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please advise the Devils (at the contact information provided below) if you discover any inaccuracy in this Content.

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 5.

6.) LIMITATIONS OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER THE DEVILS NOR ANY OF ITS DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY LOSS OR DAMAGES (WHETHER DIRECT OR INDIRECT AND WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE MATERIALS IN AND/OR FACILITIES OR SERVICES OFFERED THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES (EVEN IF THE DEVILS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). IF THIS CLAUSE IS UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE DEVILS OR ANY OF ITS DIRECTORS, MEMBERS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS AFFILIATES OR OTHER REPRESENTATIVES FOR ALL DAMAGES, LOSSES AND CLAIMS (WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 6.

7.) INDEMNIFICATION: You agree to defend, indemnify and hold harmless Devils and its directors, members, shareholders, partners, employees and respective agents, and contractors from and against all liabilities, claims, damages, costs and expenses, including attorneys' fees arising out of: your use of the Services; any material you post, upload, e-mail or otherwise transmit using the Services; your violation, breach or alleged violation or breach of these Terms of Use..

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 7.

8.) LINKS FROM THIS WEBSITE: This Website contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from this Website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements.

LINKS TO THIS WEBSITE: The following restrictions apply to all links to this Website from any on-line, cable, wireless, or other Internet website, service or browser:

(a) All permitted links to this Website must be to the Devils Website home page (newjerseydevils.com), and no link to the Website may be "framed" if the "frame" contains any advertising or other commercial text or graphics.

(b) Any on-line cable, wireless, or other Internet website, service or browser (other than as described in paragraph (c) below) that promotes any product (e.g., automobile or soft drink), or brand (e.g., Ford or Pepsi), or service (e.g., AOL Internet Service), or public or nonprofit institution (e.g., State of New Jersey or the United Way) may not link to this Website without the prior written permission of the Devils, even though the page/area where the link originates does not promote a product, brand, service or institution.

(c) Except as prohibited above, any on-line cable, wireless, or other Internet website, service, or browser (such as fan websites, search engines and directory websites), may link to this Website without the permission of the Devils if: (i) it is an on-line cable, wireless or other Internet website, service, or browser that does not contain any content or service (or link to any on-line cable, wireless or other Internet website, service, or browser that does not contain any content or service) that, in the sole opinion of the Devils, is distasteful, offensive or may reflect adversely upon the reputation and good will of the Devils; (ii) the link is a plain text link and does not include any mark or logo directly associated with the Devils; and (iii) the link is spatially separated from and not otherwise associated with any sponsorship advertising or other commercial text or graphics that may be on the page/area containing such plain text link.

NO ENDORSEMENT: Links to and from the Website to and from other on-line cable, wireless, or other Internet website, service or browser, maintained by third parties ("Linked Services"), and the existence of such links do not constitute an endorsement by the Devils of the Linked Services or the content thereof. The Linked Services are not under the control of the Devils and accordingly the Devils is not responsible for the Linked Services or their content, or availability of such content, or the products and services provided at the Linked Services.

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 8.

9.) SUBMISSIONS: The Devils must ask that you not submit to the Website any email, message, information, material or data which contains any creative expressions, ideas, designs, artwork, inventions, know-how, techniques, or suggestions for products, services, plans or programs (collectively, "Unsolicited Submissions"), and the Devils neither assumes any responsibility for reviewing Unsolicited Submissions nor any liability as a result of any similarities between your Unsolicited Submissions and future Devils creative expressions ideas, designs, artwork, inventions, know-how, techniques, products, services, plans or programs.

By transmitting Unsolicited Submissions to the Website and/or transmitting any email, message, or information, material and data responsive to a feature on the Website (collectively, "Submissions"), you are automatically granting the Devils and its affiliates a perpetual, royalty-free, nonexclusive, unrestricted, worldwide and irrevocable right and license, but not any obligation, to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. The Devils and its affiliates also have the right, but not the obligation, to use your name in connection with the broadcast, online display, print, or other use or publication of your Submission. If the Devils or one of its affiliates solicits your Submission in connection with a Website feature, the terms governing the feature shall apply to your Submission as well as these Terms of Use and the Privacy Policy.

10.) TICKETS: From time to time, tickets for events to be held at the Prudential Center arena may be offered for sale at the Website. Such ticket offerings may be changed or withdrawn at any time without prior notice, and the Devils reserves the right to limit ticket order quantities or refuse to fulfill any order. In the on-line processing of credit card transactions, the Website incorporates reasonable safeguards to protect the security of your personal information. However, it is always possible that any personal information transmitted or disclosed on-line can be intercepted by others and used unlawfully. Accordingly, the Devils cannot warrant the security of your personal information.

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10.

11.) TERMINATION: These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by discontinuing use of the Services and destroying all materials obtained from the Services and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. Your access to the Services may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of the Services and destroy all materials obtained from the Services and all copies thereof, whether made under these Terms of Use or otherwise.

12.) 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.

For purposes of these Sections 12-13, "Devils" shall include the Devils (as defined herein) and its respective employees, directors, officers, agents and representatives. Notwithstanding any other provision in these Terms of Use, you and the Devils agree and acknowledge that these Terms of Use 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.

Unless you and the Devils agree otherwise, to the fullest extent permitted by applicable law, the state and federal courts of Essex County, New Jersey shall have exclusive jurisdiction over any Claims between you and the Devils (except for Claims 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 of Use (including the arbitration provisions and class action waiver). You and the Devils 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.

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

In order to expedite and control the cost of disputes, you and the Devils agree that any Claim will be resolved as follows:

  1. MANDATORY INFORMAL PRE-DISPUTE RESOLUTION PROCESS: Before initiating an arbitration proceeding, you or the Devils must give the other party notice of the Claim by providing a written "Notice of Claim" that is personally signed by you (if you are initiating the Notice of Claim) or a Devils representative (if we are initiating the Notice of Claim). The Notice of Claim 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 Claim; 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 Claim to: New Jersey Devils c/o New Jersey Devils LLC, Attn: General Counsel, 25 Lafayette Street, Newark, New Jersey 07102. We must send any such Notice of Claim to you at the email address we have on file for you. You and the Devils agree to attempt to resolve the Claim through informal, good faith negotiations for a sixty (60)-day period from the date that a completed Notice of Claim is received (or a longer period, if agreed to by the parties). If the party receiving the Notice of Claim requests a telephone settlement conference as part of this informal process, you and the Devils agree to participate in an effort to resolve the Claim. Should the Devils make this request, you agree to attend this conference (with your counsel, if you are represented). Should you make this request, the Devils agrees to have a representative attend this conference (with counsel, if the Devils is represented).

Compliance with this "Mandatory Informal Pre-Dispute Resolution Process" is a condition precedent to initiating arbitration. Neither you nor the Devils may initiate an arbitration proceeding absent such compliance. If the sufficiency of a Notice of Claim 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 Devils engage in this Mandatory Informal Pre-Dispute Resolution Process in an effort to resolve the Claim.

  1. SMALL CLAIMS COURT: Any Claim 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 Claim must remain in small claims court and may not be removed or appealed to a court of general jurisdiction.
  2. ARBITRATION PROCEDURES: READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION.Except as otherwise provided herein, any Claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use as to the use of any Service, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of arbitration, in each case 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.

ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms of Use as a court would. The Devils and you understand that, absent this mandatory arbitration provision, the Devils and you would have the right to sue in court and have a jury trial. The Devils and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

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 of Use. If you and we cannot agree on who that single arbitrator should be, then the AAA shall appoint an arbitrator with significant experience resolving the type of Claim at issue. If there is a conflict between the AAA Rules and the rules set forth in these Terms of Use, the rules set forth in these Terms of Use will govern. The AAA Rules are available at www.adr.org. If the AAA is unable or unwilling to administer the arbitration consistent with these Terms of Use, 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 Devils as follows: New Jersey Devils c/o New Jersey Devils LLC, Attn: General Counsel, 25 Lafayette Street, Newark, New Jersey 07102. If the Devils is initiating arbitration, the Devils 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 Claim) 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 Devils 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 of Use 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 of Use 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 Devils 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 Devils 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 Devils' 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 Devils' representative shall personally appear (along with your and the Devils' counsel, if represented). The parties can agree to waive a hearing.

  1. SPECIAL RULES IN THE ARBITRATION PROCEEDING: (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator's decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither you nor the Devils shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.Accordingly, you and the Devils agree that the AAA Rules for Class Arbitrations do not apply to our Arbitration. A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations.

  2. 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 Devils 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 Claim might be delayed.

    • Stage One: Counsel for the claimants and counsel for the Devils 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 Devils 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 Devils 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 Devils shall pay the mediator's fee.

Each case within any given stage shall be assigned to a different, single arbitrator, unless the parties agree otherwise in writing. If your claim is not resolved as part of the staged process set forth above, either:

  • Option One: You and the Devils 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 Devils within thirty (30) days after the conclusion of Stage Two as follows: New Jersey Devils c/o New Jersey Devils LLC, Attn: General Counsel, 25 Lafayette Street, Newark, New Jersey 07102. The Devils 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 Devils 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 of Use.

  1. OPT OUT OF FUTURE CHANGES: If the Devils makes any future change to the arbitration provisions in this Section 12 (other than a change to the notice address), you may reject any such change by sending the Devils a personally signed, written notice of your decision to opt out of those changes within thirty (30) days of notice of the change to New Jersey Devils c/o New Jersey Devils LLC, Attn: General Counsel, 25 Lafayette Street, Newark, New Jersey 07102, which notice must include your full name, mailing address, telephone number, email address, and a description of when and how you interacted with the Devils. 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.

13.) 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.

The Devils and you agree that, to the fullest extent permitted by applicable law, the Devils and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought (whether in court or in arbitration) under these Terms of Use in connection with the Services will be brought only in an individual capacity, and neither party will 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 Devils 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 a similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and the Devils 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 Devils may participate in a class-wide settlement.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in Essex County, New Jersey.

The terms of this provision will also apply to any claims asserted by you against any parent or affiliated company of the Devils to the extent that any such claims arise out of your access to, and/or use of the Services, and/or the provision of content, services, and/or technology on or through the Services.

To the fullest extent permitted by applicable law, you and the Devils waive any right to a jury trial.

14.) LIMITED TIME TO FILE CLAIMS: You agree that you will assert any Claim arising out of your use of any Devils Services within one (1) year after the Claim arises, or such Claim will be barred.

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 14.

15.) GENERAL PROVISIONS: Those who choose to access the Services do so at their own risk and on their own initiative and are responsible for compliance with all applicable local laws. The Devils does not represent that the Services and Content provided therein are appropriate or available for access and use in countries outside the United States. If you choose to access and use the Services from outside the United States, you are solely responsible for compliance with any applicable foreign laws. These terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. Subject to the Arbitration provision set forth in Section 12, you hereby consent and submit to the personal jurisdiction in the state and federal courts located in Essex County, New Jersey. If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Any waiver of any provision of these terms must be in writing signed by an authorized representative of the Devils to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as noted below.

SEE SECTION 17 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15.

16.) AMENDING THE TERMS AND CONDITIONS OF USE: These Terms of Use constitute the entire agreement between the parties and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Devils. We may add to, change, terminate, or remove any part of these Terms of Use at any time, without notice. Any changes to these Terms of Use or any terms shown on this Website will be binding upon you when you next use a Service. If you do not agree to those changes, you must not access or use any of the Services. By continuing to access or use any Service after any changes are posted, you are indicating your acceptance of those changes. It is therefore your responsibility to check these Terms of Use each time you use a Service, so that you can take note of any amendments we may make. We may add, change, discontinue, remove or suspend any other content displayed on the Services, including features and specifications of products and services described or depicted on the Services, temporarily or permanently, at any time, without notice and without liability.

17.) EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE: If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence.

If you are a New Jersey resident or otherwise have rights under New Jersey's consumer protection laws, the terms of Sections 5, 6, 7, 8, 10, 14, and 15 do not limit or waive your rights under New Jersey law and the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, the Devils reserve all rights, defenses and permissible limitations under the laws of New Jersey and under the laws of your State of residence.

Notwithstanding the foregoing, nothing in this Section shall modify Subsection 12(B) ("Formal Resolution by Arbitration/Class Action Waiver").

18.) CONTACT: If you have any comments or questions about the above Terms of Use, please contact:

New Jersey Devils Website c/o New Jersey Devils LLC
25 Lafayette Street
Newark, NJ 07102
(973) 757-6500
[email protected]