TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS OF USE ("TERMS OF USE" or "TERMS") CAREFULLY BEFORE USING THIS SITE.

By using the NHL® Mobile Video Alerts Web Site ("Site"), you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the Site. The reference to "you" means anyone who subscribes to a Subscription Plan. This Site is owned by NHL® Interactive CyberEnterprises ("NHL"), and operated by Airborne Mobile Inc. ("Airborne") on their behalf, and we ("we" references either NHL or Airborne or both) reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time without notice. Please check these terms periodically for changes. Your continued use of this Site following the posting of changes to these terms will mean that you accept all such changes.

All images and content on this Site are the property of their respective owners and are used with permission by NHL and/or Airborne. The copyrights, trademarks and service marks ("Marks") displayed on this Site are the property of their respective owners and you are not permitted to use the Marks without the express written consent of NHL, Airborne or their respective owners. Unauthorized use of the name and Marks or any of the images or content on this Site will result in appropriate legal action.

NO WARRANTIES ARE MADE ON ANY MATERIAL(S) ACCESSED FROM THIS SITE ON DEVICES THAT DO NOT COMPLY WITH STATED COMPATIBILITY.

Restrictions On Use Of Materials

All materials contained in this Site are the copyrighted property of NHL, Airborne, their respective affiliates and/or third party licensors or sub-licensors. All trademarks, service marks, trade names, and trade dress are proprietary to NHL, Airborne, their respective affiliates and/or third party licensors or sub-licensors. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. For purposes of these terms, the use of any such material on any other web site or computer environment is prohibited.

In the event that you download material from this Site, the software, including any files, images and data accompanying the material (collectively, the "material" or "materials") are licensed to you by us or our third party licensors for your personal, noncommercial home use only. We do not transfer title of the material to you. You may own the medium on which the material is recorded, but we and/or our third party licensors retain full and complete title to the materials and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the materials to a human-readable form.

Disclaimer

THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY WEB SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO ANY DOWNLOAD OF MATERIAL(S) IS SOLELY AT YOUR OWN RISK AND THAT YOU ALONE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE, OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OR DOWNLOAD OF MATERIAL(S).

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on third party sites that link to or from this Site. We 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 Site or third party content available on this Site. We neither endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, any collection of personal information) you might be requested to give any third party or third party site, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties or third party sites.

Indemnification

You hereby indemnify, defend, and hold NHL, Airborne and our respective affiliates, officers, directors, owners, agents, information providers, partners, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Limitation Of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

THIS SITE DOES NOT ACCEPT PAYMENT; ALL PURCHASES FROM THIS SITE WILL APPEAR ON YOUR MONTHLY BILL FROM YOUR CARRIER.

Jurisdictional Issues

We make no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to access this web site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is further subject to applicable export control laws and regulations of the United States or the laws of the country in which you reside and you acknowledge that you will act in compliance with any such export control laws and regulations.

Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of this Site and destroying all materials obtained from this Site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to this Site may be terminated immediately without notice from us if we deem, in our sole discretion, that you have failed to comply with any term or provision of these terms. Upon termination, you must cease use of this Site and destroy all materials obtained from the Site and all copies thereof, whether made under these terms or otherwise.

Subscriptions and Subscription Plans

NHL® offers its customers the option to subscribe to a monthly recurring charge ("MRC") video alerts service for the team of their choice via Web site registration or MO (shortcode plus keyword). Standard text message rates apply. User may register for multiple subscriptions (one subscription per team) and will be charged a monthly fee for each unique subscription. For every game in which the team of their choice is playing, user will receive one video alert per period (3 per game) featuring the key goal scored during that period by either team (key goal determined by the NHL). User will also receive one extra alert should the game continue into overtime or a shootout (maximum of 4 alerts per game). Should no goals be scored by either team during a period, user will not receive an alert. For more information contact Airborne at 1-877-247-3866. The details of the plans (the number of alerts available as part of a particular Subscription Plan, the renewal period of a particular Subscription Plan, etc.) are incorporated into this Agreement by reference and form part of the terms of this Agreement.

The Subscription Plan between you and NHL shall begin upon your request, on the date of your registration. The subscription period, unless stated otherwise, is one (1) month. The Subscription Plan and subscription period will be renewed each month and a new subscription fee shall become due for the new subscription period. The Subscription Plan shall remain in effect until terminated and/or cancelled by you or NHL as described in the How to Cancel a Subscription Plan section of this Agreement.

How the Subscription Plans Work

The Verizon Wireless Subscription Plan entitles Verizon Wireless subscribers to receive NHL® Mobile Video Alerts for a monthly flat fee as per the Plan summary below. The monthly flat fee shall be billed every month whether or not you actually view the MMS messages on your mobile device; the consideration for the monthly flat fee shall solely be the monthly provision of the right to receive mobile sports content - in other words the making available of the respective information. The amount billed will appear as an additional line item on your regular wireless invoice.

Fees for the Verizon Wireless Subscription Plan

$2.99/month (Verizon Wireless Subscribers Only)

The details of the monthly fee for the Verizon Wireless Subscription Plan to NHL® Mobile Video Alerts content are identified and available as described above. You agree to pay your mobile device wireless carrier the monthly fee that corresponds to the specific Subscription Plan that you select in accordance with the fees in effect at the time of your order. Unless otherwise indicated, the charges shall be invoiced on the bill from your participating mobile carrier. All fees are subject to change upon notice from NHL, and we will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you will have 14 days from the date of such notice to cancel your Subscription Plan and/or your account effective at the end of the then current calendar month. All fees are due immediately and are non-refundable, except as otherwise expressly noted.

How to Cancel a Subscription Plan

To cancel your Subscription Plan, send a text message with the text "STOP" to "PUCK" (7825), or such other number as may be designated on the MyNHLMobile.com website, or go to the FAQ section of the NHL® Mobile Video Alerts Site to cancel via email. You may also contact Airborne at 1-877-247-3866 to have your subscription cancelled. The termination shall become effective at the end of the billing period in which you gave your notice of termination, meaning no further charges will be billed.

General Provisions

These terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 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. This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided for in this agreement.

Privacy Policy; Limitations On Use

We are committed to ensuring your privacy online. This website does not collect personal information without your knowledge and consent. Information that we collect is used to assure content compatibility with your handset and delivery to your carrier and phone number. We do not trade, share, sell or rent any information that you may choose to share voluntarily through feedback forms and/or e-mail.

NHL® Mobile Video Alerts is not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information. Minors between the ages of 13 and 17 should get permission of their parent(s) or legal guardian(s) before making purchases, and/or subscribing to this Site. By making a purchase from NHL you are confirming that you are at least 13 years of age, and are a Verizon Wireless subscriber, or that you have the consent of such a subscriber to make purchases from the NHL Site. We do collect anonymous traffic data from visitors including IP address and domain servers. This information does not identify you personally and provides valuable information in assessing our capabilities and services to our visitors. We may use such traffic data and/or personal information that you provide us voluntarily for marketing and promotional purposes. By using this web site, you signify your agreement to these terms of use. NHL and/or Airborne reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time without notice. Please check these terms periodically for changes. Your continued use of this Site following the posting of changes to these terms will mean that you accept all such changes.