NBC SPORTS PASS INTERNATIONAL TERMS OF SERVICE

Effective date April 20, 2017

NBC Sports Ventures, LLC (collectively, "NBC Sports Gold", "we", "our" or "us") is pleased to offer NBC Sports Pass, a Subscriber Video on Demand mobile and tablet application, and its related website, services, products, and software (collectively, the "Service"). These Terms of Service apply whenever you access the Service, regardless of platform or device used. Your subscription to the Service (the "NBC Sports Pass") is also governed by the Subscription Agreement, which is incorporated by reference in these Terms of Service.

Please read these terms of service carefully; they contain important information regarding your legal rights.

TABLE OF CONTENTS

1. Introductions and Updates

2. Account Access & Security

3. Our Intellectual Rights & Limited License to You

a. Restrictions

4. Acceptable Use Policy

5. Monitoring

6. User Content

7. Disclaimer of Warranties and Limitation of Liability

8. Third Party Websites and Content

9. Termination

10. Infringement Policy

11. Export Control

12. Dispute Resolution

13. General

14. Apple IOS Terms

**Arbitration Agreement

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1. Introductions and Updates

Thanks for choosing NBC Sports Pass! NBC Sports Pass is a live streaming service that allows you to watch the live events for the sport you have selected, as well as the full event replay during your subscription. NBC Sports Pass is available on desktop, mobile, and tablets.

We have to cover a few legal matters and then you can get started using the Service.

By accepting these terms of service, and using the service, you are: (1) entering into a binding agreement with NBC Sports Ventures, LLC, a United States company, (2) acknowledging that you agree to all of the terms in these Terms of Service and the Subscription Agreement; and (3) certifying that you are over the age of majority in your jurisdiction. If you do not agree to these Terms of Service, please do not use the service.

Occasionally we may make changes to any portion of the Service and/or Terms of Service. For new users, such revisions shall be effective immediately; provided however, for existing subscribers, such revisions shall, unless otherwise stated, be effective 30 days after you have been notified about such changes by email. You may refuse the amendment and cancel your Subscription without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice.

You agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of the Service or these Terms of Service.

2. Account Access & Security

In order to use the Service, you will need to create an NBC Sports Pass account ("Account"). The individual who registers to use the Service and provides payment for the subscription will be the Account owner ("Account Owner"). The Account Owner will:

§ have access and control over the NBC Sports Pass Account

§ be responsible for updating and maintaining the truth and accuracy of the information provided to us relating to the NBC Sports Pass Account, including all registration and contact information; and

§ be solely responsible for maintaining the security and confidentiality of the username and password used to access the NBC Sports Pass Account.

Please immediately notify us of any unauthorized use or any other breach of security relating to the NBC Sports Pass Account.

3. Our Intellectual Property Rights & Limited License to You

Your use of the Service shall be limited solely to your personal and non-commercial use. The Service contains material that is derived in whole or in part from material supplied and owned by NBC Sports Gold as well as third parties we work with (collectively, "Content"). As between NBC Sports Gold and you, NBC Sports Gold owns all right, title and interest in and to the copyrights, trademarks, service marks, trade names, and all other intellectual and proprietary rights throughout the world associated with the Service and Content. You acknowledge NBC Sports Gold's valid intellectual and proprietary property rights in the Service and Content and that your use of the Service is limited to the online access, viewing, streaming and (where expressly permitted by NBC Sports Gold) temporary offline access of Content, all solely as authorized by NBC Sports Gold. Nothing in these Terms of Service shall be deemed to convey to you any right, title or interest in or to the Service or Content or to any portion thereof except for the limited rights expressly granted herein or as provided to you based on mandatory legal rules applicable to the use of the Service in your jurisdiction..

To the extent that NBC Sports Gold makes Content available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism or other content protection or access control measure associated with Content, or any advertisement delivered with Content.

You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.

a. Restrictions

You may use your Account to access a maximum of one (1) stream of Content at any time across all of your Devices. Simultaneous access to multiple streams of Content by a single account holder is strictly prohibited. You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (each a "Device") or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) any copyright, trademark, or other proprietary notices marked on the Service or Content, (ii) any digital rights management mechanism or other content protection or access control measure associated with our Services or Content, or (iii) any advertisement on the Service and/or within Content. You may not either directly or through the use of any Device or other means copy, download, stream, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Service or Content unless expressly permitted hereunder or by NBC Sports Gold in advance in writing. You may not incorporate Content into, or stream or retransmit the Content via, any hardware or software application or make the Service or any Content available via frames or in-line links, and you may not otherwise surround or obfuscate the Content or Service with any third party content, materials or branding. You may not use any software robot, spider, crawler, or other data gathering or extraction tool, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of the Service. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Service or its servers and infrastructures. You may not build a business on, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing, any portion of the Service or Content, whether or not for profit.

To the extent that NBC Sports Gold makes available to you via a widget, embedded player or other technology that allows you to embed or stream Content on or to another site, you may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of such technology, any digital rights management mechanism or other content protection or access control measure associated with Content, or any advertisement delivered with Content.

You are prohibited from disabling, modifying, interfering with or otherwise circumventing any technology to allow users to view Content without: (i) displaying visibly both Content and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks); and (ii) having full access to all functionality permitting viewing of Content, including, without limitation, all video quality and display functionality and all interactive, elective or click-through advertising functionality.

4. Acceptable Use Policy

The following rules are a condition of your use of and access to the Service. You are responsible for the content of your communications via the Service.

  • No Interference. You may not interfere with any other user's ability to use or enjoy the Service.
  • No Bullying . You may not use the Service to threaten, abuse, harass, or invade the privacy of any third party.
  • Your Materials Must Be Lawful and Appropriate . You may not upload, post or otherwise distribute or facilitate the distribution of any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, indecent or otherwise inappropriate information of any kind, including, without limitation, any images or other material of a sexual nature.
  • Don't Damage the Service or Our Servers. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Service or its servers and infrastructures. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus or any other computer code that is designed or intended to disrupt, damage, or limit the functioning of the Service, or to obtain unauthorized access to the Service or Content or any data or other information of any third party.
  • No Unauthorized Access . You may not attempt to gain unauthorized access to other computer systems or networks connected to the Service, Content or any information contained therein for any unlawful purpose.
  • No Collection of Personal Information from Other Users and No Commercial Use . You may not collect information about other users of the Service, or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation.
  • No Criminal or Unlawful Conduct . You may not use the Service, Content or any information contained therein for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability. You may not use any of the Service in connection with any site or other use that contains or is associated with information or content prohibited by this section.
  • No Misuse of the Services or Content . You may not: (1) transmit or make the Service or Content available over a network where it could be used by multiple computers or Devices at the same time; (2) make any software contained in the Service a standalone product; (3) take any action that will infringe on the intellectual property or other proprietary rights of NBC Sports Gold or any third party software provider; (4) sublicense or assign the software; (5) view any Content other than within the country or location authorized by your NBC Sports Gold Pass ("Territory").

We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to the Service or seeking other legal or equitable remedies, once we become aware of a material violation of these provisions.

5. Monitoring

NBC Sports Gold may, but unless required by law has no obligation to, monitor the use by you and other end users of the Service. During monitoring, any information relating to any user or their respective activities on the Service may be examined, recorded, copied, and used to enforce these Terms of Service.. Furthermore, NBC Sports Gold reserves the right at all times to disclose any information posted on any portion of the Service or traceable through the Service as necessary to satisfy any law, regulation or governmental request or to enforce any applicable laws or proprietary rights or right of publication of NBC Sports Gold, or to refuse to post, or to remove, any information or materials, in whole or in part, that in NBC Sports Gold's sole and absolute discretion are objectionable or in violation of these Terms of Service, applicable laws or property rights or right of publication of NBC Sports Gold.

6. User Content

Certain features of the Service may allow you to post, upload and/or contribute content to the Service ("User Content"). You are solely responsible for any User Content you provide and for any consequences thereof. You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us as contemplated by these Terms of Use, does not violate these Terms of Use, applicable law, or the intellectual property or publicity rights of others. You grant us a worldwide, royalty-free, sub-licensable, non-exclusive right and license to use, reproduce, translate, publicly display, publicly perform, modify, sublicense, and distribute such User Content on the Service. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content that you post to the Service.

NBC Sports Gold is not responsible for User Content nor does it endorse any opinion contained in User Content.

You are solely responsible for your own User Content. This means that you, and not NBC Sports Gold, are entirely responsible and liable for any claims, loss or damages relating to all User Content that you upload, post, e-mail or otherwise transmit via the Service. You understand that by using the Service, you may be exposed to User Content that is offensive, indecent, or objectionable.

7. Disclaimer of Warranties and Limitation of Liability

While NBC Sports Gold uses reasonable efforts to include current information on the Service, NBC Sports Gold makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise.

We provide the service on an "as-is" and "as-available" basis. NBC Sports Gold does not warrant that the Service, or your access to or use of the Service will (1) be uninterrupted; (2) be free from inaccuracies, errors, viruses or other harmful components; (3) meet your requirements; or (4) operate in the configuration or with the hardware or software you use. NBC Sports Gold does not warrant that the functions contained in the Service will be available, uninterrupted or error-free, that defects will be corrected, or that the Service or the servers that make the Service available are free of viruses or other harmful components. NBC Sports Gold does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services or other content on the service or any web sites linked thereto in terms of their correctness, accuracy, reliability, or otherwise. NBC Sports Gold makes no warranties that your use of the materials, information, software, facilities, service or other content on the service or any web site will not infringe the rights of others.

8. Limitation of Liability

NBC Sports Gold's liabilities are limited as follows:

· NBC Sports Gold shall be fully liable for intent and gross negligence as well as for damages caused by injury to life, body or health.

· In an event of slight negligence, NBC Sports Gold shall be liable only for breaches of a material contractual obligation ("Cardinal Duty"). A "Cardinal Duty" in the meaning of this provision is an obligation whose fulfillment makes the implementation of this contract possible in the first place and on the fulfillment of which the contractual partner may therefore generally rely.

o NBC Sports Gold shall not be liable for any lack of commercial success, lost profits and indirect damages in connection with a Cardinal Duty.

o Liability shall be limited to the typical, foreseeable damages.

o The limitation of liability shall apply mutatis mutandis to the benefit of the employees, agents and vicarious agents of NBC Sports Gold.

Any potential liability on the part of NBC Sports Gold for any warranties and for claims based on applicable product liability laws shall not be affected.

9. Third Party Websites and Content

For your convenience, the Service may provide links to websites of other persons or entities ("Third-Party Websites"). However, such third-party websites are not controlled by NBC Sports Gold. Your use of third-party websites is at your own risk. The inclusion of a link to a third-party website in the Service does not imply an endorsement by NBC Sports Gold.

10. Termination

NBC Sports Gold may terminate your password, account (or any part thereof) or use of the Service, or remove and discard any User Content or information stored, sent, or received via the Service without prior notice and for any of the following reasons: (i) permitting any unauthorized access or use of the Service, (ii) a material violation of these Terms of Service, or (iii) tampering with or altering any of the software, data files, and/or Content contained in or accessed through, the Service. Termination, suspension, or cancellation of these Terms of Service or your access rights to the Service shall not affect any right or relief to which NBC Sports Gold may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to NBC Sports Gold and its licensors.

11. Infringement Policy

NBC Sports Gold respects the intellectual property of others, and we ask our users to do the same. The Service and materials incorporated by NBC Sports Gold therein are protected by copyrights, patents, trade secrets or other proprietary rights. Some of the characters, logos or other images incorporated by NBC Sports Gold in the Service are also protected as registered or unregistered trademarks, trade names and/or service marks owned by NBC Sports Gold or others.

NBC Sports Gold reserves the right, but not the obligation, to terminate your license to use the Service if it determines that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. NBC Sports Gold accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. Therefore, if you believe that any such third party materials infringe your intellectual property please send a written notice to the agent identified below to request a review of the alleged infringement:

By mail:
Gillian M. Lusins
NBC Universal Law Department
620 Fifth Avenue, Fifth Floor, Room 574
New York, New York 10112

By e-mail: dmca.agent@nbcuni.com

Any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

  • Your name, address, telephone number, and e-mail address;

· A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed;

· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the online services are covered by a single notification, a representative list of such works. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials;

· Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NBC Sports Gold to locate the material;

· A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and

· A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

12. Dispute Resolution

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service, Content, these Terms of Service, whether heretofore or hereafter arising, or to any of NBC Sports Gold's actual or alleged intellectual property rights (collectively, a " Dispute"), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute along with a proposed resolution. Our notice to you will be sent to you based on the most recent contact information that you provide us, but if no such information exists or if such information is not current then we have no obligation under this Section 12.

Your notice to us must be sent to:

By mail:

NBC Universal Law Department

620 Fifth Avenue, Fifth Floor, Room 574

New York, New York 10112

By e-mail: support@nbcsportsgold.com

For a period of sixty (60) days from the date of receipt of notice from the other party, NBC Sports Gold and you will engage in a dialogue in order to attempt to resolve the Dispute, though nothing will require either you or NBC Sports Gold to resolve the Dispute on terms with respect to which you and NBC Sports Gold, in each of our sole discretion, are not comfortable.

Limited Time to File Claims . To the fullest extent permitted by applicable law, if you or we want to assert a Dispute against the other, then you or we must commence it (by delivery of written notice as set forth this section within one (1) year after the Dispute arises, or it will be forever barred.

Injunctive Relief . The foregoing provisions of this section will not apply to any legal action taken by NBC Sports Gold to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to any Content, your User Content and/or NBC Sports Gold's intellectual property rights, NBC Sports Gold's operations, and/or the Service.

13. Export Control

The Service is controlled and operated by NBC Sports Gold from its offices within the State of New York. Software from the Service is further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. You must not access or use the Service if you are located in, under the control of, or resident of any such country or on any such list.

14. General

  1. No Waiver . No failure or delay by NBC Sports Gold in exercising any right, power or privilege under these Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service.
  2. Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Service will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.
  3. Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
  4. This Is the Entire Agreement. These Terms of Service and the Subscription Agreement represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in text form by the party to be charged.
  5. Assignment. You shall not assign your rights or obligations hereunder without NBC Sports Gold's prior written consent.

15. Apple IOS Terms

If you are accessing or using the Service through an Apple Device, the following additional terms and conditions are applicable to you and are incorporated into these Terms of Service by this reference:

  1. To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms of Service are entered into between you and NBC Sports Gold and, that Apple, Inc. ("Apple") is not a party to these Terms of Service other than as a third-party beneficiary as contemplated below.
  2. The license granted to you in Section 4 of these Terms of Service is subject to the permitted Usage Rules set forth in the App Store Terms (see: http://www.apple.com/legal/itunes/de/terms.html ) and any third party terms of agreement applicable to the Service.
  3. You acknowledge that NBC Sports Gold, and not Apple, is responsible for providing the Service and any Content therein.
  4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the Service.
  5. Apple will have no other warranty obligation whatsoever with respect to the Service.
  6. Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Service, you acknowledge that, solely as between Apple and NBC Sports Gold, NBC Sports Gold and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Service fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  7. Further, you agree that if the Service, or your possession and use of the Service, infringes a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claims.
  8. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Service, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary thereof.
  9. If you have any questions, comments, or claims, or you would like to correct any errors before entering into this agreement, please contact NBC Sports Gold at:

E-mail: support@nbcsportsgold.com

NBC Universal Law Department
620 Fifth Avenue, Fifth Floor, Room 574
New York, New York 10112


Arbitration Agreement - For users outside of Switzerland and Germany

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service and to the fullest extent permitted by applicable law, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Service (including this Site), (ii) any purchases or other transactions or relationships with NBC Sports Gold made through the Service, or (iii) any data or information you may provide to NBC Sports Gold or that NBC Sports Gold may gather in connection with such use, interaction or transaction conducted through the Service (collectively, "NBC Sports Gold Transactions or Relationships"), you will not have the right to pursue a claim in court or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. To the extent permitted by applicable law, by clicking to indicate your agreement to these Terms of Service and by using or interacting with the Site or the Service, or engaging in any other NBC Sports Gold Transactions or Relationships with us, you agree to binding arbitration as provided below. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. To the extent permitted by applicable law, by agreeing to these Terms of Service and by using the Service, you agree that, if those efforts fail, any complaint, dispute, or disagreement you may have against NBC Sports Gold, and any claim that NBC Sports Gold may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or your subscription, shall be resolved exclusively by final and binding arbitration ("Arbitration") administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the "Applicable Rules"). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the "AAA") instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the "Applicable Rules" in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness or successor or analogous policies in effect which would be applicable to the matter in dispute ("Minimum Standards"), NBC Sports Gold agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth herein, provided however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Arbitration Agreement shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You further agree that:

  1. Single Arbitrator . The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and NBC Sports Gold (the "Arbitrator");
  2. Arbitrator Will Interpret This Agreement . The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Service and/or the arbitration provisions in this Arbitration Agreement, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable;
  3. Location of Arbitration . The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and NBC Sports Gold; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.
  4. No Class Relief . The Arbitration can resolve only your and/or NBC Sports Gold's individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
  5. Written Award . The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it (an "Award"). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
  6. Arbitration Costs . In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, NBC Sports Gold will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
  7. Reasonable Attorney's Fees . In the event you recover an Award greater than NBC Sports Gold's last written settlement offer, the Arbitrator shall also have the right to include in the Award NBC Sports Gold's reimbursement of your reasonable and actual out-of-pocket attorneys' fees associated with the Arbitration, but NBC Sports Gold shall in all events bear its own attorneys' fees; and
  8. Interpretation and Enforcement of Arbitration Clause . If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart D is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor NBC Sports Gold shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.

Modification of Arbitration Clause with Notice . NBC Sports Gold may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after NBC Sports Gold has given notice of such modifications and you have agreed to such modification that satisfies the written agreement and text requirements set out above and shall only apply to claims that arise after the effective date of such notification.

Subscription Agreement

NBC Sports Ventures, LLC (collectively, "NBC Sports Gold", "we", "our" or "us") is pleased to offer NBC Sports Pass, a Subscriber Video on Demand mobile and tablet application, and its related website, services, products, and software (collectively, the "Service"). When you sign-up for a subscription to the Service, you agree to the terms and conditions set forth in this Subscription Agreement (this "Subscription Agreement") and the Terms of Service.

We reserve the right, in our sole discretion, to change, modify, add or remove any or all provisions of this Subscription Agreement at any time and post the modified Subscription Agreement on the Service.. If we make any changes to this Subscription Agreement, we will notify you of such changes via the Service and you have the right to terminate this Subscription Agreement within 30 days of such notice. After expiry of this notice period, the changes will become effective. If you do not agree to this Subscription Agreement, you may not use the Service. This Subscription Agreement is part of and is incorporated by reference into the Terms of Service, and all terms and provisions of the Terms of Service shall apply to your use of the Service. In the event of any conflict between the Terms of Service and this Subscription Agreement, the terms of this Subscription Agreement shall govern.

**Some of the Content on the Service may not be appropriate for children. Individuals who have not reached the age of majority in the jurisdiction where they reside are not permitted to subscribe to the service. You are responsible for making sure that the Service is not accessed via your Account by persons for whom it may not be appropriate.

1. NBC Sports Pass Subscription: Billing; Automatic Renewal and Cancellation

Subscription Period . Your NBC Sports Pass Subscription will provide you access to all of the content relating to the sport you select for the period provided during sign-up ("Subscription Period"). Although the season for that sport (i.e. the period during which live matches or events take place), may be shorter, than the Subscription Period, you will have access to replays of the live events and other supplemental content for the full Subscription Period. For more detail about the content available during your Subscription Period please review our FAQs <insert link/>.

Payment and Fees . You will be billed upfront for the cost of the full Subscription Period, in addition to any applicable taxes, transaction fees and other charges and fees incurred in order to access the Service. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") for payment. You may edit your Payment Method information in your Account page. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.

Billing Information . For purposes of your use of the Service, including identification and billing, you agree to provide the trusted third parties (listed on the Service at the time of payment) that we have retained to perform billing and subscription-related functions with true, accurate and complete information as required by the subscription or sign up process to the Service ("Subscription Data"), including your legal name, address, telephone number, e-mail address and applicable billing information (e.g., credit card number and expiration date), for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Subscription Agreement, if you provide material information that is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your user account or subscription and refuse any and all current or future use by you of the Service. You must check your Account page to determine whether your Subscription Data is current and accurate, and, if not, to correct or update your Subscription Data, including your billing information.

If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, you remain responsible for any uncollected amounts.

Price Increases . We reserve the right to increase charges and fees, or to institute new charges or fees at any time, upon reasonable advance notice as contemplated in this Subscription Agreement and communicated to you through a posting on the Service or such other means as we may deem appropriate from time to time (including e-mail or conventional mail). Such price increases will be applied on a prospective basis and you will be notified about the increase. You have the right to terminate this Subscription Agreement within 30 days of such notice. After expiry of this notice period, the changes will become effective.

Automatic Renewal . By starting your subscription and providing or designating a payment method, you authorize us to charge your payment method at the start of your billing period and, where applicable, at the start of each renewal period, unless you terminate or cancel your subscription in accordance with Section 4 before the relevant renewal period begins.

Each time you are charged for your renewal, the renewal charge will be the same as the prior period's charge, unless (a) you were eligible for a discounted rate but are no longer eligible for that discounted rate, in which case your renewal charge will be in an amount equal to the then-current full term regular price for the product you subscribed to; or (b) we notify you in accordance with this subscription agreement in advance at the time of sign up or prior to the beginning of the renewal period that your renewal price will be changing.

We will notify you before the end of your subscription period that your subscription is expiring and we will provide you with the terms and conditions that will apply. If you do not cancel your subscription before the expiration of your then current subscription period, your subscription will be automatically renewed at the renewal price for the renewal period you were notified of.

In the event we cannot charge your account, we reserve the right to terminate your access to the Service.

Automatic Renewal is not available for residents of Quebec.

2. Free Trials

Your NBC Sports Pass Subscription may start with a free trial. NBC Sports Gold reserves the right, in its absolute discretion, to determine your free trial eligibility.

Except for consumers resident in the province of Quebec, If you purchased a subscription with a free trial period, you authorize us to charge your credit card or other account when the free trial period ends, unless you cancel your subscription before the free trial period ends. To find end date of your free trial period or to cancel, visit your Account page on the Service.

FOR CONSUMERS RESIDENT IN THE PROVINCE OF QUEBEC, YOUR SUBSCRIPTION, YOU WILL BE PROMPTED TO SUBSCRIBE TO THE SERVICE AT THE END OF THE TRIAL PERIOD. YOUR TRIAL WILL NOT AUTOMATICALLY CONVERT TO A PAID SUBSCRIPTION.

3. Account Restrictions

If we have reason to suspect, in our sole discretion, that your Account has previously been revoked, we reserve the right to terminate any new Account(s) you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.

Protecting Your Account . You must notify us immediately in the event of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else's password or credit card information. In the event of a breach of security committed by you or occurring by use of your password or credit card information for which you are responsible, you will remain liable for any unauthorized use of your Subscription until you update your Subscription Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, you must update your Subscription Data in your Account.

4. Cancellation; and Refunds

Cancellation. You may cancel your NBC Sports Pass Subscription at any time. The cancellation will take effect the day after the last day of the current Subscription Period and you will continue to have access to your Subscription until that date. However, if you cancel your payment and/or terminate this Subscription Agreement after your Right of Withdrawal has expired, and/or before the end of the Subscription Period, we will not refund any subscription fees already paid to us.

You can cancel your subscription by contacting customer service support@nbcsportsgold.com or by such other means as we may provide from time to time. We will attempt to process all cancellation requests within 72 hours after we receive your request. If you cancel near the end of your billing period and are inadvertently charged for the next period's fee, contact customer service to have the charges reversed.

Upon cancellation or termination of your subscription to the Service, we may deactivate your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files, the Service (or part thereof) except as we may otherwise provide in writing from time to time.

No Refunds . Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to your NBC Sports Pass through the end of your current Subscription Period. At any time, and for any reason, we may provide a refund, discount, or other consideration ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

5. Availability of the Service

The availability and use of the Service may be limited based on age, geographic location or other criteria as we may establish from time to time and communicate to you.

6. Legally Mandatory Information

Our offers are not binding.

By clicking on the button "Confirm Purchase", you make a legally binding offer with regard to the subscription to the Service. The offer is accepted by us with the subsequent explicit acceptance via email. The Subscription Agreement shall have no effect until we accept the offer.

The text of the agreement is not stored by us. However, it will be sent to you together with this Subscription Agreement and the Terms of Service via email.

You are entitled to statutory warranty rights.

7. Right of Withdrawal

The following instructions on withdrawal apply for paid-for subscription of the Service.

Instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

The withdrawal right expires concerning an agreement on the supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.

8. Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

- To:

NBC Sports Ventures, LLC,

620 Fifth Avenue, Fifth Floor, Room 574,

New York, New York 10112

E-Mail: support@nbcsportsgold.com

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

- Ordered on (*)/received on (*),

- Name of consumer(s),

- Address of consumer(s),

- Signature of consumer(s) (only if this form is notified on paper),

- Date

__________

(*) Delete as appropriate