Terms and Conditions

END-USER LICENSE AGREEMENT AND TERMS OF SERVICE

Last updated: April 23, 2026

1. ABOUT THIS AGREEMENT

The following terms and conditions govern your access to and use of the TD Garden website (the "Site") and the TD Garden/Hub on Causeway/Boston Bruins wireless device application (the "TD Garden App") made available by Delaware North Companies, Inc.-Boston, Boston Professional Hockey Association, Inc., Podium Developer, LLC on behalf of TD Garden and Hub on Causeway, and/or Hub on Causeway tenants of Podium Developer, LLC, respectively (collectively, all such entities are referred to as the "Company", "TD Garden", "we", "us" or "our"), and your use of any content, products, services and functionality available at or through the Site or the TD Garden App (the "Services"). The Site and TD Garden App are provided by the Company subject to the terms and conditions contained herein and in all other rules, policies and procedures that may be published or updated from time to time by the Company through the Site and the TD Garden App (collectively, the "Agreement"). The Site and the TD Garden App provide access to information, goods, services or event opportunities oZered or on behalf of the Company, as well as by third parties (the "Services"). THIS AGREEMENT CONTAINS MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN SECTION 17(b) (CHOICE OF LAW; DISPUTE RESOLUTION; NO CLASS ACTIONS) BELOW. Without limiting the foregoing, this Agreement also incorporates by reference our privacy policy, as it may be updated from time to time pursuant to the terms therein (the "Privacy Policy"). PLEASE READ THIS END-USER LICENSE AGREEMENT AND TERMS OF SERVICE AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THE SITE OR DOWNLOADING THE TD GARDEN APP. By clicking on or pressing "I accept", "I agree" or similar verbiage during the download, installation and/or signup progress for the TD Garden App, or by accessing or using any part of the Site, you agree to become bound by the terms and conditions of this Agreement, which form a legally binding contract between you and us. If you do not agree to all the terms and conditions of this Agreement, then you may not use the Site and you may not download the TD Garden App.

If you are using or accessing the Site or the TD Garden App on behalf of an employer or another entity, you represent and warrant that you have the authority and capacity to bind such entity to this Agreement. Please note that the Services are currently available only to individuals who are at least 16 years old and legal residents of the United States of America. If you are less than 16 years old or not a U.S. resident or citizen, you may not download the TD Garden App or use the Services.

2. ACCEPTABLE USE POLICY

The Site, the TD Garden App, and the Services (collectively, the "Experience") are only available for access and use by you for lawful purposes. You understand that when using the Experience, you may be exposed to user content provided by other users or third parties, and you agree that we are not responsible for the accuracy, safety, appropriateness or intellectual property rights in or related to such content. Any action by you or associated with your use of the Experience that we believe, in our sole and absolute discretion: (a) violates this Agreement; (b) violates any applicable law, statute, court order, regulation or ordinance (including, without limitation, those governing export control, consumer protection, unfair or deceptive practices, and false advertising); (c) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use by anyone of the Services; or (d) through the use of the Experience, abuses, defames, harasses, libels, disparages or threatens another user of the Experience or any other third party, is strictly forbidden. You also may NOT:

  • Solicit for commercial purposes other users of the Experience
  • Distribute or post solicitations, promotional materials, spam, junk mail, chain letters, mass or bulk email, or pyramid schemes;
  • Distribute or post content that you know or reasonably suspect is false, misleading, untruthful, deceptive, or inaccurate;
  • Post defamatory, abusive, profane, threatening, oZensive, disparaging, harassing, or illegal materials;
  • Take any action that attempts to impersonate, deceive, or defraud any person or entity;
  • Use metatags or any other "hidden text" utilizing any of our or any third party's product names or trademarks;
  • Harvest or otherwise collect personal information about users, including e-mail addresses, without their consent;
  • Use any robot, spider, crawler, scraper, bots or other automated means to access or use the Experience;
  • Introduce or attempt to introduce software viruses, Trojan horses, worms, backdoors or any other computer codes, files, or programming instruction or set of instructions that are designed or intended to disrupt, disable, harm, interfere or otherwise adversely aZect any computer programs, software, firmware, hardware, mobile devices, wireless devices, computer systems, data or operations;
  • Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
  • Take any action that attempts to gain unauthorized access to, or attempts to compromise the normal functioning operation or security of, any network, system, computing facility, equipment, data or information of anyone;
  • Take any action that discloses or attempts to gain unauthorized access to user names, passwords, email address, or other personal information of anyone, including, without limitation, other end users;
  • Take any action that bypasses or attempts to bypass, or circumvents or attempts to circumvent, any measures we may use to prevent or restrict access to the Experience or certain features or modules of the Experience; or
  • Attempt to benchmark the Experience.

We reserve the right to immediately block or disable your ability to use the Site or the TD Garden App, and/or otherwise suspend or terminate your access to any of the Services, if, in our sole and absolute discretion, we believe that you have engaged in any of the foregoing activities.

3. OUR INTELLECTUAL PROPERTY RIGHTS

The Site and the TD Garden App is licensed to you, not sold. As between you and the Company, you agree and acknowledge that the Company owns all rights, title, and interest in and to the Site and the TD Garden App, including, without limitation, the content made available therein and all Intellectual Property Rights associated with the foregoing. For the purposes of this Agreement, "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and related laws, as well as any other proprietary rights. You agree to not remove, obscure or alter the Company's or any third party's copyright notice, patent notice, trademark notice, or other notices aZixed to or contained within or accessed in connection with any part of the Experience. The Company hereby expressly reserves all rights in and to the Site and the TD Garden App, the content made available therein and all related Intellectual Property Rights. Without limiting the generality of the foregoing, you acknowledge that all trademarks appearing on the Site or the TD Garden App are the property of their respective owners.

4. LIMITED LICENSE

You may only use the Experience on a device that you own or control and such right to use the Experience shall be limited, non-exclusive, non-sublicenseable and non-transferable. You agree not to reproduce, distribute, publicly perform, publicly display, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble (or otherwise attempt to derive source code from) the Experience. In addition, you may only conduct personal, non-commercial use of the Experience and you may not use the Experience in any manner that could damage, disable, overburden, or impair the Company's or its service providers' systems (e.g., you may not use the Experience in an automated manner), nor may you use the Experience in any manner that could interfere with any other party's use or enjoyment of the Experience or of any other products or services oZered by or on behalf of the Company or any third party. Your compliance with the requirements in this Section 4 is a condition to, and material inducement and consideration for, our granting you the right to access and use the Site, the TD Garden App and the Services. Any unauthorized use or other activity by you in violation of this Agreement will cause the licenses granted to you by us in this Section 4 to terminate immediately and automatically.

5. ACCOUNTS AND PAYMENTS

The Site and the TD Garden App may allow you to link to your personal accounts on third party sites (such as Facebook, Twitter, or Ticketmaster) or with a personal account with an application from one of our aZiliates, and you may link the TD Garden App to such other accounts at your discretion ("Other Accounts"). You hereby permit Company and its service providers to share your profile information (if any) with such third-party sites for the purposes of such linking. You may only use one copy of the TD Garden App per mobile device.

Access to the TD Garden App is free; however, access to the Services may require payments either through the TD Garden App or through third party service providers. Company has no control over any third party collecting or processing payments through the Services.

6. COLLECTION OF INFORMATION

Without limiting the general nature of the other disclosures made in this Agreement, you understand that some areas of the Site and the TD Garden App may access and receive information about you and your device and Company may utilize this information. The Site and the TD Garden App may collect certain data from you and your device (e.g., computer, cell phone, smart phone, tablet, television, set top device) used to access the Experience, including, but not limited to, a unique device identifier (e.g., iPhone UDID), associated IP address, version number of the TD Garden App, and information about how and how often the Experience is being used, and certain areas within the Experience (e.g., log-in and/or registration pages) may ask you to submit personally identifying information (e.g., name, username, etc.). Third parties who provide the Services through the Site or the TD Garden App may share their data with us.

The data and other information collected is maintained and used in accordance with our data collection and data use practices, please see our Privacy Policy.

The Services provided by third parties are not controlled by us and all data collection and use of information by such third parties through your access to third party Services is subject to the privacy policies and practices of those third parties.

7. MOBILE AND INTERNET SERVICES

By using the Experience from your mobile device, you agree to receive the Experience on the device you designate for such purposes and you understand that your wireless or internet services provider's standard SMS and/or data rates will apply. By using the Experience, you agree to be responsible for any fees that we may impose or that are incurred as a result of your use of the Experience. You hereby represent and warrant that you are the owner or authorized user of any mobile or other wireless device that you use to access the Experience, and that you are authorized to approve all associated SMS and data charges.

  • Message frequency varies. We reserve the right to modify message frequency or change the sending number/short code at any time.
  • You may opt out at any time by replying: STOP, STOPALL, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, OPTOUT, or OPT OUT as instructed in the message. After you send a valid opt-out request, you will receive a one-time confirmation message. You must opt in again to receive further marketing messages after you opt-out.
  • Reply HELP for customer care contact information.

8. THIRD PARTY LINKS AND SITES

We have not reviewed, and cannot review, all the material made available through the Experience, including (a) third party content and software, (b) applications to which the Experience is integrated (such as Facebook, Twitter, or Ticketmaster), and (c) applications that link to the Experience (collectively, "Third Party Sites"). The Experience may allow you to link to your personal accounts on Third Party Sites or with a personal account with an application from one of our aZiliates. You agree and acknowledge that we do not have any control over Third Party Sites, and we shall not be responsible for their contents or their use. Without limiting the generality of the foregoing, we shall not be responsible for or control over any privacy or security practices or any Third Party Site's collection, storage, use or disclosure of your information. You are responsible for reading and complying with the privacy policies, use or service agreements or terms of use, and any other policies of Third Party Sites.

9. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others, and require our users and customers to do the same. If you are a copyright owner or an agent thereof and believe that any user content infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing pursuant to 17 U.S.C ยง 512(c)(3):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services or available through our services are covered by a single notification and identification of each such copyrighted work is both impractical and overly burdensome, a representative list of such works at those locations;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably suZicient to permit us to locate the material;
  • Your contact information, including email address, postal address, and telephone number;
  • 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 owner, its agent, or the law; and
  • A statement that the information in the notification 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.

Our designated Copyright Agent to receive notifications of claimed infringement is Legal Department, Delaware North Companies, Inc.-Boston, 100 Legends Way, Boston, MA 20114, attn: General Counsel, e-mail: [email protected]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service department. You acknowledge that if you fail to comply with all of the requirements of this Section 9 (Copyright and Other Intellectual Property Infringement), your DMCA notice may not be valid.

10. UPDATES AND CHANGES.

From time to time, the TD Garden App may automatically download and install, or may prompt you to download and install, software updates. These updates are designed to improve, enhance and further develop the TD Garden App and may take the form of bug fixes, enhanced functions, new software modules and/or completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your continued use of the TD Garden App. You may refuse to download and install such updates, but such refusal may cause your access to the TD Garden App and/or the Services to be disabled. You acknowledge and agree that the form, features and/or nature of the TD Garden App and the Services may change from time to time without prior notice to you. We may also cease or discontinue providing the TD Garden App or the Services, or support or upgrades for the TD Garden App, at any time at our sole discretion. Such new features and/or services shall be subject to the terms and conditions of the then-current version of this Agreement as well as any additional terms and conditions that we may post on the Site or make available through the TD Garden App or the Services. We may also modify or eliminate services, modules or features of the TD Garden App or the Services; your sole and exclusive remedy, and our sole liability, in connection with any such change, modification or elimination is to terminate your use of the TD Garden App.

We reserve the right (and you acknowledge our right), at our sole discretion, to amend or update any part of this Agreement by posting the amended or updated Agreement on the Site or making it available through the TD Garden App. While we may choose to notify you of changes to this Agreement, you are responsible for periodically checking for changes to this Agreement. Your continued use of or access to the Experience following the posting or distribution of any changes to this Agreement constitutes acceptance of those changes; and such amended or updated Agreement will be eZective as of the date of its posting on the Site or being made available through the TD Garden App.

11. TERMINATION

We may terminate, block or disable your access to all or any part of the Experience, at any time, with or without cause, with or without notice, eZective immediately. Without limiting the foregoing, we may terminate, block or disable your access to all or any part of the Experience, if (a) we believe that you have breached any provision of this Agreement (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (b) we are required to do so by law (for example, where providing access to the Site or the TD Garden App, or providing Services, to you is, or becomes, unlawful); (c) we elect to no longer provide the Experience to users in the state or country in which you are resident or from which you access or use the Experience; or (d) we believe that your access to or use of the Experience may infringe or violate the rights of a third party or subject us or one of our aZiliates to civil or criminal liability or reputational harm. Termination may result, in our sole discretion, in the forfeiture and destruction of all information associated with your profile and any yards earned prior to such date. All provisions of this Agreement that by their nature should survive termination of this Agreement, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous terms, shall so survive.

12. DISCLAIMER OF WARRANTIES

YOU AGREE THAT ACCESS TO AND USE OF THE EXPERIENCE IS ENTIRELY AT YOUR OWN RISK. THE EXPERIENCE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS AFFILIATES, MEMBERS, OWNERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS AND LICENSORS (COLLECTIVELY, "COMPANY PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE EXPERIENCE AND YOUR ACCESS TO AND USE THEREOF INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, FREEDOM FROM ERRORS, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. THE COMPANY PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE EXPERIENCE OR ANY OF ITS CONTENT OR THE CONTENT OF ANY PRODUCTS OR SERVICES LINKED TO OR INTEGRATED WITH THE EXPERIENCE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE EXPERIENCE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE EXPERIENCE, YOUR PROFILE, THE SITE, THE TD GARDEN APP OR OUR SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE EXPERIENCE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, ADWARE AND THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE EXPERIENCE, (VI) ANY LOSS OR DAMAGE TO CONTENT OR DATA (WHETHER STORED THROUGH THE SERVICES OR OTHERWISE), OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, IMPORTED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE EXPERIENCE. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OPPORTUNITY ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, OR ANY HYPERLINKED OR INTEGRATED WEBSITE OR SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING OR ENFORCING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY THIRD PARTY THAT OFFERS OR ATTEMPTS TO TAKE ADVANTAGE OF A DEAL OR PROMOTION THROUGH THE EXPERIENCE).

13. LIMITATION OF LIABILITY; RELEASE

UNDER NO CIRCUMSTANCES SHALL THE COMPANY PARTIES BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE EXPERIENCE) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THE COMPANY PARTIES FOR ANY CLAIM OR SERIES OF CLAIMS WILL BE LIMITED IN THE AGGREGATE TO FIFTY U.S. DOLLARS ($50.00). YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE, THE TD GARDEN APP, THE SERVICES AND THE COMPANY PARTIES AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE EXPERIENCE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR" (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

14. REPRESENTATIONS AND WARRANTIES

You represent and warrant that (a) your use of the Experience will be in strict accordance with this Agreement and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and all applicable laws regarding the transmission of technical or personal data exported from or into the United States or the country in which you reside, and all applicable laws pertaining to privacy, consumer rights, and unfair or deceptive advertising practices); and (b) your use of the Experience will not infringe or misappropriate the intellectual property rights or any other rights of the Company, its aZiliates or of any other user or third party.

15. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company Parties from and against any and all claims, actions, lawsuits, damages, obligations, complaints, demands, allegations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys' fees) arising out of or related to or in connection with your actual or alleged (a) use of and access to the Services, the Site, or the TD Garden App, (b) violation, breach or default of any term of this Agreement, (c) violation by you of any third party right including, but not limited to, any patent, trademark, service mark, copyright, trade secret, publicity or privacy right, (d) damage to a third party cause by you or any content which you submit or transmit via the Experience, or (e) violation, breach or default of any term of an agreement (whether written or oral, and whether implied or express) between you and any third party.

16. NOTICES

All notices, demands and other communications hereunder shall be in writing and shall be eZective upon receipt, provided that we may provide notice to you by posting announcements on the Site (or otherwise making them available through the Experience) or sending an e-mail to you at the e-mail address that is currently associated with your profile. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to:

Attention: Legal Department
100 Legends Way
Boston, MA 02114

All notices regarding copyright or other intellectual property infringement issues shall be sent in accordance with our intellectual property policy described in Section 9 (Copyright and Other Intellectual Property Infringement) above. If you have any questions about this Agreement, or if you need to notify us about a non-legal matter, then please contact us at [email protected] or at the postal address set forth above.

17. MISCELLANEOUS

(a) Relationship of the Parties. You agree that no joint venture, partnership, employment or agency relationship exists between you and us or any of our aZiliates as a result of this Agreement or your access to or use of the Experience. This Agreement (including the Privacy Policy and all other operating policies, rules and procedures posted by us on the Site or on the TD Garden App from time to time) constitutes the entire agreement between us and you concerning the subject matter hereof.

(b) Choice of Law; Dispute Resolution; No Class Actions. This Agreement is governed by Massachusetts law, excluding its conflicts of law rules. Except as provided in this Section 17(b) (Choice of Law; Dispute Resolution; No Class Actions) with respect to requests for injunctive relief relating to a breach of your license rights or our intellectual property rights, any controversy, claim or dispute arising out of this Agreement or your access to or use of the Experience (including without limitation any controversy, claim or dispute arising from your dealings with or agreement entered into with any third-party for products and/or services promoted in, linked or otherwise provided in or through the Experience (collectively, "Claims") shall be resolved by final and binding arbitration. Such arbitration shall take place in Boston, Massachusetts, and shall be administered by a single arbitrator pursuant to the JAMS Comprehensive Arbitration Rules and Procedures. The arbitrator shall be empowered to award any form of individual relief, including injunctive relief. In order to keep costs down for both you and us, hearings may, at our request, be conducted telephonically or entirely upon submissions. If we think you are violating your license to use the Services or our intellectual property or trade secret rights, we may bring an action for injunctive relief in any court of competent jurisdiction. You expressly consent to the exercise of jurisdiction and venue by the state and federal courts located in SuZolk County, Massachusetts. In addition to the above, you waive the right to bring any Claim as a class action, consolidated, multi-district or collective action, or private attorney general action. You also agree not to participate in any class action, consolidated, multi-district or collective action, or private attorney general action regarding any Claim. If we prevail in any arbitration or proceeding to enforce this Agreement or arising out of your access to or use of the Services, we shall be entitled to recover, in addition to all other available legal and equitable relief, its legal costs, including attorneys' fees.

(c) Severability; Waiver, No Assignments. The provisions of this Agreement are severable, and if any portion is determined invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in eZect to the fullest extent consistent with applicable law. Any waiver by either party of any term or condition of this Agreement or any breach thereof shall be in writing, executed by the party to be charged, and any such waiver, in any one instance, will not waive such term or condition in any other instance or any subsequent breach thereof. This Agreement is not assignable by you, except by operation of law; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

18. THIRD PARTY TERMS

You agree that, in addition to this Agreement, your use of the TD Garden App and the Services may be subject to the usage rules, limitations, and other restrictions set forth by the applicable app store or by any other third-party who provides or otherwise makes available any feature or functionality through the TD Garden App or the Services, including, without limitation, the National Hockey League and their aZiliated entities.

19. HOW TO CONTACT US

You may direct any questions, complaints or claims with respect to the Site or the TD Garden App to:

App Feedback
E-mail: [email protected]
Telephone Number: 617-624-1005