Last modified: 11/10/2025

IMPORTANT: READ THESE TERMS OF USE, IN PARTICULAR, THE MANDATORY BINDING ARBITRATION; SMALL CLAIMS; WAIVER OF CLASS ACTION; DISPUTE NOTICE; LIMITATION OF LIABILITY: AND DISCLAIMER OF WARRANTIES SECTIONS HEREIN CAREFULLY BEFORE ACCEPTING. THESE TERMS AND CONDITIONS HAVE LEGAL CONSEQUENCES THAT WILL AFFECT YOUR LEGAL RIGHTS AND THAT WILL LIMIT YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

Table of Contents

Acceptance of the Terms of Use

Welcome to our (“Company”, “we” or “us”) website or other services. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the website on which these terms are located (the “Website”), the Company’s mobile application if any, and other online, mobile and other services (such as SMS services and loyalty programs) that link to or refer to these Terms of Use (collectively, the “Services”), including any content, functionality and services offered on or through the Services whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Services. By using the Services (or by clicking to accept or agree to the Terms of Use when this option is made available to you), you accept and agree to be bound and abide by these Terms of Use  You must be 13 years old or older to use the Services. If you do not want to agree to these Terms of Use, you must not access or use the Services.

By using this Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law;  Mandatory Binding Arbitration; Small Claims; Waiver of Class Action; Dispute Notice will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Services.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Online Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Services and their  entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. If you are using this site for business purposes, you may make use of site content for legitimate business purposes relating to the user’s role as a potential or current supplier, distributor or customer of the site owner. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, you make take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If you wish to make any use of material on the Services other than that set out in this section, please address your request to: [email protected]  and include all relevant details of your requested use.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services  in breach of the Terms of Use, your right to use the Services  will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks and Service Marks

The Company name, the terms GILLETTE STADIUM, NEW ENGLAND PATRIOTS, PATRIOT PLACE, FOXBORO STADIUM, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks and/or service marks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Prohibited and Unlawful Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries or any laws regarding gambling).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which any of the Services is stored, or any server, computer or database connected to any of the Services.
  • Attack any of the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of any of the Services.

User Contributions

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the license and right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose in perpetuity without compensation to you.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

If you are under the age of 13, you may not submit, post, or add User Contributions to the Services. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, subject to any applicable sweepstakes, contest, or other supplemental terms, you may provide User Contributions but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for his, her, or their User Contribution and any legal liability that he, she or they may incur.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
  • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE ANY CLAIMS AGAINST AND HOLD HARMLESS NPS LLC, NPP DEVELOPMENT LLC, FOXBORO REALTY ASSOCIATES LLC, KRAFT SPORTS AND ENTERTAINMENT LLC, KRAFT SOCCER LLC, KRAFT SOCCER II LLC, TEAMOPS LLC, NEW ENGLAND PATRIOTS LLC, ANY STADIUM SPONSOR OR ANY SPONSOR OF AN EVENT AT THE STADIUM, AND THEIR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY OF THEM OR BY LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Services and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards (these “Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

COPYRIGHT INFRINGEMENT

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

To report possible infringement, please contact our agent for notice of claims of copyright as follows:

DCMA Agent [Please include name of entity]

NPP Development LLC
Two Patriot Place
Foxborough, MA 02035
Attn: General Counsel
[email protected]  (Please include “DMCA Notice of Infringement” in the subject line)

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures

If you believe that material you posted on the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided the Services with the complaint at issue.

Completed Counter-Notices should be sent to:

NPP Development LLC
Two Patriot Place
Foxborough, MA 02035
Attn: General Counsel
[email protected]

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Online Services

We may update the content on the Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Online Services

We have explained the steps we take to protect your privacy in our Privacy Policy found on the Services (the “Privacy Policy”), a copy of which you should review.  By using the Services, you acknowledge the Privacy Policy by your use of the Services.

Online Purchases and Other Terms

Additional terms and conditions and privacy policies (ours or those of third parties who assist us) may also apply to specific portions, services or features of the Services, including terms and conditions regarding the sale, purchase, or other transactions for goods, services, or information (for example, tickets (Ticketmaster), merchandise (Fanatics), or certain gift cards (EML)). Please check the privacy policy and terms of use at the bottom of the website page before making a purchase to view the applicable Terms of Service or Terms of Use and Privacy Policy.  If a third party’s information appears in those links, you acknowledge those terms and policies and that the third party vendor is solely responsible for fulfillment of your purchase.

Linking to the Online Services and Social Media Features

You may link to the Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Services.
  • Send e-mails or other communications with certain content, or links to certain content, on the Services.
  • Cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Services

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or other services.

Geographic Restrictions

The owner of the Services is based in the Commonwealth of Massachusetts in the United States. We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, THEIRCONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL NPS LLC, NPP DEVELOPMENT LLC, FOXBORO REALTY ASSOCIATES LLC, KRAFT SPORTS AND ENTERTAINMENT LLC, KRAFT SOCCER LLC, KRAFT SOCCER II LLC, TEAMOPS LLC, NEW ENGLAND PATRIOTS LLC, ANY STADIUM SPONSOR OR ANY SPONSOR OF AN EVENT AT THE STADIUM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY SERVICE OR ANY ASPECT OF A SERVICE, OR ANY OF THEIR AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF THE ENTITIES LISTED IN THE PREVIOUS PARAGRAPH FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE, THE SERVICES, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEBSITES LINKED TO OR FROM THE SERVICES, ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES) EXCEED ONE HUNDRED DOLLARS ($100.00).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification by User

You agree to defend, indemnify and hold harmless NPS LLC, NPP Development LLC, Foxboro Realty Associates LLC, Kraft Sports and Entertainment LLC, Kraft Soccer LLC, Kraft Soccer II LLC, TeamOps LLC, New England Patriots LLC, any Stadium sponsor and any sponsor of an event at  the Stadium, and any of their affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’  content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.

Governing Law; Mandatory Binding Arbitration; Small Claims; Waiver of Class Action; Dispute Notice; Third Party Beneficiaries

All matters relating to the Services (including the Privacy Policy) and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).

EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY DISPUTE OR CLAIM RELATED TO, OR ARISING FROM, THE SERVICES (INCUDING THE PRIVACY POLICY), THESE TERMS OF USE, ANY INFORMATION YOU PROVIDE TO US IN ANY WAY, OR AN EVENT, THAT CANNOT BE SETTLED THROUGH INFORMAL NEGOTIATION SHALL BE RESOLVED EXCLUSIVELY BY MANDATORY, CONFIDENTIAL, FINAL, AND BINDING ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND NPS LLC, NPP DEVELOPMENT LLC, FOXBORO REALTY ASSOCIATES LLC, KRAFT SPORTS AND ENTERTAINMENT LLC, KRAFT SOCCER LLC, KRAFT SOCCER II LLC, TEAMOPS LLC, NEW ENGLAND PATRIOTS LLC, THE NATIONAL FOOTBALL LEAGUE AND ANY OF ITS MEMBER CLUBS, ANY STADIUM SPONSOR, AND/OR ANY SPONSOR OF AN EVENT AT THE STADIUM , AND/OR ANY OF THEIR AFFILIATES, AS APPLICABLE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND YOU WAIVE ANY RIGHT TO LITIGATE ANY SUCH DISPUTE OR CLAIM IN ANY COURT, WHETHER AS AN INDIVIDUAL, CLASS, OR COLLECTIVE CLAIM, AND WAIVE ANY RIGHT TO ARBITRATE ANY SUCH DISPUTE OR CLAIM AS A CLASS ACTION, REPRESENTATIVE ACTION, OR CLASS ARBITRATION. IF YOU DO NOT CONSENT TO THIS CLAUSE, YOU UNDERSTAND YOU ARE NOT AUTHORIZED TO USE THE SERVICES. THIS CLAUSE IS GOVERNED BY THE FEDERAL ARBITRATION ACT.

You agree that any dispute or claim related to, or arising from, these Terms of Use, or the Services (including the Privacy Policy) that falls within the jurisdictional scope and limits of the small claims court where you reside, however, must be brought in that court on an individual basis. Such disputes must remain in small claims court and may not be removed or appealed to a court of general jurisdiction. The party initiating the small claims court proceeding shall submit a certification of compliance with mandatory pre-dispute resolution process set forth in the following paragraph to that court. The certification must be personally signed by that party (and counsel, if represented). Claims filed in court to enjoin infringement or other misuse of intellectual property rights are also not subject to arbitration.

Should any current or future dispute, claim or cause of action related to these Terms of Use, or the Services (including the Privacy Policy), the party initiating the dispute must first send a written notice describing the issue to the other party (a “Dispute Notice”). You agree to send the Dispute Notice to: NPP Development LLC, Two Patriot Place, Foxborough, MA 02035 attention: Legal Department. The Company or other entity listed above will send any such Dispute Notice to you at the most recent contact information on file for you, if it has such contact information. The Dispute Notice must be personally signed by you (if you initiate the Dispute Notice) or by a representative of the Company or other entity (if you do not initiate the Dispute Notice). You agree to make a good-faith effort to resolve the dispute for at least 60 days (the “Negotiation Period”) following the delivery or receipt of a Dispute Notice. If the party receiving the Dispute Notice requests a telephonic settlement conference during the Negotiation Period, you agree to participate in an effort to resolve the dispute. Should the Company or other entity listed above make the request, you agree to attend this conference (with counsel, if represented). If the sufficiency of a Dispute Notice or compliance with this mandatory pre-dispute resolution process described in this paragraph is at issue, it may be decided by a court of competent jurisdiction at either party’s election, and any formal dispute resolution proceeding will be stayed. Such court has the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Notwithstanding the foregoing, either party retains the right to raise non-compliance with this condition precedent and seek related damages in arbitration. Any applicable limitations period (including statutes of limitations) and any filing fee deadlines will be tolled during the mandatory pre-dispute resolution process described in this paragraph.

If the dispute cannot be resolved within the Negotiation Period, except as otherwise provided herein, the dispute shall be resolved by mandatory, confidential, final, and binding arbitration held before a neutral, single arbitrator conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) in accordance with the JAMS Comprehensive Arbitration Rules and Procedures effective June 1, 2021. The JAMS Mass Arbitration Procedures and Guidelines, effective May 1, 2024, shall apply, however, if your claim is one of 25 or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination. JAMS rules and procedures can found at https://www.jamsadr.com/adr-rules-procedures/.

The demand for arbitration must be personally signed by the party initiating arbitration (and their counsel, if represented). By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with (i) the mandatory pre-dispute resolution process; and (ii) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all appropriate persons (including counsel) as a court would.

When you initiate arbitration, the only JAMS costs required to be paid by you is $250. All other JAMS arbitration costs will be borne by the Company or the other entity listed above, including any remaining JAMS Filing Fee, Case Management Fee, and all professional fees for the arbitrator’s services. When an entity initiates an arbitration against you, that entity will pay all JAMS costs associated with the arbitration.

Except as otherwise set forth herein, any and all issues relating or pertaining to arbitration or this arbitration clause, including but not limited to the threshold question of arbitrability or the enforceability or validity of this arbitration clause, shall be delegated to the arbitrator selected pursuant to this provision. You understand that the arbitrator’s decision will be final and binding, and that other rights you may have if you went to court may not be available in arbitration.

The entities listed in the second paragraph of this Section, and any third parties involved in creating, producing, or delivering the Services, shall be deemed third party beneficiaries of these Terms of Use and shall have the same rights as the Company.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES (INCLUDING THE PRIVACY POLICY) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement; Termination

The Terms of Use, and any other relevant documents constitute the sole and entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.

We reserve the right to, in our sole discretion, terminate these Terms of Use, any licenses herein or your access to all or any part of the Services, with or without notice and with or without cause, at any time.  Termination of your access to the Services means the revocation of the limited and temporary license and permission to use the software and other resources of the Services we may be granting to you under these Terms of Use.  The provisions of these Terms of Use will survive the termination of your access to the Services and/or these Terms of Use.  Because the license you grant to us in User Contributions is perpetual, termination of these Terms of Use does not terminate our license to use User Contributions as described elsewhere in these Terms of Use.

Notices

At our option, we may give notices to users of the Services by posting a message on the Service, by electronic mail, or by any other means by which users obtain actual knowledge thereof.  Any notices you give to us must be by conventional mail except as otherwise described in these Terms of Use.  Any notice by you to us will not change the terms of these Terms of Use.

Notice to California Consumers

Under California Civil Code Section 1789.3, California users of the Services may be entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Your Comments and Concerns

The Services are operated by the Company.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: [email protected]. Thank you for visiting the Services.