Terms of Purchase
These Terms of Purchase govern the sale of New England Sports Network (NESN) digital products and subscriptions, as defined herein, including subscriptions to NESN 360.
1.1 Changes to Terms. We may change, add or remove portions of these Terms of Purchase at any time, and such changes shall become effective immediately upon posting. We will make a copy of the new Terms of Purchase available to you. We may do so by emailing them to your primary email address associated with your subscription, and/or in another appropriate manner. It is your responsibility to review these Terms of Purchase and by continuing to subscribe, you agree to any such changes.
The term “digital subscription” refers to a subscription that includes access to NESN 360 service via the NESN website and NESN 360 App.
Capitalized terms not defined in these Terms of Purchase shall have the meaning given to such terms in the Terms of Service.
1.3 About Digital Subscriptions. You are not required to purchase anything in order to access NESN.com. If you do not purchase a digital subscription to the NESN 360 service, your access to NESN 360 content and services may be limited. NESN reserves the right to modify the product, content, type and availability of any digital subscription at any time. Only one person may use each account (user name and password) associated with a purchased digital subscription. You may not transfer, sell, purchase, barter, or trade your subscriptions or attempt or offer to do so. Any attempted transfer will be null and void.
1.4 Pricing. When you purchase a subscription, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order. We reserve the right to change the terms of your subscription, including price, from time to time. We will attempt to give you advance notice of any such price changes prior to the next billing cycle, but we will not be able to notify you of any changes in applicable taxes. If you do not wish to accept a price change, you may cancel your subscription in accordance with these Terms of Purchase.
Applicable taxes may vary. You are responsible for paying any sales or other applicable taxes related to your subscription. NESN may collect and remit sales taxes related to your subscription purchase and any such collection will be disclosed prior to purchase.
If a stated price is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the product at that price. We will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.
When you access your digital subscription, you may incur other additional charges, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.
The standard retail rates for NESN 360 subscriptions are included in the Appendix to these Terms of Purchase.
1.5 Subscription Processing and Payment. NESN will process your subscription or purchase as promptly as possible. We reserve the right to reject any order or purchase at any time. If your initial payment authorization is later revoked, your subscription, product or access may be terminated. Contact our Customer Service group if you believe your subscription was terminated in error.
1.6 Payment Information. When you provide payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. You are responsible for keeping your payment details up-to-date by changing the details in your account settings. Where your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date and CVV (or equivalent). You authorize us to continue to charge your card using the updated information so that you can continue to receive your subscription.
If you do not pay any fees when due (for example, due to credit card expiration or insufficient funds), we may suspend or terminate your access to your subscription. We also reserve the right to pursue any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. If you enter into a new transaction for digital products, including to restart your subscription, you agree that we may charge your payment method on file for the applicable subscription fees (and applicable taxes).
1.7 Billing. Each time that you pay for and renew your subscription or make an in-app purchase, whether by credit card or other payment method, and whether manually or by auto-renew, you confirm that you accept the then-current Terms of Purchase.
1.8 Automatic Renewals. All digital subscriptions purchased will be automatically renewed for another subscription period of equal length (for example, monthly or annually) at the then-current price for such subscription until you specifically inform us otherwise. When we renew your subscription, we will use the payment method currently associated with your account. You can change your payment method at any time in your Account Settings at NESN.com or by calling the number listed at support.NESN.com You will be notified in advance of impending renewals to the extent required by law. Please see our Cancellation and Refund policy below for information about canceling.
1.9 Promotional Trial Periods. From time to time, we may offer subscriptions to digital products on a limited promotional trial basis, free or otherwise, for a specified period (a “Promotional Trial Period”). Promotional Trial Periods may be subject to Additional Terms, and we have sole discretion to determine your eligibility for Promotional Trial Periods. If you are required to provide payment information in connection with your Promotional Trial Period, your first payment will be charged to your chosen payment method following the expiration of the Promotional Trial Period, unless earlier terminated in accordance with these Terms. You may not receive a separate notice that your free trial is about to end or has ended, or that your paid subscription has begun. We may authorize a future transaction by authorizing, charging, and subsequently refunding $1.00 USD to the customer’s chosen form of payment, and maintain the right to do so at our sole discretion.
1.10 Unpaid Charges. If your credit card expires or your payment method is otherwise invalid, your subscription or product may be terminated, rather than automatically renewed. Service for any subscription may be discontinued at the end of your prepaid term. You will be responsible for all costs we may incur in connection with the collection of unpaid amounts, including court costs, attorneys’ fees, collection agency fees and any other associated costs.
1.11 Promotions. We may occasionally offer promotions. The specific terms of each promotion shall be stated at the time the promotion is offered. Each promotion may be different. Promotions cannot be combined. We reserve the right to limit availability of and eligibility for promotions and to terminate promotions at any time in our sole discretion. You may be required to provide payment information when you sign up for a promotion. At the end of the promotional period, you will automatically be signed up for the related subscription or purchase that will begin at the end of the promotional, or in the event of a discounted promotion, you will be charged the regular rate disclosed when you signed up. We will not notify you in advance that the promotion is about to end. To cancel, you must notify us before the promotion ends.
2.1. Cancellation and Refunds; General Terms. You can cancel your digital product subscription at any time in your Account Settings at NESN.com or by calling via the information listed at support.NESN.com. For additional in-app purchases, you can cancel those services in the platform on which you originally purchased them. Cancellations cannot be made via e-mail or chat, except as required by law.
2.2. Subscription Billing ( NESN 360 Digital Subscriptions). When you cancel, you cancel only future charges associated with your subscription. Cancellations are effective beginning after the term of your current subscription (i.e., the month or year of your subscription). You will continue to have the same access and benefits of your product for the remainder of the current subscription term. You may notify us of your intent to cancel at any time, but the cancellation will become effective at the end of your current subscription term. Payments are non-refundable and there are no refunds or credits for partially used billing periods. If you cancel your subscription, you will still be obligated to pay other charges incurred by you in the course of using NESN 360 prior to the date of cancellation.
2.3. Changes to Content, Subscription Type, or Access. We reserve the right to make changes to digital subscriptions at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.
2.4. Changes to Digital Content or Access. We reserve the right to make changes to our digital products at any time. If we temporarily reduce or eliminate the charge for content or access that you are currently paying for under different terms, you will not receive a refund.
If any or all of our digital products are temporarily unavailable, you will not receive a refund. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
2.5. Cancellations by NESN. We reserve the right to suspend or terminate your subscription or product for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances.
By purchasing a digital subscription and/or clicking on the box at account opening, you consent to receive notices, disclosures, agreements, policies, receipts, confirmations, transaction information, account information, other communications, and changes or updates to any such documents electronically (collectively, the “Electronic Communications”). We will provide these Electronic Communications by posting them on the NESN website or NESN 360 App and/or emailing them to your primary email address associated with your subscription. You agree that the Electronic Communications will satisfy any legal communication requirements, including that such communications be in writing. Electronic Communications will be deemed received by you within 24 hours of the time posted to our website, or within 24 hours of the time emailed to you unless we receive notice that the email was not delivered.
The standard schedule of pricing terms for NESN 360 as of June 1, 2022 is as follows:
Annual (any consecutive 12 month period)