TERMS OF USE

Updated September 3, 2024

49ers Fit ("49ers Fit", "we", "us" or "our") welcomes you to this website. The following Terms and Conditions, or "Terms" are the rules that govern use of the 49ers Fit website located at 49erfit.com, including any mobile version of such site ("Site(s)"). By using or visiting a Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. 49ers Fit reserves the right to change these Terms at any time, effective immediately upon posting on the Site and notice to you. Please check the home page of the Site periodically. We will note when there are material updates to the Terms and Conditions. If you violate these Terms, 49ers Fit may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

No Deep Linking. You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase merchandise for your personal use, unless otherwise specifically authorized by 49ers Fit to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by 49ers Fit to do so. The content and software on this Site is the property of 49ers Fit and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.

User Contributions to the Site. There may be opportunities for you to contribute to the Site. These may include, among others, uploading your user profile, participating in chats, using our bulletin boards, etc. which collectively, we call "Content". 49ers Fit is not liable or responsible for any Content provided by its users or other third parties to the Site ("User Content"). The contributions of third parties do not necessarily represent the view or opinions of 49ers Fit. 49ers Fit cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify 49ers Fit at contactus@49erfit.com. We will investigate your claim and may then take the actions deemed appropriate.

Links and Search Results. The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web, or may otherwise link or be linked to such third party sites. 49ers Fit has no control over these third party sites or the content within them. 49ers Fit cannot and does not guarantee, represent or warrant that the content contained in the third party sites is accurate, legal and/or inoffensive. 49ers Fit does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer, and we shall not be responsible for the contents or use of such third party sites. 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 solely 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. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against 49ers Fit for any damages or losses, whatsoever, resulting from such third party sites.

Acceptable Use Policy. Whether or not you register for an account with us, the Sites are only available for access and use by you for lawful purposes. You understand that when using the Sites, 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 account that we believe, in our sole and absolute discretion: (a) violates these Terms; (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 Sites; or (d) through the use of the Sites, abuses, defames, harasses, libels, disparages or threatens another user of the Sites or any other third party, is strictly forbidden. You also may NOT:

  • 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;
  • 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 Sites;
  • 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 affect any computer programs, software, firmware, hardware, mobile devices, wireless devices, computer systems, data or operations;
  • take any action that imposes or may impose 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 Sites or certain features or modules of the Sites; or
  • attempt to benchmark the Sites or related services.

Prohibited Content. Without limiting the restrictions above, the following is a list of examples of the kind of Content which is illegal or prohibited on the Sites. It includes Content that:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • could be harmful to minors;
  • harasses or advocates harassment of another person;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • displays pornographic or sexually explicit material of any kind;
  • provides material that exploits people under the age of 18 in a sexual or violent manner;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
  • engages in commercial activities and/or sales without our prior written consent, including, without limitation as contests, sweepstakes, barter, or advertising.

Offline Conduct. Although 49ers Fit cannot monitor the conduct of its Users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent.

No Commercial Use. No area of this Site may be used by our visitors for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling tickets of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

No Modification or Redistribution. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior express written permission of 49ers Fit.

Unauthorized Use of the Site. Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

Violation of the Terms. You understand and agree that, in 49ers Fit’s sole discretion, and without prior notice, 49ers Fit may terminate your access to the Site or exercise any other remedy available and remove any unauthorized User Content, if 49ers Fit believes that the User Content you provided has violated or is inconsistent with these Terms of Use or violated the rights of 49ers Fit, another User or the law. You agree that monetary damages may not provide a sufficient remedy to 49ers Fit for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. 49ers Fit may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. 49ers Fit is not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Use.

Privacy. We believe that your privacy and the privacy of all our users is important. Please review our Privacy Policy at http://www.49erfit.com/privacy. By posting Content to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use the Content. 49ers Fit not liable for any lost data resulting from the operation of our Site and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any content they submit to the Site. Other than in registration forms, or when entering a contest on the Site that is sponsored by us, you should not post information about yourself on the Site that can be used to identify you, your home or work address, phone numbers, pagers, email address or other such personal information. 49ers Fit cannot prevent such information from being used in a manner that violates these rules, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms of Use, and you assume the risks and sole liability for the results of such posting.

Copyright Policy. We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defense or fair use exemption to do so. In particular, users who submit Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights).

If you believe that materials that have been posted on the Site have copied your work in a way that constitutes copyright infringement, please provide 49ers Fit (1600 Saratoga Avenue, #46, San Jose, CA 95129) the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed.
  • A description of where (by URL and physical description) the material that you claim is infringing is located on the Site.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Upon our receipt of a takedown notice complying materially with all of these requirements, we will remove, or cause to be removed, the identified materials. The individual that had posted such materials will then have an opportunity to demand reposting. You will receive notice of such if the individual properly requests reposting. Repeat offending websites, contributors (if any), or account holders (if any) will be terminated.

Disclaimers. 49ers Fit does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an "as-is" and "as-available" basis. 49ers Fit cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. 49ers Fit disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose, or of non-infringement of intellectual property or proprietary rights. 49ers Fit will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. 49ers Fit makes no guarantee of any specific result from use of this Site. 49ers Fit disclaims any and all liability for the acts, omissions and conduct of any third party users, 49ers Fit users, advertisers and/or sponsors on the Site, in connection with 49ers FIt services or otherwise related to your use of the Site and/or 49ers Fit services. 49ers Fit is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Site.

Limitation on Liability; Release. UNDER NO CIRCUMSTANCES SHALL 49ERS FIT OR ITS AFFILIATES, SPONSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS 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 SITES OR RELATED SERVICES) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 49ERS FIT OR ANY OF THE FOREGOING PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF 49ERS FIT AND ITS AFFILIATES, SPONSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS 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 SITES, 49ERS FIT, AND ITS AFFILIATES, SPONSORS, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND 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 SITES OR RELATED SERVICES. 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.

Disputes. If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, County of Santa Clara.

Indemnity. You agree to indemnify and hold 49ers Fit, its subsidiaries, affiliates, sponsors, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Trademarks. 49ers Fit, the 49ers Fit logo and design are trademarks of FORTY NINERS M6 FIT LLC. All rights reserved.

Unsolicited Submissions. Although we are pleased to hear from 49ers Fit guests and members and welcome your comments regarding 49ers Fit, it is our policy not to accept or consider any submissions that are unsolicited. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts, or materials developed by 49ers Fit might appear similar to your submission(s). Accordingly, we must ask that you do not send us any unsolicited submissions. We assume no responsibility for reviewing such submission and we will not incur any liability as a result of any similarities between your submission and future 49ers Fit designs, products, programs, or otherwise. In the event you do submit unsolicited submissions, such submissions shall be deemed the property of 49ers Fit. Any unsolicited submission are hereby granted by you to 49ers Fit, and we may use, copy, sublicense, adapt, transmit, distribute, publish, display or delete them as we see fit, in our sole discretion. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against 49ers Fit or any of our affiliates, sponsors employees, agents, directors, officers and shareholders, relating to unsolicited submissions, including, but not limited to, unfair competition, breach of implied contract or breach of confidentiality. Without limitation of the foregoing, we are hereby granted exclusive ownership of all now-known or hereafter existing rights to unsolicited submissions of every kind and nature throughout the universe and are hereby entitled to unrestricted use of the submission for any purpose whatsoever, commercial or otherwise, without any compensation to the provider of the submission.

Notices; Contacts. All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on any of the Sites or sending an e-mail to you at the e-mail address that is currently associated with your account if you have one. Any such email 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:

49ers Fit
1600 Saratoga Avenue, #46
San Jose, CA 95129
contactus@49erfit.com

All notices regarding copyright or other intellectual property infringement issues shall be sent in accordance with our intellectual property policy described above under the heading "Copyright Policy". If you have any questions about these Terms, then please contact us at contactus@49erfit.com, or at the postal address set forth above.

GENERAL:
You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive website that does not give rise to personal jurisdiction over 49ers Fit, either specific or general, in jurisdictions other than California. These Terms and Conditions shall be governed by the internal substantive laws of the State of California without respect to its conflict of laws principles. Any claim or dispute between you and 49ers Fit that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. The prevailing party in any dispute shall be entitled to its attorney's fees from the non-prevailing party. These Terms and Conditions, together with the Privacy Policy posted at http://www.49erfit.com/privacy and any other legal notices published by49ers Fit on this Site shall constitute the entire agreement between you and 49ers Fit concerning the Site. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and 49er Fit’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. 49ers Fit reserves the right to amend these Terms and Conditions at any time and any amendments, changes or modifications shall be effective immediately upon notice of them. It is your responsibility to review these Terms and Conditions for any changes. Your use of the Site following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. YOU AND 49ERS FIT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.