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Thank you for agreeing to participate in the beta test (the “Beta Test ”) for the San Francisco 49ers Faithful 49™ website located at faithful49.com, as well as related media, software applications, prototypes, and/or other materials (the “Beta Materials”). The San Francisco 49ers and its affiliates (“San Francisco 49ers ”, “we ”, “us ”) will grant you limited access to certain of the Beta Materials in order to test these Beta Materials and solicit your feedback regarding them. This Beta Test Agreement (this “Agreement ”) applies to your participation in the Beta Test. The Agreement will commence as of the date that you access to the Beta Materials, and will remain in effect for so long as you have access to the Beta Materials (the “Beta Test Period ”). Please read of the terms and conditions of this Agreement carefully.
BY USING THE BETA MATERIALS, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND (B) YOU AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
1.1 Grant of License. We hereby grant you, during the Beta Test Period, a nonexclusive, nontransferable, nonsublicensable, revocable and limited license to use the Beta Materials, solely to test, evaluate, and provide feedback regarding the Beta Materials.
1.2 Reservation of Rights. We retain all rights, title, and interests in the Beta Materials, including, without limitation, all intellectual property rights in the Beta Materials.
2.1 Non-Disclosure. The Beta Materials and any other information or materials acquired by you in connection with this Agreement that is not generally available to the public, including the fact that you participated in this Beta Test, will constitute confidential information of the San Francisco 49ers(“Confidential Information ”). You will use such Confidential Information solely in connection with the Beta Test, and you will not disclose Confidential Information to any person or entity other than us without our written consent. Your obligation to maintain the confidentiality of such information shall not apply to information that (a) was known to you before receiving such information without breach of confidentiality obligations to us by yourself or a third party, (b) is in the public domain, or (c) you have received from a third party who was legally entitled to make an unrestricted disclosure.
2.2 Feedback. Any comments, opinions, suggestions, or other feedback of any kind that you provide under this Agreement, such as, by way of example, evaluations of the Beta Materials (collectively, “Feedback ”) shall be voluntary, and shall not create a confidentiality obligation on the San Francisco 49ers. We may, at our discretion, incorporate your Feedback into our products or services, and you hereby assign to the San Francisco 49ers all rights, title, and interests (including, without limitation, all patent rights, copyrights, trade secrets) in any Feedback. For the avoidance of doubt, any Feedback that you provide will be subject to your obligations regarding our Confidential Information.
2.3 Return of Beta Materials. Upon any expiration or termination of this Agreement, all rights granted to you under this Agreement will immediately terminate, and you will promptly delete any Beta Materials (if any) in your possession. On our request, you will confirm such deletion in writing.
3. Disclaimer of Warranties; Limitation of Liability
3.1 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BETA MATERIALS AND SERVICES (IF ANY) ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTHING STATED IN THIS AGREEMENT WILL IMPLY THAT THE OPERATION OF ANY WEBSITE, SOFTWARE, OR OTHER BETA MATERIALS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS WILL BE CORRECTED.
3.2 Exclusion of Consequential Damages. IN NO EVENT WILL THE SAN FRANCISCO 49ERS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, LOST REVENUE, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS ARISING OUT OF OR RELATING TO ANY BREACH OF THIS AGREEMENT OR ANY RELATED AGREEMENTS, ANY USE OR INABILITY TO USE ANY BETA MATERIALS OR SERVICES (IF ANY) PROVIDED HEREUNDER OR UNDER ANY RELATED AGREEMENTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR CLAIM.
3.3 Limitation of Liabilities. In no event will our aggregate liability for any damages arising out of or relating to this Agreement or any related agreement, whether in contract, tort or otherwise, exceed One U.S. Dollar ($1.00 USD).
4.1 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without regard to any conflicts of laws rules to the contrary, and the parties agree that any appropriate state or federal district court located in Santa Clara County, California, shall have the jurisdiction over any case or controversy arising hereunder.
4.2 Termination; Survival. The Agreement shall expire at the conclusion of the Beta Test Period. We reserve the right to conclude the Beta Test Period at any time at our discretion, on written notice to you. You will immediately discontinue use and destroy any copies in your possession of the Beta Materials upon expiration or termination of the Agreement. The following terms shall survive the termination of this Agreement: Section 1.2 (Reservation of Rights), Section 2 (Confidentiality), Section 3 (Disclaimer of Warranties; Limitation of Liability), and Section 4 (General).
4.3 Severability. If any part of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable, the remainder of this Agreement shall not be affected and such provision shall be deemed to be modified to the minimum extent necessary to make such provision consistent with applicable law, and such provision shall thereafter be enforceable.
4.4 Assignment. You may not assign this Agreement or its rights or obligations hereunder to any person or party, without our prior written consent, which may be granted or withheld at our sole discretion. Subject to the foregoing, any permitted assignment shall be binding upon and inure to the benefit of each party and its respective successors and assigns. We may freely transfer, assign or delegate this Agreement or its rights and duties under this Agreement.