Mobile Terms and Conditions of Use
Updated: June 8, 2026
San Francisco 49ers Marketing SMS Program
Terms of Service
The San Francisco 49ers SMS/mobile text messaging service (the "Service") is operated by Forty Niners Football Company LLC ("San Francisco 49ers", "49ers", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
BY ACCEPTING THESE TERMS, YOU ALSO AGREE TO OUR PRIVACY POLICY, LOCATED AT https://www.49ers.com/about-us/privacy-policy, WHICH IS INCORPORATED INTO THESE TERMS AND MAY BE UPDATED FROM TIME TO TIME.
By consenting to the Service, you agree to receive recurring SMS/text messages from and on behalf of the San Francisco 49ers through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, sweepstakes, specials, and other marketing offers.
You understand that you do not have to sign up for the Service in order to make any purchases, and your consent is not a condition of any purchase with the San Francisco 49ers. Your participation in the Service is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +18776196965 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other San Francisco 49ers mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to +18776196965 or email digitalmedia@49ers.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you obtain a new mobile number, you will need to sign up for the Service with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Arbitration. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
You and the 49ers agree to resolve any claims relating to these Mobile Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate the 49ers' intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances the 49ers may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Mobile Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in these Mobile Terms to arbitrate, the rules set forth in this section and the agreement to arbitrate will govern.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the 49ers in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE 49ERS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE. You can decline this agreement to arbitrate by emailing the 49ers at legal@49ers.com and providing the requested information as follows:
- Your name;
- the URL of these Mobile Terms and agreement to arbitrate disputes;
- your address;
- your phone number; and
- clear statement that you wish to opt out of this arbitration provision in the Mobile Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Mobile Terms by using the Service.
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
PLEASE READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS.
For all matters not susceptible to arbitration according to the arbitration provision in these terms, this agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Northern District of California or, for matters not susceptible of adjudication in the federal courts, the courts of the State of California located in Santa Clara County, in all disputes arising out of or relating to the use of the Service.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide the 49ers with written notice of the events or facts giving rise to the claim within one (1) year of their occurrence.
YOU AND THE SAN FRANCISCO 49ERS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.