FORTY NINERS TAIL-CRATE TERMS AND CONDITIONS
By purchasing one or more Forty Niners Tail-Crates (the "Goods") from Forty Niners Football Company LLC (the "Forty Niners"), you ("Buyer" or "You") agree to these terms and conditions (the "Terms").
1. Shipping Terms. Delivery shall be made in accordance with the Terms. Except as provided in the Subscription Form, Buyer shall be solely responsible for and pay, all costs of delivering the Goods including, without limitation, all shipping and freight costs and all duties, fees, tariffs or similar analogous taxes on imports/exports of the Goods.
2. Compensation. The price of the Goods (the "Price") is the price stated by Forty Niners on the applicable subscription form (the "Subscription Form").
3. Warranty. FORTY NINERS MAKES NO WARRANTIES OF ANY KIND WHATSOEVER EXPRESSED OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXCLUDED FROM THIS AGREEMENT. All specifications and descriptions of the Goods are approximate only. Forty Niners makes no representation of warranty that the Goods conform to any specification, description or condition and You agree and acknowledge that the items contained in the Goods may vary from time to time and are subject to availability. Any warranty regarding the Goods made by any third party is enforceable only against the third party, and not the Forty Niners.
4. Release. You hereby release Forty Niners and Forty Niners' parent companies, subsidiaries, affiliates, successors, assigns and each of their respective directors, officers, shareholders, and employees (collectively, "Indemnitees") from any and all loss, injury, death, damage, liability, claim, action, judgment, interest, penalty, cost or expense, including reasonable attorney and professional fees and costs (collectively, "Losses") arising out of or occurring in connection with the Goods, except in the case of gross negligence, willful misconduct or fraud of Forty Niners.
YOU AGREE TO WAIVE ANY RIGHTS YOU MAY HAVE UNDER THE CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY," OR SIMILAR RIGHTS UNDER APPLICABLE AND/OR ANALOGOUS LAWS, STATUTES, OR REGULATIONS IN OTHER JURISDICTIONS.
5. Force Majeure. Forty Niners may cancel or delay delivery of the Goods ordered hereunder in the event of causes beyond its reasonable control. In the event that Forty Niners cancels delivery or performance, Forty Niners shall in its reasonable discretion provide a refund to Buyer.
6. Miscellaneous. These Terms represent the entire agreement between Buyer and Forty Niners. In case any one or more of the provisions in the Terms shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect. These Terms shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.