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American Airlines, Inc
AAirpass Use Agreement Updated November 18, 2003 |
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Thank you for visiting the American Airlines, Inc. ("AA") AAirpass.com web site (the "Site"). In return for gaining access to and using the Site, you, both in your individual capacity as well as on behalf of your company (collectively "you"), agree to be bound by this Use Agreement (this "Agreement") with AA, so please carefully review the following before proceeding. If you do not intend to be legally bound by this Agreement, do not access and use the Site. AA reserves the right to change this Agreement and to make changes to the Site or any of the products or programs described in the Site at any time without notice or liability. Any such revisions will be binding on you when they are made and, therefore, you should periodically visit this page when you use the Site to review the then current Agreement that binds you. AA also reserves the right in its sole discretion to deny you access to the Site at any time. AA enters into agreements with third parties from time to time to provide our customers with the opportunity to obtain special services, products or prices offered by the third party. You will not be deemed to be violating this agreement when acting in accordance with the terms and conditions of any such program. Likewise, the terms and conditions in this Agreement will be considered broadened to the extent needed to permit such third parties to operate within the terms of a written agreement they have entered into with us. This Agreement relates to your use of the Site, and does not alter or impact the terms and conditions of carriage or other commercial obligations you may have to AA, its subsidiaries or affiliates (nor does it alter or impact the obligation they may have to you). The titles in this Agreement are provided only for your convenience and are not to be used in interpreting the Agreement. Intellectual property notifications Unless otherwise noted, all information, Your AAirpass account information, text, articles, data, information, images, passwords, screens, web pages, software or other materials appearing on or accessed through the Site (collectively "Content") are the exclusive property of American Airlines, Inc. or its subsidiaries and affiliates: Your representations and warranties By using this Site, you represent and warrant that you are 18 years of age or older possess the legal right and ability to enter into this Agreement and to use this Site in accordance with all of this Agreement's terms and conditions. You are responsible (including financial responsibility) for all use of this Site under your name or account, including without limitation all uses of your account by others, including minors. You may only allow others to use this Site under your name or account if you agree to pay all charges that they incur and to be responsible for all other aspects of their usage. You agree to not to allow minors to use this Site under your name or account, but you agree to full responsibility for their use if you violate this prohibition. You agree not to assign, transfer or sublicense your rights pursuant to this Agreement. Your indemnity obligation You agree to indemnify, defend, and hold AA and its subsidiaries and affiliates harmless from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants' fees and disbursements) and costs (collectively, "Claims"), based on, arising out of or resulting from your use or misuse of the Site, including without limitation any Claims alleging facts that if true would constitute your breach of this Agreement, except to the extent that the Claims are caused by AA's negligence or willful misconduct. Limitations on your use AA provides this Site solely to permit you to determine the availability of flight related goods and services and to make legitimate reservations or otherwise transact business with AA, and for no other purposes. This Site is for your direct business use. You may not copy, create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit the Content or any information, products, services, or software obtained by, from or through this Site. AA forbids such uses, and access for any such purpose is an unauthorized use of this Site. You agree that the services offered through the Site shall be used only to make legitimate reservations or purchases for your business. You agree that, without limitation, you shall not make any false or speculative reservation or any reservation in anticipation of demand. If AA determines that you have confirmed such reservations, AA may without notice cancel all confirmed space associated with such reservations. You agree to abide by the terms or conditions of purchase AA imposes, including but not limited to payment of all amounts when due and compliance with all rules regarding availability of fares, products, or services. You are completely responsible for all assessments, charges, duties, fees and taxes arising out of your use of this Site. The AAirpass program is valid for travel on AA, American Eagle and AmericanConnection. American Eagle and AmericanConnection are regional airline associates of American Airlines, Inc. AmericanConnection service is operated by Trans States Airlines, Inc., Chautauqua Airlines, Inc., and Corporate Airlines, Inc., each of which operates as an independent contractor. AA reserves the right to amend or terminate its agreement with other carriers regarding acceptance of AAirpass tickets at any time. AA is not responsible for products or services offered by other participating companies. Your account information is owned by and proprietary to AA. While you may access your account information through the Site, you may not give access to your account to any person or entity other than a member of the business for whom you shall be responsible. You may not give access to your account to any third party online service, including, but not limited to any tracking service. You must access your account information directly through the Site and not through a third party Web site, including but not limited to any tracking service. You also violate this Agreement if you enable any AAirpass customer to access account information without visiting the Site. We want our customers to enjoy using the Site, so certain ground rules need to be established. For the protection of AA and its customers, you agree that you will not Misuse this Site. "Misuse" includes, but is not limited to, utilizing the Site to do any of the following: No warranty by AA The Content, information, products, services and software contained on or used in this Site may contain inaccuracies and/or typographical errors. AA may alter, change, or improve the Content or the Site at any time and without notice. AA makes no representations or warranties as to the Content's or the Site's suitability for any purpose, completeness or accuracy, and makes no commitment to update the Content or the Site. YOU USE THIS SITE AT YOUR OWN RISK. THE SITE (AND ALL CONTENT FOUND THEREIN) IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR TITLE. IN NO EVENT SHALL AA OR ITS AFFILIATED COMPANIES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THIS SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE RELATED TO THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER AA WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. Some jurisdictions do not allow the exclusion of implied warranties or consequential or incidental damages, so portions of the above exclusions may not apply to you. AA neither warrants nor represents that your use of information and material on this Site (including the Content) will not infringe upon the intellectual property rights of third parties. AA shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading from the Site any Content, including, but not limited to audio, data, images, materials, pictures, text, or video. Because AA provides services and products in many parts of the world, this Site may refer to certain goods, products, and/or services that are not available in your area. A reference to goods, products, and/or services without limiting their geographic scope does not imply that AA offers or intends to offer those goods, products, and/or services in all locations. Use of information you provide Consistent with AA's privacy policy, we ask you to provide us with certain information when you purchase travel or when you take advantage of certain personalized services. You agree that when you provide such information, the information will be accurate. We agree to use this information in a manner consistent with our privacy policy. To review our privacy policy, click here. For use of certain services, we may provide you with a password. You must take precautions to insure the security of your password. While AA takes reasonable steps to safeguard and to prevent unauthorized access to your private information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, expressed, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL AA OR ITS AFFILIATED COMPANIES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER AA WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. Some jurisdictions do not allow the exclusion of consequential or incidental damages, so portions of the above exclusions may not apply to you. Although your individual circumstances may call for additional security precautions regarding your password, you may, at your own risk, choose to adopt the password suggestions we have provided solely for your convenience. For a list of password protection suggestions, click here. No offer to sell or buy securities the information on this Site does not constitute an offer to sell, or the solicitation of an offer to buy any securities and must not be relied upon inconnection with any investment decision. Links to other sites; Framing This Site may provide hyperlinks or references to other sites. While AA endeavors to provide links only to those sites that are reputable and safe, we cannot be held responsible for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. AA provides any such links to other sites merely for your convenience and our inclusion of such links in this Site does not imply an endorsement of the linked sites or their content. Therefore, you assume sole responsibility for using links or pointers to third parties. AA bears no responsibility for sites that provide hyperlinks or references to this Site unless those sites are operated by AA. You may not hyperlink or provide references to this Site, unless you are allowed to do so under a separate written agreement. You are also denied permission to use any trademarked or copyrighted material to provide such hyperlinks or references, unless you are allowed to do so under a separate written agreement. AA prohibits framing of the Site, any portion of the Site or the Content. Your communication with us AA does not accept or consider unsolicited proposals related to its business, including but not limited to proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies. AA therefore requests that you not send such proposals. Please also refrain from sending original creative artwork, blueprints, demonstratives, designs, layouts, photographs, or samples. AA has adopted this policy to prevent claims that we have copied such unsolicited ideas without authorization. If you do send us unsolicited proposals, you agree that AA may use any concepts, ideas, inventions, know-how, or techniques that you disclose in those communications for any purpose, including the developing, manufacturing, and/or marketing of goods, products, or services. Monitoring of Communications This Site may provide you the ability to have an online chat session with AA or with telephone information by which you can contact AA. For quality assurance purposes, AA may monitor and/or record the contents of these communications. By contacting AA, you understand that the communication may be monitored and/or recorded and you consent to the monitoring and/or recording. Your use of Forums You agree to use any bulletin boards, chat rooms, conferences, or other communication or message facilities ("Forums") that may be contained on this Site (if any) only to send and receive material and messages that are proper and related to the particular Forum. You further agree that you will use the Forums in conformity with all applicable laws and this Agreement. You agree that you will not Misuse a Forum. AA reserves the right to remove at will and without notice any Content on this Site, including anything you post in a Forum. You understand that any use by you of a Forum constitutes a public communication. You understand that AA owns any and all information or material that you post on a Forum, and, by submitting it to the Forum, assign your interests to such materials to AA. You agree that you waive all of the rights you have to any information or material that you post on a Forum. You further acknowledge that AA does not endorse or sponsor any information or material posted by Forum users, and that AA has no responsibility to approve, review, or screen such information or material. Forum of actions, governing law, and procedural restrictions You agree that this Agreement is made and entered into in Tarrant County, Texas. You agree that Texas law governs this Agreement's interpretation and/or any dispute arising from your access to, dealings with, or use of this Site, without regard to conflicts of law principles. Any lawsuit brought by you related to your access to, dealings with, or use of this Site must be brought in the state or federal courts of Tarrant County, Texas. Other terms This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Site. Of course, separate agreements may attach to any goods, products, or services you obtain, purchase, or use from this Site. In the case of a conflict between this Agreement and any agreement specific to any goods, products, or services that you obtain, purchase, or use from this Site, the terms of the specific agreement shall govern. Any failure of AA to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision. |
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The AAirpass program is valid for travel on American Airlines, American Eagle and AmericanConnection®. American Airlines reserves the right to amend or terminate its agreement with other carriers, regarding acceptance of AAirpass tickets, at any time. American Airlines, American Eagle, AmericanConnection®, AAirpass, AA.com, Admirals Club, AAdvantage Executive Platinum, AAdvantage Platinum and AAdvantage are marks of American Airlines, Inc., American Eagle and AmericanConnection are regional airline associates of American Airlines, Inc. AmericanConnection service is operated by Trans States Airlines, Inc., Chautauqua Airlines, Inc., and Corporate Airlines, Inc., each of which operates as an independent contractor. American Airlines is not responsible for products or services offered by other participating companies.
©2008 American Airlines, Inc. All rights reserved.
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