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Website Agreement


Introduction

Thank you for visiting this American Airlines website (the "Site"). In return for gaining access to the Site and using it, you agree to be bound by the following terms and conditions (this "Agreement"), so please carefully review this Agreement before proceeding. If you do not intend to be legally bound by this Agreement, do not access and use the Site. American Airlines reserves the right to change this Agreement and to make changes to any of the products, services or programs described in the Site at any time without notice or liability. Any such revisions are prospectively binding on you and therefore you should periodically visit this page when you use the Site to review the then-current Agreement. American Airlines also reserves the right in its sole discretion to deny you access to the Site at any time.

Acceptable Use of the Site

American Airlines provides the Site solely to permit you to determine the availability of products and services offered on the Site and to make legitimate reservations or otherwise transact business with American Airlines, and for no other purposes. The Site is for your personal use. You agree that you will use the Site's services only to make legitimate reservations or purchases for you or for another person for whom you are authorized to act both legally and under the terms of this Agreement.

You agree that without limitation you shall not make any false reservation or any reservation in anticipation of demand or any reservation in a fictitious name. If American Airlines determines that you have confirmed multiple reservations to one or more destinations on or about the same date, American Airlines may without notice cancel all confirmed space associated with the multiple reservations.

Separate Conditions of Carriage apply to air transportation and related services. In addition, you agree to abide by all terms and conditions that American Airlines imposes on the purchase of specific products and services, including, but not limited to, payment of all amounts when due and compliance with all rules regarding availability of fares, products, or services. Products and services of other travel companies are also offered via this Site and those products and services are also subject to the terms and conditions that those travel companies apply to their customers. You are also solely responsible for all assessments, charges, duties, fees, and taxes arising out of your use of this Site.

Your account information is owned by and proprietary to American Airlines. 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 your household or a person that you directly supervise as part of your career or employment. You may not give access to your account to any third party on-line service, including, but not limited to, any mileage management service, mileage tracking service, or mileage aggregation 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 mileage management service, mileage tracking service, or mileage aggregation service. You also violate this Agreement if you enable an AAdvantage member to access account information without visiting the Site.

The information on the Site does not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision.

Misuse of the Site

You agree that you will not Misuse the Site, including any bulletin boards, chat rooms or other communications or message facilities contained on the Site. "Misuse" includes, but is not limited to, using the Site to do any of the following:

A. Distribute, disseminate, post, or publish any information or material that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals on the basis of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union or nonunion affiliation, or any other basis protected by law.
B. Abuse, defame, harass, stalk, threaten, or otherwise violate others' legal rights, including but not limited to rights of privacy and publicity.
C. Download or upload files that may damage the operation of another's computer, such as computer viruses, trojan horses, corrupt files, or other malicious, harmful or disabling code, file, software or data.
D. Download, upload or distribute files that contain materials, including but not limited to, software, that are illegal or violate the intellectual property, privacy, or publicity rights of others.
E. Distribute, disseminate, post, or publish any indecent, infringing, obscene, or unlawful information or material.
F. Engage in any advertising via the Site, including offering to sell any goods or services, conducting contests or surveys, or distributing chain letters.
G. Post, send, or otherwise disclose confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person, including but not limited to, American Airlines and its affiliates.
H. Copy or create derivative works from, display, distribute, download, license, modify, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through the Site.
I. Monitor or copy any Content by using any manual process, or any robot, spider, or other automatic device, without first obtaining American Airlines' prior written consent.
J. Act as an agent or attorney in fact for any person who is not:
  1. A member of your household; or
  2. Your direct supervisor at your place of employment.
K. Take any action that will or could impose an unreasonable or disproportionately large load on our Site infrastructure.
L. Act as a mileage management service, mileage tracking service or mileage aggregation service for any AAdvantage member.
M. Access information about any AAdvantage member protected by site log-in and post it on any other web site, with or without that AAdvantage member's consent.
N. Utilize an AAdvantage member's password or personal identification number during log-in, unless you are:
  1. The AAdvantage member to whom that password or personal identification number is assigned (the "Authorized AAdvantage member");
  2. A family member of the Authorized AAdvantage Member, acting with the Authorized AAdvantage Member's permission; or
  3. An employee of the Authorized AAdvantage Member's employer, acting with the Authorized AAdvantage Member's permission.
O. Make any unauthorized access to computer systems, servers, networks, or accounts via this Site or the systems that support this Site.
P. Engage in any other conduct that is, or that American Airlines deems to be, in conflict with this Agreement. American Airlines forbids such Misuses, and access of the Site for any such Misuses or other similar purposes is an unauthorized use of the Site.

If you engage in any Misuse, then American Airlines reserves the right to terminate your use and access to this Site and cancel any confirmed space associated with your current reservations.

Intellectual Property Notifications

Unless otherwise noted, all information, AAdvantage account information, articles, data, images, passwords, Personal Identification Numbers ("PINs"), screens, text, user names, web pages, or other materials (collectively "Content") appearing on the Site are the exclusive property of American Airlines or its affiliates. Images of people, objects, or places displayed on the Site are either the property of, or used with permission by, American Airlines or an affiliate. Nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise. For additional information regarding American's intellectual property, please click on the "Copyright" link at the bottom of any page.

Your Representations and Warranties

By using the Site, you represent and warrant that you are 18 years of age or older and possess the legal right and ability to enter into this Agreement and to use the Site in accordance with all of the terms and conditions of this Agreement. You accept financial responsibility for all use of the Site under your name or account, including without limitation all uses of your account by others, including minors living with you. You may allow other members of your household to use the Site under your name or account only if you agree to pay all charges that they incur and to be responsible for all other aspects of their usage. You further agree to supervise all minors who use the Site under your name or account. You agree not to assign, transfer, or sublicense your rights pursuant to this Agreement.

Your Indemnity Obligation

You agree to indemnify, defend, and hold harmless American Airlines and its affiliates 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 breach of this Agreement or otherwise from your use of the Site, including without limitation any Claims alleging facts that if true would constitute your breach of this Agreement.

No Warranty by American Airlines

The Content may contain inaccuracies and/or typographical errors. American Airlines may alter, change or improve the Content at any time and without notice. American Airlines makes no representations or warranties as to the Content's completeness or accuracy, and makes no commitment to update the Content. American Airlines makes no representations about the Content's suitability for any purpose.

You use the Site at your own risk. The Content is provided "as is" and without warranty of any kind, either express or implied, including without limitation any implied warranties of fitness for a particular purpose, merchantability, non-infringement or title.

American Airlines neither warrants nor represents that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. Because American Airlines provides services and products in many parts of the world, the Site may refer to certain products, services or programs that are not available in your area. A reference to products, services and/or programs without limiting their geographic scope does not imply that American Airlines offers or intends to offer those products, services and/or programs in all locations.

Limitation of Liability

To the extent permitted by applicable law, American Airlines and its affiliates shall not 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 the Site or for any of the Content obtained through or otherwise in connection with 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 American Airlines or its affiliates were given actual or constructive notice that damages were possible. However, nothing in this Website Agreement shall exclude or limit American Airlines' or its affiliates' liability for death or personal injury directly caused by use of this Site.

You agree to backup your data. In the case of loss of data, American Airlines shall only be liable for the expenditure which is necessary to restore the data from your proper data backup of that data.

Use of Information You Provide American Airlines

Consistent with the American Airlines privacy policy, we ask you to provide us with certain information when you purchase travel or other products or services or when you take advantage of certain programs. You agree that when you provide such information, the information will be accurate. Under no circumstances will you provide false or misleading information. We agree to use this information in a manner consistent with our privacy policy. To review our privacy policy, please click on the "Privacy Policy" link at the bottom of any page.

For use of certain services or programs, we may provide you with a pass code. This pass code is proprietary to and the property of American Airlines. However, you must take precautions to insure the security of your pass code. American Airlines assumes no responsibility for and will not be liable in the event that another person learns your pass code or uses your pass code to cause damage to you.

While American Airlines 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, express, implied, or otherwise, that we will prevent unauthorized access to your private information.

Links to Other Sites and to the Site

The Site may provide hyperlinks or references to other sites. While American Airlines endeavors to provide links only to sites that are reputable and safe, we take no responsibility for the information, products, or services obtained on such other sites. You agree that American Airlines will not be liable for any damages arising from your access to such sites and you hereby waive any such liability. American Airlines provides any such links to other sites merely for your convenience and our inclusion of such links and frames in the Site does not imply an endorsement of the linked or framed sites, their content, or the persons or entities operating those sites. Therefore, you assume sole responsibility for using links or pointers to third parties.

American Airlines specifically denies you permission to hyperlink or provide references to the Site, unless you are allowed to do so under a separate written agreement with American Airlines. 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 with American Airlines. American Airlines bears no responsibility for sites that provide hyperlinks or references to the Site unless those sites are operated by American Airlines.

Your Communication with Us

American Airlines will not treat as confidential any communications you send to us by electronic mail or otherwise. American Airlines has no obligation to refrain from publishing, reproducing, or otherwise using your communications in any way and for any purpose.

American Airlines 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. American Airlines therefore requests that you not send such proposals. Please also refrain from sending original creative artwork, blueprints, demonstratives, designs, layouts, photographs, or samples. American Airlines has adopted this policy to prevent claims that we have copied such unsolicited ideas without authorization, when, in fact, we developed the idea independent of or even long before receiving the unsolicited proposal. If you do send us unsolicited proposals, then do so with the understanding that American Airlines 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 products, services or programs. American Airlines may do so free of any obligation to compensate you for that use.

Telephone Conversations with American Airlines

Please note that if you call American Airlines, telephone communication may be monitored, recorded, and/or transcribed and you consent to such monitoring, recording, and/or transcribing. Such records may be kept indefinitely or disposed of at our discretion.

Forum for 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 the Site, without regard to conflicts of law principles. Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought in the state or federal courts located in Tarrant County, Texas. You agree and understand that you will not bring against American Airlines or any of its affiliates, or their respective agents, directors, employees, and/or officers, any class action lawsuit related to your access to, dealings with, or use of the Site.

Other Terms

This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Site. Separate agreements may attach to any products, services or programs you obtain, purchase, use from the Site or programs referred to on the Site that you may participate in. In the case of a conflict between this Agreement and any agreement specific to any such products, services or programs, the terms of the specific agreement shall govern. The titles in this Agreement are provided only for your convenience and are not to be used in interpreting the Agreement.

Any rights not expressly granted herein are reserved. Any failure of American Airlines 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.