AirPass Use Agreement
Updated November 18, 2003
Thank you for visiting the American Airlines, Inc. ("AA") AirPass.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 AirPass 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:
A. All information, products, services and software contained on or used in the Site (including the Content) is Copyright 2002-2017 by American Airlines, Inc. All rights reserved.
B. The trademarks, tradenames, logos, service marks, and trade dress (collectively the "Trademarks") displayed on this Site are registered and unregistered Trademarks of American Airlines, Inc., its subsidiaries and affiliates, or, where applicable other third parties. American Airlines, American Eagle, AmericanConnection, AirPass, AA.com, AAdvantage Executive Platinum, AAdvantage Platinum and AAdvantage are marks of American Airlines, Inc. Click here for a list of all trademarks.
C. Images of people, objects, or places displayed on the Site are either the property of, or used with permission by, AA or its subsidiaries and affiliates.
D. AA owns or uses by permission all software contained on or that comprises the Site, including without limitation all HTML code and Active X controls. Copyright laws and international treaty provisions protect this software. The law expressly prohibits any reproduction or redistribution of the software, and such actions may result in severe civil and criminal penalties. AA will seek and support prosecuting violators to the maximum extent possible.
E. You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the Content or anything you access via the Site for public or commercial purposes other than as expressly allowed as part of the AirPass service. Nothing on this Site should be interpreted to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.
F. For additional information regarding American's intellectual property, please read our Trademarks and Copyright Information page.
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 AirPass 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 AirPass 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 AirPass 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:
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 federal, state, or local law or ordinance.
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, corrupt files, or similar software.
D. Download or upload files that contain materials, including but not limited to software, that violate the intellectual property, privacy, or publicity rights of others unless you own, control, or have been authorized to exercise such rights.
E. Misrepresent or omit the origin or source of any file you download or upload.
F. Download or upload files that do not contain the posted proprietary language, author attributions, and/or copyright, patent, or trademark notices.
G. Distribute, disseminate, post, or publish any indecent, infringing, obscene, or unlawful information or material.
H. Engage in commercial purpose (other than those expressly contemplated by the AirPass service) including but not limited to:
(1) advertising or offering to sell any goods or services;
(2) conducting contests or surveys;
(3) distributing chain letters, or advertising with respect to any ponzi scheme or pyramid scheme; or
(4) advertising or offering to sell any business opportunities, direct sales opportunities, employment, independent contractor positions, multi-level marketing opportunities, or securities.
I. 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 AMR Corporation, American Airlines, Inc., American Eagle Airlines, Inc., AMR Investment Services or AMR Training Group, or any of their affiliates.
J. Download or upload files that you know, or reasonably should know, cannot be legally distributed through this Site.
K. Upload, download, or otherwise export or re-export software from this Site:
(1) to a national or resident of or into any country the U.S. has embargoed, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia;
(2) to anyone on the U.S. Treasury Department's Specially Designated Nationals list, or
(3) to anyone on the U.S. Commerce Department's Table of Denial Orders.
L. Copy or create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through the Site without express permission.
M. Monitor or copy any Content by using any manual or automated process, "screen scraping" or any robot, spider, or other automatic device, without first obtaining AA's prior written consent.
N. Act as an agent or attorney in fact for any person or company other than the company that you represent while using the site.
O. Take any action that will or could impose an unreasonable or disproportionately large load on our site infrastructure.
P. Access information about any AirPass customer or users protected by site log in and post it on any other Web site, with or without that customer's consent.
Q. Utilize an AirPass customer's User ID or password during log in, unless you are:
(1) the AirPass customer to whom that User ID or password is assigned (the "Authorized AirPass customer");
(2) a family member of the Authorized AirPass customer, acting with the Authorized AirPass customer's permission; or
(3) an employee of the Authorized AirPass customer's employer, acting with the Authorized AirPass customer's permission.
R. Engage in any other conduct that is in conflict with, or that AA deems to be in conflict with, this Agreement. AA reserves the right to deny you access to this Site at any time and for any reason. You agree that unauthorized use of the Site, or use in violation of this Agreement shall constitute breach of contract, trespass to chattels, and could violate other state and federal laws related to the unauthorized use of computers or computer services. The Site is provided to you by AA in reliance on your agreement to comply with this Agreement.
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.
AirPass is valid for travel on AA marketed flights ticketed by American Airlines, on 001 ticket stock. A portion of all travel booked on American Airlines may be American Eagle® service. As of April 15, 2014, American Eagle® service is operated by Envoy Air Inc., SkyWest Airlines, Inc., ExpressJet Airlines, Inc., or Republic Airline Inc.
©2017 American Airlines, Inc. All rights reserved.