American Airlines ("AA") IS PLEASED TO OFFER YOU ACCESS TO OUR SERVICES ON THE FOLLOWING TERMS:
Introduction to the AA and TEAM SPECIFIC TICKET RESERVATIONS.
Before considering the legal terms in the sections below, we wish to tell you about our marketplace. The AA is a venue where members can purchase and sell TEAM SPECIFIC TICKET RESERVATIONS. The rights to attend the Game represented by TEAM SPECIFIC TICKET RESERVATIONS and other instruments are granted by the AA who is responsible for underwriting and staging such event or providing such products. We simply provide an independent marketplace where interested buyers and sellers can meet to transact at prices established by them in a fair and open market. Moreover, our payment protocol protects a seller from buyer default. We, of course, are not responsible for matters outside our reasonable control including, without limitation, cancellation, postponement or interruption of the Game, unauthorized use of a credit card, or credit card fraud, or the personal safety of fans or audiences attending the Game. A TEAM SPECIFIC TICKET RESERVATION is an instrument which: (i) gives the holder the right to purchase a ticket to the Game, the occurrence of which may be known or is contingent upon one or more factors and (ii) obligates the holder to purchase the ticket if the Game is scheduled to occur. The price of a TEAM SPECIFIC TICKET RESERVATION is separate from and in addition to the price a holder will have to pay for the underlying ticket if the Game is scheduled to occur. If the Game does not occur, the holder will not be entitled to a refund of the TEAM SPECIFIC TICKET RESERVATION price.
The AA marketplace is available only to individuals who are 18 years of age or older or who have reached the age of majority to form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to minors or to suspended or terminated users. If you do not qualify, please do not use the Services.
Transaction Fees and Listings.
You can view our Listings free of charge without registering. In order to buy, sell, or bid on any of our Listings, or submit user submissions, you must register with the AA. The buyer and seller of a listing on our system (respectively "Buyer" and "Seller") each pay a transaction fee. Please see our FAQ section to view the fees for each market. The transaction fee paid by the Seller is deducted from the proceeds of sale. The transaction fee paid by the Buyer is added to the cost of the transaction and is clearly stated before the transaction takes place. When you place an order you have an opportunity to review and accept the transaction price and fee that you will be charged in the event of a transaction. We may in our sole discretion change, remove or suspend some or all of our Listings or Services and the fees we charge at any time. In the event we introduce a new Listing or Service, these fees are applicable (unless specifically stated otherwise) for that Listing or Service and are effective at its launch. Unless otherwise stated, all fees for transactions are quoted in US Dollars. You are responsible for paying all fees associated with using our service and the Site and any applicable taxes.
The Role of AA.
The AA offers a single marketplace to its users for Round-Trip Airfare to the 2015 National Championship Game.
AA-Supplied Marketplace. The AA Marketplace, through its electronic registration of Listings offered on our marketplace, stands responsible for the authenticity of Listings registered on the AA Marketplace. The delivery of Listings is the sole responsibility of the AA. Where delivery of a Listing is refused, prevented, hindered, delayed or otherwise made impractical beyond the AA reasonable control and such occurrence cannot be overcome by reasonable diligence and without unusual expense, the AA shall be excused from delivery and have the right, but not the obligation, to compensate the TEAM SPECIFIC TICKET RESERVATION holder at the close of the market with a payment equal to 125% of the average trading price of the last ten trades immediately prior to the market closing for that TEAM SPECIFIC TICKET RESERVATION marketplace. Notwithstanding the foregoing, in no event shall the AA refund a user less than what they paid for the TEAM SPECIFIC TICKET RESERVATION should delivery of the Round-Trip airfare not occur.
Grant of License.
As discussed above, the AA acts as a marketplace only to allow Buyers and Sellers to interact regarding Listings. The submission and confirmation of orders are transactions between Buyers and Sellers only. If you have a dispute with one or more parties or registered users, you release the AA and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
IN NO EVENT SHALL THE AA BE LIABLE FOR GAME CANCELLATIONS, POSTPONEMENTS OR INTERRUPTIONS, FOR UNAUTHORIZED USE OF A CREDIT CARD OR CREDIT CARD FRAUD, FOR THE PERSONAL SAFETY OF FANS OR AUDIENCES ATTENDING THE GAME OR FOR OTHER MATTERS OUTSIDE OUR CONTROL.
There is one method of purchasing a Listing, either buying it outright at its offered price. In either case, you agree to be bound by the terms and conditions in this Agreement. Since all prices for TEAM SPECIFIC TICKET RESERVATIONS are quoted in US Dollars, foreign purchasers bear the risk of currency fluctuation between the date of your purchase and the date your charges are converted to your home currency in accordance with the policy of your credit card company.
Buying Outright. Prior to executing a final purchase you will be asked to confirm your intent to purchase. Upon confirmation of a purchase, the AA will charge the Buyer's account or credit card for the sale price of the TEAM SPECIFIC TICKET RESERVATION, transaction fee and any taxes. Such confirmed purchase shall be final and cannot be cancelled.
If you fail to pay any amounts owed under this Agreement, you agree to reimburse the AA for any collection costs incurred in collecting such amounts.
Termination of Privileges.
Without limiting any other remedies, the AA may suspend or terminate your User privileges or deny you access if we suspect that: you have engaged in fraudulent, deceptive or dishonest activity in connection with the Sites.
Offline Transactions. You agree not to use the Site to (a) contact other AA users, (b) invite contact with other AA users, (c) solicit sales outside of AA, or (d) initiate or engage in transactions (either purchases or sales) outside of the AA Site. The AA is not responsible for any damages or lost profits that result from AA users directly contacting other AA users or for any damages or lost profits resulting from transactions conducted outside of AA, including transactions that originate at the AA Site and are taken offline.
Abusive Behavior. You agree not to use abusive language or behave in an abusive manner to any AA employee or customer.
Adult Materials. You agree not to list, sell or buy any adult materials, obscene materials or pornographic materials through the Sites, directly or indirectly, and you agree not to use any names or other information found on or via the Site to do so.
Illegal Activity. You agree not to use the Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and the purchase of the Listings. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card. You agree not to copy, modify, or distribute any content from the Site, including the AA copyrights and trademarks, and/or link to the Site without AA's prior written permission.
Stolen Property. The sale of stolen property on the AA Site is strictly forbidden, and violates state, federal and international law. The AA strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on the AA Site. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
Other. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior explicit written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the system or any activities conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You further agree information you provide us will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information. Information on the Site is updated on a real time basis and is proprietary or is licensed to the AA. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your information) from the Site without the prior explicit written permission of the AA.
Investigations. We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your account, stored payment methods, or executed transactions.
Disclosure of Information. You agree that the AA may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. The AA will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Warnings, Suspension, Termination and Denial of Access. Without limiting other remedies, we may immediately issue a warning, temporarily suspend or terminate your User rights, deny access and refuse to provide the Services to you if: (a) you breach this Agreement or the documents incorporated herein by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) your credit card charging privileges are revoked or charges are refused for any reason; or (d) we believe that your actions may cause financial loss or legal liability for you, us, our Users or any other person.
Disclaimer of Warranties.
THE AA AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES AND AGENTS PROVIDE THE SOFTWARE, SITE AND SERVICES ON AN "AS IS" AND "AS APPLICABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE AA AND ITS SUBSIDIARIES, EMPLOYEES, AGENTS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Change or Suspension of Site. The AA reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or the Services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of our control. The AA is never, for any reason, responsible for Listings on the Site that do not sell, including Listings that remain unsold during a Site outage.
Regular Maintenance. The Site will be unavailable while it is being updated and modified. When a Seller posts a Listing on the Site, the Listing may not be available for purchase until the next regularly scheduled Site update. AA is not responsible for unsold Listings resulting from Site updates.
Your Warranties to Us.
You represent and warrant that any information you provide to us, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.
Limitation of Liability.
IN NO EVENT SHALL THE AA BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES OFFERED OR THE TERMINATION OR MALFUNCTION OF THE SERVICES OR THE SITE. THE AA LIABILITY, TO YOU OR TO ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES OFFERED IS LIMITED TO THE LESSER OF (A) THE TOTAL U.S. DOLLAR AMOUNT OF ALL TEAM TICKET RESERVATIONS YOU PURCHASE AND SELL ON THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY AND (B) ONE HUNDRED US DOLLARS ($100.00). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
You agree to indemnify and hold the AA and its subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim, demand, damage or expense (including reasonable attorneys' fees), made by any third party or sustained by us due to or arising out of (i) your use of and access to the AA Site, (ii) your violation of any of the terms of this Agreement or the documents incorporated herein by reference, (iii) your violation of any third party right, including without limitation any copyright, property or privacy right or (iv) your actions or omissions, caused damage to any a third party.
You agree that AA is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold the AA and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by the AA that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of the AA.
These indemnification obligations survive this Agreement and your use of the Site.
Intellectual Property Rights to the Site and Services.
License and Ownership of Intellectual Property. You acknowledge and agree that (i) all patents, trademarks, trade names, service marks, copyrights and other intellectual property owned by, or licensed to, American Airlines (collectively, "Intellectual Property") are and shall remain the sole property of our American Airlines and the Licensor, and (ii) nothing in this agreement shall confer in you any right of ownership in, or license rights to, this Intellectual Property. In addition, you shall not now nor in the future contest the validity of the AA' license to use, or the Licensor's ownership of this Intellectual Property.
Copyright. The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of the AA, its licensors or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of the AA and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
You and the AA are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated herein, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement is effective on February 1st, 2014. This Agreement, and any rights granted hereunder may not be transferred or assigned by you, but may be assigned by the AA without restriction.
Except as expressly stated otherwise, any notices shall be given to AA in any of the following ways:
You may send an e-mail to firstname.lastname@example.org
Notice shall be deemed given 5 days after the date of mailing or 24 hours after email is sent, unless we are notified that the email address is invalid.
This Agreement shall be governed in all respects by the laws of the State of Texas in the United States of America; as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. Each party irrevocably agrees that any legal action, suit or proceeding brought by it in any way arising out of this Agreement must be brought solely and exclusively in Texas and each party irrevocably submits to the sole and exclusive jurisdiction of the federal and state courts in Texas in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other party. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by the AA, in our sole discretion, to a third party in the event of a merger or acquisition. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the sections to which they apply. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, which includes the other documents and policies incorporated by reference into this Agreement, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. YOU AND THE AA AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.