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These SalesLink Terms of Service (these “Terms”) constitute a binding contract between American Airlines, Inc. (“American”) and you, both individually and in your capacity as an employee, contractor, owner, sole proprietor, agent, or other representative of a travel agency, travel management company, or corporate customer of American (“Company”). These Terms apply to any use by you of American’s SalesLink Insights Portal available at https://saleslink-insights.aa.com (“SalesLink Insights”) and/or American’s SalesLink Services Portal available at https://saleslink.aa.com (“SalesLink Services”), or any related websites, applications or contents contained in or linked through either SalesLink Insight or SalesLink Services (collectively referred to as, “SalesLink”). By clicking “I Agree” or otherwise enrolling in or logging in to SalesLink, you expressly agree to be bound by these Terms. If you do not agree to be so bound, you must not use SalesLink.
American grants you a limited, revocable, personal, non-sub-licensable, non-transferable license to access and use SalesLink in accordance with these Terms. You are responsible for keeping your login credentials secure and you will be responsible for any activity taken using your account on SalesLink Insights and/or SalesLink Services (the “SalesLink Account”). American may revoke the rights granted to you under these Terms at any time, without prior notice. American reserves the right to withdraw or amend SalesLink in its sole discretion and without notice. These Terms may be revised and modified at any time in American’s sole discretion. All changes to the Terms are effective immediately when posted. Your continued use of SalesLink is your acceptance of the revised and updated Terms.
SalesLink may include certain portions of American’s non-public, proprietary information, including information regarding American’s fares, performance data, and the features of SalesLink Insight and/or SalesLink Services (“Confidential Information”). You agree and acknowledge that information will not be deemed “public” simply by its availability through the account-restricted portion of SalesLink. You will keep all Confidential Information in strict confidence, and you will not use Confidential Information except for your Company’s lawful personal or internal purposes. You will not use Confidential Information in any way that may be harmful to American or its affiliates. You will not disclose Confidential Information to any third parties.
American may terminate your SalesLink Account without notice from American if you fail to comply with any of these Terms. Upon termination of your SalesLink Account, you will cease use of SalesLink and destroy all copies, full or partial, of the content from SalesLink in your control. American may change, suspend, remove or disable access to your SalesLink Account at any time without notice to you. Sections 2 through 15 of these Terms will survive any termination of your access to SalesLink. In the event that you have multiple SalesLink Accounts (such as separate accounts for use of SalesLink Services and SalesLink Insights) or multiple users from your Company have SalesLink Accounts, in the event that you or any such representative fails to comply with any of these Terms while using any SalesLink Account, American reserves the right to (a) terminate any or all such SalesLink Accounts and/or (b) prohibit you or your Company from creating new SalesLink Accounts.
SalesLink may display, include or make available content, data, information, applications or materials from third parties (collectively, “Third Party Materials”). You acknowledge and agree that American is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright, compliance, legality, decency, quality or any other aspect of such Third Party Materials. American does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Materials.
You acknowledge that the data provided on SalesLink is provided for your convenience and is subject to change without notice. In the event of a discrepancy between the data on SalesLink and American’s records, American’s records shall control. Nothing in this Section 8 shall alter, amend or restrict Section 10 or Section 11. Nothing in these Terms shall be interpreted as restricting or prohibiting your right to dispute the amount of any incentive payment, as may be set forth in any agreement with American.
SalesLink, together will all trademark, copyright, patent, and other intellectual property rights therein, are owned exclusively by American and its licensors, and nothing in these Terms grants you any right, title or interest in or to any of the foregoing except for the limited license granted in Section 1.
USE OF SALESLINK IS AT YOUR SOLE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SALESLINK IS PROVIDED “AS IS” AND “AS APPLICABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND AMERICAN HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO SALESLINK, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. AMERICAN DOES NOT WARRANT THAT THE SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN SALESLINK WILL BE CORRECTED, OR THAT SALESLINK WILL BE AVAILABLE IN ALL REGIONS OR LANGUAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NOT EVENT WILL AMERICAN BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE SALESLINK, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF AMERICAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL AMERICAN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS AMERICAN, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, SUCCESSORS AND ASSIGNS (EACH, AN “INDEMNITEE”) FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, JUDGMENTS, AWARDS, PENALTIES, INTEREST, FINES, COSTS, FEES OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEYS’ FEES, PROFESSIONAL FEES, THE COST OF THE ENFORCING ANY RIGHT TO INDEMNIFICATION HEREUNDER AND THE COST OF PURSING ANY INSURANCE PROVIDERS, INCURRED BY ANY INDEMNITEE ARISING OUT OF YOUR USE OF SALESLINK, OR ANY BREACH OF ANY REPRESENTATION, WARRANTY OR OBLIGATION IN THESE TERMS.
These Terms will be governed by and interpreted pursuant to the laws of the State of Texas without giving effect to its principles of conflicts of law. In connection with any claim, demand, proceeding, suit or action arising out of or resulting from these Terms, the parties hereby submit and consent to the exclusive jurisdiction of the United States District Court for the Northern District of Texas and the courts of the State of Texas for all disputes and waive any claim of lack of jurisdiction or forum non conveniens. You agree and understand that you will not bring against American, or any of its affiliated entities, agents, directors, employees, and/or officers any class action lawsuit related to your access to, dealings with, or use of SalesLink
With respect to these Terms: (a) “include,” “includes,” and “including” shall mean without limitation; (b) the term “or” is not exclusive; (c) headings are for reference only; (d) all references to laws shall mean any law, regulation, statute, rule, or judgment applicable to you or American in connection with your use of SalesLink; and (e) these Terms may be provided in multiple languages for convenience. However, for purposes of legal interpretation, the English language version is the official version and shall prevail.
These Terms constitute the entire agreement between the parties governing the access to, dealings with, and use of SalesLink. In the case of a conflict between these Terms and any other agreement between you and American, these Terms will prevail only with respect to your access to or use of SalesLink. Any failure of American to assert any rights it may have under these Terms does not constitute a waiver of its rights to assert the same or any other right at any other time or against any other person or entity. If any of these Terms are found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken without affecting the validity or enforceability of any other provision.
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