07-14-2016 01:42 PM - edited 07-19-2016 08:24 PM
Effective Date: July 15, 2016
Please also refer to our Southwest Community User Guidelines for further information regarding your use of the Southwest Community.
Registration and Accounts. The Service is intended to provide Southwest customers with an online community of message boards and other features that offer the opportunity to exchange useful and helpful information. Such information may be provided via text, links, images, communications, opinions, software, data, or any other content provided by a user on the Southwest Community (“Postings”). You do not need to be a Southwest customer to register for or participate in the Southwest Community. We encourage anyone to join, subject to the limitations in these Terms and any Additional Terms. Although registration is not required to read Postings in the Southwest Community, users must register an account in order to post in the Southwest Community. Southwest may refuse to grant you, and you may not use, a user name that is already being used by someone else, belongs to or impersonates another person, violates the intellectual property or other rights of any person (including but not limited to trademark rights), is offensive, or that Southwest rejects for any other reason in its sole discretion. You agree that all information provided in a profile is accurate, up to date, and complete, and that it will be kept updated. Southwest may terminate your account if any of the information provided is found to be inaccurate, out of date, or incomplete.
Content. The Service contains: (i) materials and other items relating to Southwest and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, Postings, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Southwest; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of Southwest or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
Limited License. Subject to your strict compliance with these Terms and the Additional Terms, Southwest grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, play the Content on a personal computer, browser, laptop, tablet, mobile phone or other Internet-enabled device (each, a “Device”) and/or print one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Southwest’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Limitations of Use. If you are under the age of thirteen (13), then you are not permitted to use the Service or Content. You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content. The Service and Content is available to you only for non-commercial use. You may not use the Service or Content for, or in connection with, offering any third-party product or service not authorized or approved by Southwest. You further agree that you will not: (i) use the Service or Content for any political purpose; (ii) engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Southwest; (iii) harvest any information from the Service; (iv) reverse engineer or modify the Service; (v) interfere with the proper operation of or any security measure used by the Service; (vi) infringe any intellectual property or other right of any third party; (vii) use the Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms or any applicable Additional Terms.
Availability and Termination. Southwest may immediately suspend or terminate the availability of the Service and Content, in whole or in part, to any individual user or all users, for any reason, in Southwest’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from Southwest, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive.
Reservation of All Rights. All rights not expressly granted to you are reserved by Southwest and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Service for any purpose is prohibited.
Community Usage Rules
Appropriate Conduct. We may edit or remove any Postings that we consider, in our sole discretion, to violate the Terms or to be inappropriate for the Southwest Community or Service, for any reason. Users of the Southwest Community are responsible for exercising careful and appropriate judgment in evaluating and taking action based on other users’ Postings, since such Postings may reflect significantly different levels of knowledge and experience by users. Users of the Southwest Community agree that Southwest is not responsible for any Postings and will not be liable for any damages incurred as a result of their use of any such Postings. Southwest has no obligation to monitor any links provided by users in Postings, and is not responsible for such links, which are to be accessed at a user’s own risk.
Prohibited Acts. Users of the Southwest Community agree not to engage in any of the following inappropriate conduct. You will not:
Please note: You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content in the Southwest Community. You acknowledge that Southwest may exercise its rights to any content you submit without notice to you (e.g. use, publish, or delete such content).
Moderators. Southwest reserves the right to manage the Postings on the Southwest Community to provide an orderly presentation of this information. To effectively manage the Southwest Community, Southwest may designate employees or others to act as moderators and administrators for the Southwest Community (“Moderators”). These Moderators are the only representatives of Southwest authorized to manage the Southwest Community. Any users who are not designated as Moderators are not authorized to represent themselves on the Southwest Community as Moderators. Authorized Southwest employees are distinguished by the Rank of “Employee” and/or an official Southwest logo as an avatar. Southwest is not responsible for content provided by any Southwest employee who is not designated as a Moderator or an Employee.
Community Monitoring. Users are asked to help Southwest keep the Southwest Community a valuable and enjoyable information resource for all participants by notifying us of any offending messages or other violations of these Terms. To advise us of such a Posting, click the confidential “Report Inappropriate Content” link on the applicable Posting. Repeat offenders will be contacted by e-mail and may be banned from the Southwest Community. If violations are egregious in nature, we will contact the appropriate authorities.
User Guidelines. Please also refer to our Southwest Community User Guidelines for further information regarding your participation in the Community.
Copyright Infringement and DMCA Policy
Southwest respects the intellectual property rights of others, and expects those who use the Service to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement in the United States, please notify Southwest of your claim of infringement by sending the following written information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(2), named below:
We will respond to notices of claimed copyright infringement in accordance with the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. Our designated Copyright Agent to receive DMCA Notices is:
Attention: General Counsel
2702 Love Field Drive
Dallas, Texas 75235
(214) 792-6200 (fax)
We appreciate hearing from you and encourage our customers to submit relevant information based on their experiences with Southwest to the Service. The Service may allow you to submit content to us, including Postings, feedback, and comments regarding your use of the Service (“Submissions”). You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Submissions and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You also irrevocably consent to our use and association of your name in connection with your Submissions and derivatives thereof. You agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Submissions. You agree that your Submissions will not: (i) promote any political or commercial purpose; (ii) defame, abuse, harass, stalk, or threaten others; (iii) use racially or ethnically offensive language; (iv) discuss or incite illegal activity; or (v) infringe any intellectual property or other right of any third party.
The Southwest Airlines Community is intended as a peer-to-peer community website. For official communication with a Southwest Customer Relations Representative, please write to us as Customer Relations, Southwest Airlines P.O. Box 36647 - 1CR Dallas, Texas 75235-1647 or visit southwest.com/contact-us. You acknowledge that the provision of support is at Southwest’s sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to: Southwest Airlines Co., P.O. Box 36611-4GC, Dallas, Texas 75235 (Attention: Legal Counsel). When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Third-Party Content and Sites; Advertisements. The Service may contain or may interact with third-party content that is not owned, controlled or operated by Southwest (collectively, “Third-Party Services”). We may also host our content on Third-Party Services. Southwest neither endorses nor controls such Third-Party Services, and you acknowledge and agree that we are not responsible or liable for the information, content, products, or services on or available from such Third-Party Services, or for the results of using them. If you choose to access any such Third-Party Services, you do so at your own risk.
Dealings with Third Parties. Any interactions, transactions, or other dealings that you have with any third parties found on or through the Service are solely between you and the third party. You hereby agree to indemnify Southwest against all claims, injuries, and/or damages, including attorneys’ fees, that arise out of your use of any Third-Party Service.
E-mail Messages. You can opt out of receiving promotional e-mails from us by following the instructions as provided in e-mails to click on the unsubscribe link or by sending an e-mail to us here with the word UNSUBSCRIBE in the subject field of the e-mail. This will not affect subsequent subscriptions, and if your opt-out is limited to certain types of e-mails the opt-out will be so limited. We reserve the right to send you e-mails relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt out from receiving our promotional e-mail.
These Terms and any applicable Additional Terms, as well as your use of the Service, will be governed by and construed in accordance with, and any Dispute (defined below) will be resolved in accordance with, the laws of the Texas, without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Southwest agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
Binding Arbitration. If any controversy, allegation, or claim (collectively, a “Dispute”) relates in any way to your use of the Service, then you agree the Dispute shall be submitted to confidential arbitration in Dallas, Texas, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Texas. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Texas. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association; these Terms shall otherwise be construed in accordance with the internal laws of the State of Texas without regard to Texas’ choice of law principles. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE JOINED OR CONSOLIDATED WITH ANY OTHER ARBITRATIONS OR OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. YOU AND SOUTHWEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Disclaimer of Representations and Warranties
AS PERMITTED BY APPLICABLE LAW: (A) THE SERVICE IS PROVIDED TO YOU ON AN “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS; (B) NEITHER SOUTHWEST NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE “SOUTHWEST PARTIES”) MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS; AND (C) BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. THIS SECTION IS NOT INTENDED TO LIMIT: (I) WARRANTIES PROVIDED BY MANUFACTURERS; OR (II) YOUR ABILITY TO RECOVER FROM PERSONAL INJURY.
Limitations of Our Liability
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SOUTHWEST PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS OR (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR SOUTHWEST HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. AS PERMITTED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY. THIS SECTION IS NOT INTENDED TO LIMIT: (I) WARRANTIES PROVIDED BY MANUFACTURERS; OR (II) YOUR ABILITY TO RECOVER FROM PERSONAL INJURY.
Waiver of Injunctive or Other Equitable Relief
YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY SOUTHWEST OR A LICENSOR OF SOUTHWEST.
You agree to defend, indemnify and hold harmless Southwest from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your use of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; or (vi) any misrepresentation made by you. Southwest reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Southwest’s defense of any claim. You will not in any event settle any claim without the prior written consent of Southwest. This section is not intended to limit: (i) warranties provided by manufacturers; or (ii) your ability to recover from personal injury.
Updates to Terms
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. Your continued use of the Service following the posting of revised Terms and any applicable Additional Terms shall indicate your acknowledgement of such changes and your agreement to be bound by the terms and conditions of such changes. If you object to any such changes, your sole recourse is to cease using the Service.
Consent or Approval. No Southwest consent or approval may be deemed to have been granted by Southwest without being in writing and signed by an officer of Southwest.
Severability; Interpretation; Assignment. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. You hereby waive any applicable statutory or common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Southwest may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Southwest.
Complete Agreement; No Waiver. These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Southwest in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
International Issues. Southwest controls and operates the Service from the United States, and Southwest makes no representation that the Service is appropriate or available for use beyond the United States. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service. Software related to or made available by the Service may be subject to export controls of the U.S.A, and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
Investigations; Cooperation with Law Enforcement. Southwest reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. Southwest may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112 Sacramento, California 95834, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
California residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can make a request that such information be removed from the Service by contacting us at the e-mail or postal address listed in the foregoing paragraph (1) stating that they personally posted such content or information, and (2) detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or to anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.