1. User's Acknowledgment and Acceptance of Terms
2. Personal and Non-commercial Use Limitation
This Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Site.
3. Conduct on Site
You agree that you will not Misuse the Site. "Misuse" includes, but is not limited to:
- Uploading, sharing, posting, or otherwise distributing any “content,” as defined in Section 8 below, that:
- Is indecent, obscene, or unlawful;
- Degrades, 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;
- Pursuant to Board Resolution 2010-10-13.08: No posts will be permitted that reference any member of the SWAPA staff in a derogatory manner. All posts referencing staff in a derogatory manner will be removed.
- Abuses, defames, deceives, defrauds, harasses, stalks, threatens, or otherwise violates others' legal rights, including but not limited to rights of privacy and publicity
- Infringes on the patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, spam, surveys, contests, pyramid schemes, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of a party’s software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to a party’s data or other information; or
- Impersonates any person or entity, including, but not limited to a fellow member or an employee or representative of SWAPA.
- Using the Site in any way that is counter to its intended purpose, including, but not limited to mining, scraping or capture of data contained herein through repetitive or automated means; and
4. Your Indemnity Obligation
5. Member Account and Password
For those of you who are also members of SWAPA in good standing, you may access certain sections in the Site reserved for members only by using your account login and password. You agree to keep confidential your account login and password, and to not transfer or share your account login and password with anyone. You agree to be responsible for any and all acts or omissions through the use of your account login and password.
6. Links to Third Party Sites
7. Interactive Services
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our organization’s purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communications that are blocked, or for any unsolicited communications that are not blocked.
8. Intellectual Property Information
Copyright (c) 2021 SWAPA -- All Rights Reserved.
You acknowledge and agree that all content presented to you on the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of SWAPA and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without our prior written permission or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the content appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal and/or civil penalties.
Neither we nor our Affiliates warrant or represent that your use of content displayed on, or obtained through, the Site will not infringe the rights of third parties. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
9. Unauthorized Use of Materials
While you retain all rights in the communications or materials you submit to the Site or to us, you grant us and our agents and Affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We respect the intellectual property of others, and we ask you to do the same.
If you or any user of the Site believes its copyright, trademark or other property rights have been infringed by a posting on the Site, you or the user should send a written notification to our Designated Agent (as identified below) immediately. To be effective, the written notification must:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed
- Identify the material that you claim is infringing the copyrighted work listed above
- Provide your contact information, including address, phone number and email address
- Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Be signed by you; and
- Be sent to our Designated Agent:
Southwest Airlines Pilots Association
Attn: Office of the General Counsel
1450 Empire Central, Suite 737
Dallas, Texas 75247
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act. All inquiries not relevant to this Section 9 will receive no response.
10. Disclaimer of Warranties
All materials and services on the Site are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, or (d) the quality of any products, services, or information obtained by you from the Site from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.
This Site could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the materials and services at this Site, at any time without notice. The materials or services at this Site may be out of date, and we make no commitment to update such materials or services.
The use of the services or the downloading or other acquisition of any materials through this Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities. You further understand and agree that we have no control over linked sites, and therefore, we are not responsible or liable for any delays and disruptions to linked sites.
11. Limitation of Liability
In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Site or of any website referenced or linked to from this site.
12. International Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from international locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
13. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your access to this site immediately ceases, and we shall not responsible or liable for maintaining or storing any information or materials related to your account. In addition, we shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of Site use or any other actions taken by us in connection with such termination or suspension of Site use.
14. Governing Law
This Site (excluding any Linked Sites) is controlled by us from our offices within Dallas County, Texas. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Dallas County, Texas, by accessing this Site both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within Dallas County, Texas.
All notices to a party shall be in writing and shall be made via conventional mail. Notices to us must be sent to the attention of the General Counsel at Southwest Airlines Pilots Association, 1450 Empire Central, Suite 737, Dallas, Texas, 75247. Notices to users in general may be broadcasted through the Site, and such broadcasts shall constitute notice to you at the time of sending. Notices to individual members may be sent to the address we have on file.
16. Entire Agreement
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, act of God, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.