Terms and Conditions

 

You must agree to the following terms and conditions of use before you access or otherwise use or participate in the online community, currently known as United Insights (the “Community”).  Your use of this web site (the “Site”) and participation in the Community constitutes your agreement with United Airlines, Inc., its wholly owned subsidiary, Mileage Plus Holdings, LLC and their affiliates (collectively, “United”) to be bound by, and to act in accordance with, these terms and conditions (the “Terms and Conditions”).

 

Notification of Changes

 

United may change or revise these Terms and Conditions at any time in its sole discretion by updating this posting.  You shall be responsible for remaining knowledgeable as to the Terms and Conditions.  Please visit the Terms and Conditions area each time you visit the Site to keep up to date with the current Terms and Conditions regarding your use of the Site and participation in the Community.  Your use of the Site reaffirms your continuing agreement to the Terms and Conditions.  Any future changes to these Terms and Conditions will be posted on the Site. The most current Terms and Conditions may be found on the Site and this is the final authority on the Terms and Conditions.  United may also terminate the Community at any time in its sole discretion.

 

Confidentiality

 

Your invitation to participate in the Community is personal and non-transferable. Your participation is confidential. In connection with your participation in the Community United may disclose to you proprietary or confidential information, including these Terms and Conditions and other business information concerning United (“Confidential Information”).  Confidential Information includes information that, given the nature of United’s business, a reasonable person would consider such information confidential.  Confidential Information shall also include any ideas, opinions or information generated in the Community by you or other members of the Community.  Such Confidential Information will be confidential and proprietary regardless of whether or not marked “confidential” or “proprietary”.  All Confidential Information expressed inside of the Community must remain inside of the Community.  You shall hold all Confidential Information in strict confidence and shall not disclose, sell, transfer, publish, display or otherwise make available any Confidential Information to any third party except as permitted inside the Community.  You shall not use the Confidential Information for any other purpose than as expressly provided in the Community or as otherwise agreed to in writing by United.

 

Your Community member name and password are for your use only.  You may not disclose your password to any other person. 

 

You agree to promptly notify United in the event that you have knowledge of any accidental loss or unauthorized access, use, or disclosure of any Confidential Information.  If you breach the confidentiality obligations herein, then United may, among other remedies at law and equity, terminate your participation in the Community immediately.  You acknowledge that any failure by you to maintain the confidentiality of the Confidential Information will have a direct and severe adverse impact on United’s business which will subject United to irreparable harm, and that United may, without jeopardizing any other rights or remedies United may have, seek a court order or injunction without further notice to protect the confidentiality of its information and to halt any unauthorized disclosure thereof.

 

All Confidential Information and any copies thereof, including any materials such as written notes or extracts derived from the Confidential Information, is and will remain the property of United and will be promptly returned to United or destroyed by you upon United’s written request and in any event destroyed by you immediately upon your removal from the Community.

 

Material You Submit to the Community 

 

All comments, suggestions, graphics, pictures, ideas (including product and advertising ideas), and other information or materials you submit to United through the Site will become and remain the exclusive property of United, including any future rights associated with such submissions, even if these Terms and Conditions are later modified or terminated.  This means that you expressly disclaim any proprietary rights in such submissions, and you acknowledge United’s unrestricted right to use such submissions (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person.  It also means that with the exception of your personal information, United has no obligation to keep your submissions confidential.  In addition, United may profit from the comments, suggestions, graphics, pictures, and ideas expressed in the Community without compensating you or any other person for such comments, suggestions, graphics, pictures or ideas.

 

You irrevocably assign to United all rights in any ideas, expressions of ideas, or other submissions that you provide to the Community.  You further release and waive all claims against United with respect to any intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability under the governing law of the United States.

 

Finally, you acknowledge that you are responsible for any submissions you make – in other words, you have full responsibility for the message or other submission, including its legality, reliability, appropriateness, originality and copyright. You represent that any submission you make does not infringe on the intellectual property rights of any person or entity or violate any person’s privacy or publicity rights.

 

Privacy

 

Your participation in the Community may include your providing personal information (including but not limited to name, contact information, birth date or MileagePlus number).  To the extent that you provide United with any of your personal information, United will only use such information in accordance with its published and posted privacy policy, a copy of which is available at www.united.com.  Please note that by agreeing to these Terms and Conditions you agree that, any personal information you submit may be directed to a third party site administered and hosted by a third party vendor retained by United.  In such event, the third party vendor will have no right to use any such information other than to fulfill its contracted services to United in connection with the Community.

 

Code of Conduct

 

You agree not to upload, post or transmit to or distribute or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using the Site, or contain a virus or other harmful component, (ii) violate any United States laws or violate or infringe any rights of third parties (including copyright, trademark, rights of privacy or publicity or any other proprietary right), or (iii) are not appropriate or pertinent to the purpose of the Site or are libelous, defamatory or offensive.  You will agree to abide by the copyrights, trademarks, service marks and other intellectual property and proprietary rights of United.

 

You agree to abide by these rules of conduct; failure to do so may result in your dismissal from the Community in United’s sole discretion:

 

Membership

 

Your membership in and access to the Community is strictly at the discretion of United and may be revoked at any time without cause and without notice. You hereby release United from any and all liability that may arise in connection with your use of the Community

 

DISCLAIMER OF WARRANTY

 

UNITED DOES NOT REPRESENT OR ENDORSE THE CORRECTNESS, ACCURACY, RELIABILITY OR ANY OTHER ASPECT OF ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISTRIBUTED THROUGH THE COMMUNITY, AND RESERVES THE RIGHT TO REMOVE ANY CONTENT FROM THE SITE THAT IT DEEMS INAPPROPRIATE.

 

UNITED AND/OR ITS AGENCIES AND OTHER REPRESENTATIVES ENDEAVOR TO MAINTAIN THIS SITE AND ITS OPERATION, BUT ARE NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE SITE OR ITS OPERATION.  AS TO THE OPERATION OF THE SITE, UNITED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. UNITED MAKES NO WARRANTY THAT: (i) THE OPERATION OF THE SITE WILL MEET THE USER'S REQUIREMENTS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS OR ERRORS; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (iv) DEFECTS WILL BE CORRECTED. YOU (AND NOT UNITED OR ITS AGENTS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS SITE.

 

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES SHALL UNITED AND/OR ITS AGENCIES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR INFORMATION AVAILABLE IN THE SITE. UNITED SHALL NOT BE LIABLE EVEN IF UNITED OR A UNITED-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.

 

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS UNITED, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENCIES, AND OTHER REPRESENTATIVES FROM AND AGAINST ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY AGAINST UNITED DUE OR ARISING OUT OF YOUR USE OF THE SITE OR PARTICIPATION IN THE COMMUNITY AND/OR ANY BREACH BY YOU OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, OR ANY OTHER ACTIVITY RELATED TO THE ACCOUNT YOU CREATED IN CONNECTION WITH YOUR USE OF THIS SITE AND PARTICIPATION IN THE COMMUNITY.

 

Jurisdiction

 

These Terms and Conditions and any disputes arising under or related to these Terms and Conditions  will be governed by the laws of the State of Illinois, USA, without reference to its conflicts of law principles.  You agree to submit to jurisdiction in Illinois and further agree that any cause of action arising under this Agreement may be brought in a court in Cook County, Illinois, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms and Conditions.  You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and Conditions.

 

Pictures

 

As a Community member you will have the option of posting certain content, including pictures or graphics, (“Content”) in the Community as a way to get to know other members and as a way to participate in research projects.  You do not have to share Content to participate in the Community.  However if you do choose to share your Content as a member, you hereby give permission to United, its parent, subsidiaries, affiliates, licensees, successors and assigns, and those acting under their authority, to use your Content in internal and external business presentations and grant United a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on the Site or in connection with the Community.