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.