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Usage Agreement
We thank you for visiting North American Airlines’ web site, www.flynaa.com, and any other web site owned and operated by or on behalf of North American Airlines. We hope our site enables you to “get to know us” better and its content provides you with a great travel experience. Your use of the North American Airlines’ sites and our Company Information is subject to these terms and conditions, and by using our web site, you agree to the terms and conditions set forth in this Usage Agreement (“Agreement”). North American Airlines reserves the right to change these terms and conditions without notice. Ownership of Company Information Information concerning North American Airlines and its services, including, but not limited to, flight schedules, fares, text, graphics, button icons, logos and information concerning the status of North American Airlines' flights, etc., is referred to as “Company Information.” North American airlines owns, or has licensed, all copyrights, trademarks, service marks and trade names related to the Company Information and the Company Information is proprietary to North American Airlines. Terms and Conditions of Use North American Airlines' web sites and any Company Information is available to you only to become more informed about, or to purchase, North American’s services and products. You may use the North American Airlines' web sites and any Company Information only for personal, non-commercial purposes. Except in connection with your authorized use of the North American Airlines' web sites, you may not copy, modify, display, license, distribute, transmit, or download the Company Information without North American Airlines’ written consent. You may not use any “deep-link,” “page-scrape,” ”robot,” ”spider” or other automatic device, program, algorithm or methodology which does the same things to access, acquire, copy or monitor any portion of the North American Airlines’ web sites or any Company Information. Any use of the North American Airlines' web sites which results in the depletion of web site infrastructural resources is not authorized. When you use the North American Airlines' web sites or Company Information for an authorized purpose, you should include all proprietary notices without changing or hiding them. As a condition of your use of the North American Airlines' web sites, you promise that you will not use the North American Airlines' web sites or Company Information for any purpose that is unlawful or prohibited by these terms and conditions. Privacy North American Airlines is concerned about your right to privacy. When you visit the North American Airlines' web sites, you can be assured that any information you share with us will be treated with the utmost of confidentiality and will not be disclosed to any entity outside of North American Airlines except in accordance with, and as described in, our “Privacy Policy”. Links to Other Sites The North American Airlines' web sites may have links to web sites which are not operated, controlled or maintained by North American Airlines. While we try to only provide links to those web sites which are in good taste and not offensive to visitors of the North American Airlines' web sites, North American Airlines is not responsible for the content of such web sites and cannot guarantee that such web sites will not change without our knowledge. Inclusion of such links in North American Airlines web sites does not imply North American Airlines’ endorsement or approval of the linked sites or their content. Liability Disclaimer THE CONTENT AND COMPANY INFORMATION FOUND ON NORTH AMERICAN AIRLINES' WEB SITES IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY CONCERNING THE INFORMATION, SERVICES, OR PRODUCTS OFFERED OR PROVIDED THROUGH, OR IN CONNECTION WITH, NORTH AMERICAN AIRLINES’ WEB SITES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL NORTH AMERICAN AIRLINES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF NORTH AMERICAN AIRLINES’ WEB SITES OR WITH THE DELAY OR INABILITY TO USE NORTH AMERICAN AIRLINES’ WEB SITES, OR FOR ANY INFORMATION (INCLUDING COMPANY INFORMATION), SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH NORTH AMERICAN AIRLINES' WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE NORTH AMERICAN AIRLINES' WEB SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NORTH AMERICAN AIRLINES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION, WITH RESPECT TO THESE TYPES OF DAMAGES, MAY NOT APPLY TO YOU. This disclaimer of liability applies to any damages or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Booking Terms In addition to the Terms and Conditions and Liability Disclaimer expressed above, should you choose to book travel, (purchase air travel tickets), on North American Airlines’ “www.flynaa.com” web site, these additional payment terms and conditions apply. You confirm that you are at least 18 years of age, possess the legal authority to make a booking and use your selected method of payment. The travel services promoted through the “booking.flynaa.com” web site are an invitation to you to purchase air travel. Your booking represents an offer to contract with North American Airlines which is not accepted until an email is sent to you by us confirming the booking. The booking details are those set out in our email to you. You should check them carefully and contact us immediately if you feel there is any discrepancy between our confirmation and your booking. In making the booking, you agree that the information you have provided is accurate at the time you have given it. Where you have allowed another to use the selected method of payment, you remain responsible for that payment. You, the individual placing the booking, are responsible for:
You may use the “booking.flynaa.com” site only for your own personal use. You are not permitted to copy or use any material on this site other than incidentally in the process of viewing the site or making a booking. Information on this site is provided by others and not directly by North American Airlines. Consequently, North American Airlines is not responsible for its accuracy. Reasonable endeavors will be used to update or correct any information once any inaccuracy is brought to our attention. North American Airlines reserves the right at any time and at its sole discretion to: change, delete or move any of the materials on the “booking.flynaa.com site, suspend or terminate your use of the site or deny you access to it. Copyright and Trademarks North American Airlines and/or “booking.flynaa.com” services referenced on the site are either trademarks or registered trademarks of North American Airlines in the United States and/or other countries. All other company and product names mentioned on the “booking.flynaa.com” web site may be the trademarks of their respective owners. All the databases, designs, images, graphics, software compilations, underlying source code, software (including applets) and all other copyright protected materials are the copyright of North American Airlines or its affiliates or their content and technology providers. No part of the “booking.flynaa.com” web site may be reproduced in any other form whether electronically or otherwise, nor may it be modified, distributed or republished, without the prior written consent of North American Airlines. However, you may temporarily reproduce part of the “booking.flynaa.com” web site to keep a record of a transaction entered into using the “booking.northamricanair.com” web site. Forum for actions, governing law, and procedural restrictions You agree that this Agreement is made and entered into in Queens County, New York. You agree that New York law governs this Agreement's interpretation and/or any dispute arising from your access to, dealings with, or use of the web sites, without regard to conflicts of law principles. Any lawsuit brought by you related to your access to, dealings with, or use of the site must be brought in the state or federal courts of Queens County, New York. You agree and understand that you will not bring against North American Airlines, Inc., 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 the web sites. Additional Terms This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the North American web sites. Of course, separate agreements, such as the Conditions of Carriage, may attach to any goods, products, or services you obtain, purchase, or use from the web sites. Any failure of North American Airlines to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision. |
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