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The AAdvantage eShopping℠ program (the "Program") and website are owned by American Airlines, Inc. ("American"), and managed and operated for American by Cartera Commerce, Inc. ("Cartera Commerce"). The Program enables members of the American Airlines AAdvantage℠ program to earn AAdvantage Miles ("Miles") for qualifying purchases made through the website, located at www.aadvantageeshopping.com (the "Site"), and with participating off-line merchants.
You represent that you are a person of legal age in the state in which you live (generally at least 18 to 21, depending on the state) and are a legal resident of the United States or its territories. We may ask you to provide us with certain information as part of the Program shopping process. You agree that it is your responsibility to keep your AAdvantage eShopping℠ Member information current, complete and accurate by periodically updating your information in the appropriate section of the Site.
Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) for so long as you participate in the Program and adhere to this Agreement, to access, participate in and use the Site. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement.
There is no fee to enroll in the Program. Some of the businesses that participate in the Program by awarding Miles in connection with your purchases at or with those businesses (each a "Participating Merchant") may charge fees with respect to some of their offers related to the Program. Any such fees will be disclosed in the description of those Participating Merchants' offers, and each Participating Merchant reserves the right to change such fees or institute new or additional fees in the future.
You agree to comply with this Agreement, and all other policies and rules as set forth in Program materials, including materials of Participating Merchants, either in print or on the Site (collectively, the "Policies"). The Policies, including any amendments that may be made from time to time, are hereby incorporated by reference into this Agreement. We may modify this Agreement or the Policies at any time. This Agreement and the Policies as so amended are posted on the Site, and your continued use of the Program thereafter will constitute acceptance of any such amendment.
AAdvantage eShopping℠ Member Obligations
5. No Unauthorized Use of the Network
You agree that you will not, and will not permit others to:
6. You will maintain the confidentiality of the User Names and Passwords by which you access the Program, and will allow access to the Program only by authorized persons, and not by any Program, expert system, electronic agent, "bot" or other automated means. Any use of your assigned User Names or Passwords will be deemed to be your use. If there is a breach of security through your account, you will immediately change your Password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your User Name and Password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Program that would damage, interfere with or unreasonably overload the Program. You acknowledge that neither American nor Cartera Commerce will contact you to solicit your User Name or Password.
7. Community Standards
By using the Site, you are voluntarily becoming a member of a community which depends on the goodwill and responsible behavior of each of its members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the Site, our employees, contractors or agents, a Participating Merchant, or other members. This includes communications by means of social media or other Internet posts which violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice.
8. Discontinuation or Suspension of Use
We may, in our sole discretion, at any time and without prior notice:
We reserve the right to cancel or change the AAdvantage eShopping℠ Program at any time without notice. We may endeavor, but will not be obligated, to notify you of changes or cancellation but disclaim responsibility for failure to do so or any errors in attempting to contact you.
Participating Merchant Offers and Award of Miles
9. Mileage Awards
In order for us to award Miles to you for participation in the Program on the Site, you must follow certain guidelines to create a "Qualifying Purchase".
We cannot award AAdvantage Miles for any purchase made through a third party retailer or other merchant that may be linked to a Participating Merchant's website. If you are in doubt about whether or not you are in a valid session you should reenter the www.aadvantageeshopping.com website and then click on the Participating Merchant that you wish to shop at, and then complete your transaction.
You should read each mileage offer carefully as Participating Merchants may impose conditions or restrictions different from, or in addition to, those described on the Site or in other promotional materials. Miles are awarded based on the price of goods or services purchased, excluding shipping, applicable taxes and any special handling fees. We are not responsible for setting or maintaining the number of the Miles awarded by any Participating Merchant in connection with a Qualifying Purchase or for the requirements of any Participating Merchant's program or offer. Each Participating Merchant has reserved the right to change at any time, and without notice, the number of Miles offered as well as the terms and conditions of any Qualifying Purchase. Your continued use of the Program thereafter will constitute acceptance of such terms and conditions. We do not represent or warrant that any particular Participating Merchant will participate in the Program at the time you join the Program or at any time thereafter. For the purposes of this Agreement, a purchase is a "Qualifying Purchase" once all conditions in a Participating Merchant's offer with respect to that purchase, including any waiting periods, have been satisfied.
10. The Program Account
11. No Responsibility for Participating Merchants
You agree that we are not agents of any Participating Merchant and that Participating Merchants operate independently of, and are not under our control with respect to the Program or otherwise. Accordingly, we do not represent or warrant, or give any assurances, that any Participating Merchant will provide Miles for any particular transaction even where such transaction would appear to qualify for such a mileage award under Participating Merchant statements. Further, your participation in offers or promotions of, or correspondence with, any Participating Merchant is solely between you and that Participating Merchant. We do not assume any liability, obligation or responsibility for any part of any such correspondence, offer or promotion, including without limitation the withdrawal or modification of any such offer or promotion. Also, no Participating Merchant assumes any liability, obligation or responsibility for our conduct with respect to the Program.
12. Merchant Rewards (Online Affiliates, Off-Line Stores & Other Companies)
We reserve the right to modify any mileage award offer at any time without notice.
13. Returning and Rescinding Miles
In our sole discretion, we may deduct Miles from your Program Account in order to make adjustments for returns and cancellations with respect to Qualifying Purchases. In the event that you have redeemed Miles from your AAdvantage Account and subsequently reverse the transaction with a Participating Merchant that generated such Miles, or otherwise are required to return the Miles to the Participating Merchant pursuant to the terms of the applicable offer. We reserve the right to rescind Miles and to bar further mileage awards to, or terminate the AAdvantage eShopping℠ membership of, any AAdvantage eShopping℠ Member that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding mileage award has been credited, or creating or attempting to create or participating in any market in Miles, or engaging in or accepting any broad-based solicitation of Miles.
14. Account Adjustments
In the event of any abusive or fraudulent activity related to the Program, as determined by us in our sole discretion, we reserve the right to make any adjustments to your Program Account or AAdvantage Account at any time. Any such adjustments, however, will be made in accordance with this Agreement, the AAdvantage program rules, the Policies, any applicable laws, rules or regulations, and the terms of any Participating Merchant offers.
Use of Information
15. Use of Information
You acknowledge that in order to administer the Program, we will collect information about you and your purchases from Participating Merchants.
As part of the AAdvantage eShopping℠ process we will ask for:
This information is necessary to successfully track and post AAdvantage Miles earned for qualifying purchases in the Program to a member's AAdvantage account. The email address may be used for electronic communications to inform you of successful mileage postings. It is your responsibility to ensure that the information you provide to us is accurate and complete each time you shop and will not be false or misleading.
Anti-Spam and Anti-Fishing Policy
American prohibits the use of the Program in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("spam"). Further, the Program may not be used in any manner to facilitate the transmission of unsolicited or unauthorized material, including e-mails, promotional materials, URLs, chain letters, pyramid schemes, or any other form of unauthorized solicitation. Phishing, harvesting, mining, or collecting e-mail addresses or other information from the Program is also strictly prohibited. American may immediately, in its sole discretion and without notice, take such action as it deems appropriate to block messages from a particular domain, mail server or IP address engaging in spamming and phishing activities. Failure to enforce this policy in every instance does not amount to a waiver of American's rights.
Reservation of Right to Change the AAdvantage Program
16. Awards accrued via the Program are subject to all the rules and conditions of the American Airlines AAdvantage program, which can be found at www.aa.com. Any violation of this Agreement or the rules and conditions of the American Airlines AAdvantage program can result in cancellation of your Program Account, AAdvantage Account and/or forfeiture of pending or prior mileage awards.
17. Termination; Expiration or Forfeiture of Program Accounts
18. Certain Disclaimers; Indemnification
(i) THE PROGRAM AND SITE ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY MATERIALS RELATED TO THE PROGRAM OR SITE AND DO NOT WARRANT THAT THE FUNCTIONALITY OF SUCH SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SUCH SERVICE OR THE SERVER(S) THAT MAKE(S) IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. (ii) THE SITE AND THE PROGRAM MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, OR RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, NEITHER AMERICAN NOR CARTERA COMMERCE WARRANTS, GUARANTEES OR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS PARTICIPATING MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE SERVICE.
(i) any failure to screen users or AAdvantage eShopping℠ Members; (ii) acts or omissions of any users or AAdvantage eShopping℠ Members;(iii) materials posted by, or of, any party other than American, Cartera Commerce or any use thereof; (iv) the accuracy, dependability, privacy, security, authenticity or completeness of data transmitted over or obtained using the Internet; or (v) any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond its reasonable control, including the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, failure or erratic behavior of telecommunications or power system, sabotage, armed hostilities, riots or government regulation of the Internet.
19. Limitation of Liability
20. Electronic and Oral Communications
One Cranberry Hill
Lexington, MA 02421
Attn.: AAdvantage eShopping℠ Customer Support
or any other address of which either party hereto may from time to time notify the other in accordance with this Section 19(c). All notices will be in English and will be deemed effective on the date of personal delivery, upon confirmation of email transmission, upon signed receipt from an overnight courier, or five days after deposit with the U.S. Postal Service.
The design, content and subject of this Site are copyright © 2014 American Airlines, Inc.
AmericanAirlines℠, AAdvantage℠, and AAdvantage eShopping℠ are marks of American Airlines, Inc. All other referenced trademarks are owned or licensed by the respective parties.