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Thank you for visiting the Delta Pet Airways web site titled "deltapetairways.com" (the "Site"). In return for gaining access to the Site and using it, your company ("you") agrees to be bound by the following Agreement without limitation or qualification, so please carefully review this Agreement before proceeding. If you do not intend to be legally bound by these terms and conditions, do not access and use the Site. Delta Pet Airways reserves the right to change this Agreement and to make changes to any of the products or programs described in the Site at any time without notice or liability. Any such revisions are prospectively binding on you and therefore you should periodically visit this page when you use the Site to review the then current Agreement that binds you. Delta Pet Airways also reserves the right in its sole and unfettered discretion to deny you access to the Site at any time. Delta Pet Airways enters into agreements with third parties from time to time to provide our customers with the opportunity to obtain special services, products or prices offered by the third party. You will not be deemed to be violating this agreement when acting in accordance with the terms and conditions of any such program. Likewise, the terms and conditions in this agreement will be considered broadened to the extent needed to permit such third parties to operate within the terms of a written agreement they have entered into with us. The titles in this Agreement are provided only for your convenience and are not to be used in interpreting the Agreement.
Unless otherwise noted, all information, deltapetairways.com account information, text, articles, data, images, passwords, screens, Web pages, or other materials (collectively "Content") appearing on this Site are the exclusive property of AMR Corporation, Delta Pet Airways, Inc., or their subsidiaries and affiliates:
By using this Site, you represent and warrant that you are 18 years of age or older and possesses the legal right and ability to enter into this Agreement and to use this Site in accordance with all of this Agreement's terms and conditions. You are financially responsible for all use of this Site under your name or account, including without limitation all uses of your account by others, including minors living with you. You may only allow other members of your household to use this Site under your name or account if you agree to pay all charges that they incur and to be responsible for all other aspects of their usage. You further agree to supervise all minors who use this Site under your name or account. You agree not to assign, transfer, or sublicense your rights pursuant to this Agreement.
You agree to indemnify, defend, and hold harmless Delta Pet Airways and its affiliates from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants' fees and disbursements) and costs (collectively, "Claims"), based on, arising out of or resulting from your use of the Site, including without limitation any Claims alleging facts that if true would constitute your breach of this Agreement except to the extent that the Claims are caused by Delta Pet Airways negligence or willful misconduct.
Delta Pet Airways provides this Site solely to permit you to determine the availability of flight related goods and services and to make legitimate reservations or otherwise transact business with Delta Pet Airways, and for no other purposes. This Site is for your personal, non-commercial use. You may not copy, create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through this Site. Delta Pet Airways forbids such uses, and access for any such purpose is an unauthorized use of this Site.
You agree that without limitation you shall not make any false or speculative reservation or any reservation in anticipation of demand. If Delta Pet Airways determines that you have confirmed reservations to one or more destination on or about the same date, Delta Pet Airways may without notice cancel all confirmed space associated with the multiple reservations. You agree that the services of this Site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You agree to abide by the terms or conditions of purchase Delta Pet Airways imposes including, but not limited to, payment of all amounts when due and compliance with all rules regarding availability of fares, products, or services. You are completely responsible for all assessments, charges, duties, fees, and taxes arising out of your use of this Site.
Your account information is owned by and proprietary to Delta Pet Airways. While you may access your account information through the Site, you may not give access to your account to any person or entity other than a member of your household or a person that you directly supervise as part of your career or employment. You may not give access to your account to any third party online service, including, but not limited to any tracking service.
You must access your account information directly through the Site and not through a third party Web site, including but not limited to any tracking service. You also violate this Agreement if you enable any deltapetairways.com customer to access account information without visiting the Site.
You agree that you will not Misuse this Site. "Misuse" includes, but is not limited to, utilizing the Site to do any of the following:
Delta Pet Airways reserves the right to deny you access to this Site at any time and for any reason.
The information, products, services, and software (collectively "the Content") contained on or used in this Site may contain inaccuracies and/or typographical errors. Delta Pet Airways may alter, change, or improve the Content at any time and without notice. Delta Pet Airways makes no representations or warranties as to the Content's completeness or accuracy, and makes no commitment to update the Content. Delta Pet Airways makes no representations about the Content's suitability for any purpose.
YOU USE THIS SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR TITLE. IN NO EVENT SHALL Delta Pet Airways OR ITS AFFILIATED COMPANIES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THIS SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THIS SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER Delta Pet Airways WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. Some jurisdictions do not allow the exclusion of implied warranties or consequential or incidental damages, so portions of the above exclusions may not apply to you.
Delta Pet Airways neither warrants nor represents that your use of information and material on this Site will not infringe upon the intellectual property rights of third parties. Delta Pet Airways shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading from the Site any audio, data, images, materials, pictures, text, or video.
Because Delta Pet Airways provides services and products in many parts of the world, this Site may refer to certain goods, products, and/or services that are not available in your area. A reference to goods, products, and/or services without limiting their geographic scope does not imply that Delta Pet Airways offers or intends to offer those goods, products, and/or services in all locations.
For use of certain services, we may provide you with a password. You must take precautions to insure the security of your password. While Delta Pet Airways takes reasonable steps to safeguard and to prevent unauthorized access to your private information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, expressed, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL Delta Pet Airways OR ITS AFFILIATED COMPANIES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER Delta Pet Airways WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. Some jurisdictions do not allow the exclusion of consequential or incidental damages, so portions of the above exclusions may not apply to you. Although your individual circumstances may call for additional security precautions regarding your password, you may, at your own risk, choose to adopt the password suggestions we have provided solely for your convenience.
The information on this Site does not constitute an offer to sell, or the solicitation of an offer to buy any securities and must not be relied upon in connection with any investment decision.
This Site may provide hyperlinks or references to other sites. While Delta Pet Airways endeavors to provide links only to those sites that are reputable and safe, we cannot be held responsible for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. Delta Pet Airways provides any such links to other sites merely for your convenience and our inclusion of such links and frames in this Site does not imply an endorsement of the linked or framed sites or their content. Therefore, you assume sole responsibility for using links or pointers to third parties.
Delta Pet Airways specifically denies you permission to hyperlink or provide references to this Site, unless you are allowed to do so under a separate written agreement. You are also denied permission to use any trademarked or copyrighted material to provide such hyperlinks or references, unless you are allowed to do so under a separate written agreement. Delta Pet Airways bears no responsibility for sites that provide hyperlinks or references to this Site unless those sites are operated by Delta Pet Airways.
Delta Pet Airways has no obligation to refrain from publishing, reproducing, or otherwise using your communications in any way and for any purpose.
Delta Pet Airways does not accept or consider unsolicited proposals related to its business, including but not limited to proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies. Delta Pet Airways therefore requests that you not send such proposals. Please also refrain from sending original creative artwork, blueprints, demonstratives, designs, layouts, photographs, or samples. Delta Pet Airways has adopted this policy to prevent claims that we have copied such unsolicited ideas without authorization, when, in fact, we developed the idea independent of or even long before receiving the unsolicited proposal. If you do send us unsolicited proposals, then do so with the understanding that Delta Pet Airways may use any concepts, ideas, inventions, know-how, or techniques that you disclose in those communications for any purpose, including the developing, manufacturing, and/or marketing of goods, products, or services.
Comparison monitoring of online chats or telephone conversations with Delta Pet Airways
This Site may provide you the ability to have an online chat session with Delta Pet Airways or with telephone information by which you can contact Delta Pet Airways. For quality assurance purposes, Delta Pet Airways may monitor and/or record the contents of these communications. By contacting Delta Pet Airways, you understand that the communication may be monitored and/or recorded and you consent to the monitoring and/or recording.
You agree to use any bulletin boards, chat rooms, conferences, or other communication or message facilities ("Forums") contained on this Site only to send and receive material and messages that are proper and related to the particular Forum. You further agree that you will use the Forums in conformity with all applicable laws and this Agreement. You agree that you will not Misuse a Forum.
Delta Pet Airways reserves the right to remove at will and without notice any Content on this Site, including anything you post in a Forum. You understand that any use by you of a Forum constitutes a public communication. You understand that Delta Pet Airways owns any and all information or material that you post on a Forum. You agree that you waive all of the rights you have to any information or material that you post on a Forum. Delta Pet Airways has the right to treat that material as it deems appropriate, including but not limited to editing for any reason any posting by you. You further acknowledge that Delta Pet Airways does not endorse or sponsor any information or material posted by Forum users, and that Delta Pet Airways has no responsibility to approve, review, or screen such information or material.
You agree that this Agreement is made and entered into in Tarrant County, Texas. You agree that Texas law governs this Agreement's interpretation and/or any dispute arising from your access to, dealings with, or use of this Site, without regard to conflicts of law principles. Any lawsuit brought by you related to your access to, dealings with, or use of this Site must be brought in the state or federal courts of Tarrant County, Texas.
This Agreement constitutes the entire agreement governing your access to, dealings with, and use of this Site. Of course, separate agreements may attach to any goods, products, or services you obtain, purchase, or use from this Site. In the case of a conflict between this Agreement and any agreement specific to any goods, products, or services that you obtain, purchase, or use from this Site, the terms of the specific agreement shall govern.
Any failure of Delta Pet Airways 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.