Terms of Use
As used herein, the term “Live Chat” refers to the web chat messaging service available on the Association of Professional Flight Attendants (“APFA”) website, regardless of the platform (e.g., iMessage ®, Twitter ®, APFA website, etc.) used to access it. As used herein, the term “User” means you as a person with authorized and lawful access to the APFA website/Live Chat.
All use of the APFA website, including but not limited to password-protected portions as well as use of Live Chat and other forms, is subject to these Terms of Use. By accessing the APFA website and/or Live Chat, you agree to be bound by these Terms of Use. The General Terms and Conditions set forth below apply to all aspects of the APFA website, including Live Chat. Specific Terms and Conditions applicable to Live Chat are also set forth below. If at any time you do not agree with these Terms of Use, please exit the site.
General Terms and Conditions
Members Only: Access to password-protected portions of the APFA website is restricted exclusively to authorized members of APFA and those individuals to whom APFA has expressly granted access (e.g., APFA staff and consultants). Unauthorized users, including personnel from American Airlines, any other airline, or the general public are expressly prohibited from accessing any of the password-protected portions of the APFA website or the information contained on the password-protected portions of the APFA website for any reason. Use by any others that is not specifically granted by APFA is strictly prohibited and may result in legal action.
Password Protection and Accountability: Each User is responsible for any and all activities occurring under their account. Each User is also obligated to take reasonable precautions to secure User’s password against dissemination to others. If a User learns that User’s password has come into possession of someone else, the User should immediately change User’s password. User also must promptly inform APFA so that the APFA website can be secured against unlawful access. Authorized Users may not delegate, assign, grant, transfer, or share access to the APFA website to any other person or entity, and may not share, provide, grant, or transfer access credentials, including passwords, to any other party, regardless of whether the other party is an authorized User or not.
Impersonation: User will not impersonate any other person or entity while using the APFA website and will not assist anyone without lawful access to the APFA website in accessing or using those password-protected areas of the APFA website.
Services Disruption: APFA is not responsible or liable for any service or network disruption to the APFA website or Live Chat. A User will not disrupt the flow of communications to or from or adversely affect the performance or availability of the APFA website or Live Chat to other Users. Each User will take reasonable precautions to avoid the transmission of computer viruses to the APFA website and/or Live Chat.
Prohibited Conduct: There are various places on the APFA website that allow for submission of forms or text, and Live Chat allows for conversations/discussions with APFA representatives. User acknowledges that submissions and conversations should be professional and respectful. User understands that certain activity or conduct is prohibited and may result in suspension or termination from Live Chat and/or APFA website services, or legal (civil and/or criminal) action. Prohibited activity and conduct that may result in termination of Live Chat discussion, User suspension or termination from Live Chat and/or APFA website services, or legal (civil and/or criminal) action, includes but is not limited to:
- Bullying and/or trolling behavior. Discussions or posts about particular members, APFA employees, staff, or agents, that are meant to or which actually unlawfully target, harass, intimidate, threaten, or bully are inappropriate for this forum and are prohibited.
- Users may not make statements which constitute unlawful harassment or hate speech, promote unlawful discrimination, or which are otherwise inappropriate about another person or group of people based on, but not limited to, age, marital status, religion, national origin, disability, military status, alienage, citizenship, race, color, creed, gender, gender identity, disability, political affiliation, sex, sexual orientation, domestic partnership, pre-disposing genetic characteristic, carrier status, or any other protected category under federal, state and/or local laws and regulations.
- Users may not make defamatory statements.
- Users may not upload, share, or distribute any content that is obscene, unlawful, or indecent.
- Users shall not discuss another APFA member’s or APFA employee, representative, staff, or agent’s private texts, emails, photos, videos, or other communications without the express permission of that individual.
- Uploading of viruses, code, software or other programs that may interfere with the operation of the APFA website or Live Chat is prohibited.
- Impersonating another member or User is prohibited. Users shall not complete forms or start discussions under the name of anyone other than yourself.
Availability and Changes to Terms: APFA reserves the right to change or amend these Terms of Use, in whole or in part, without notice and without liability. User is responsible for regularly reviewing the Terms of Use. Use of the APFA website indicates User’s agreement with the Terms of Use. Users who disagree with the Terms of Use should not use the APFA website or Live Chat. APFA reserves the right to cancel, interrupt, suspend, or terminate all or part of the APFA website or Live Chat with or without notice.
Choice of Law and Arbitration Clause: The APFA website is remotely accessible throughout the United States and the world. By accessing this site, you agree to be subject to Texas law and agree to be subject to personal jurisdiction in Tarrant County within the State of Texas. Users are required to submit any claims, controversies, disputes, or disagreements against APFA regarding use of the APFA website and/or Live Chat to mandatory and binding arbitration. Any disputes arising out of the use of the APFA website or Live Chat will be governed by Texas law regardless of any conflict of laws, and, in the event any claim or dispute shall be filed in a judicial setting, may only be filed in Tarrant County, Texas.
Indemnification: User agrees to indemnify, defend, and hold APFA harmless from and against any and all claims, demands, proceedings, grievances, arbitrations, suits and actions (including appeals), including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including reasonable attorneys and arbitrator fees), and costs (collectively, “Claims”), based on, arising out of, or resulting from your use of the APFA website and/or Live Chat, including without limitation any Claims alleging facts that, if true, would constitute your breach of the Terms of Use and/or any General or Specific Term and Condition.
If you do not agree with these Terms of Use, please exit the APFA website/Live Chat now.
Specific Terms and Conditions for the Use of Live Chat
APFA has implemented a Live Chat to aid Flight Attendants with issues they may have regarding Scheduling or other issues with the Collective Bargaining Agreement with American Airlines. By accessing Live Chat on any platform, including but not limited to iMessage ®, Twitter ®, or the APFA website, Users agree to be bound by these Specific Terms and Conditions for its use.
Users may end discussions at any time. Even if ended, conversations may be saved by APFA pursuant to the terms in the Privacy Policy or as required by law or the APFA Constitution and/or Policy Manual. APFA is not responsible for archiving or maintaining a record of any or all discussions in Live Chat but reserves the right to do so solely at its discretion.
APFA reserves the right to limit access to Live Chat or create sub-sections of Live Chat for specific Users or User groups if needed to comply with representational or other legal responsibilities. APFA does not guarantee access to Live Chat and is not responsible or liable for any service or network disruption to Live Chat.
While Live Chat is staffed by APFA representatives, User acknowledges and understands that American Airlines may disagree with or challenge any position taken by APFA in a specific instance or situation and therefore APFA does not warrant or otherwise guarantee the information, advice, or content provided on Live Chat.
APFA has no control over or responsibility for websites or links not under its control. Clicking on an outside link is done at User’s own risk. APFA is not responsible for any content, activity, or consequences for following outside links. User is solely responsible for any user policies, restrictions, activity, or content of outside links.
APFA reserves the right to terminate Live Chat discussions consistent with its need to comply with APFA’s legal and contractual obligations, or to terminate any discussions that create safety risks, encourage illegal behavior, defame, harass, bully, or which exhibit or promote behavior prohibited by these Terms of Use, or which is otherwise prohibited by law. By using Live Chat, you agree to comply with these Terms of Use and these Specific Terms and Conditions. Failure to comply with these Terms of Use and these Specific Terms and Conditions may result in: (1) termination of Live Chat discussion, (2) User suspension or termination from Live Chat, or (3) legal (civil and/or criminal) action.
If you do not agree with these Terms of Use or these Specific Terms and Conditions, please exit the APFA website/Live Chat now.