Terms and Conditions |
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These are the terms and conditions for the Sabre® Community Portal, a central online resource that enables our customers to have single-sign-on access to their solutions and profile-driven information, and to engage in the largest global airline community in the world. As a key part of our Sabre® Community experience, the Sabre Community Portal includes:
These terms and conditions will be presented to you:
By clicking the "I agree" button below or using the Sabre Community Portal services, you acknowledge Your review and acceptance of these terms and conditions between you and your employer (collectively, hereinafter "You" or "Your") and Sabre Inc. and its affiliates (collectively, "Sabre"), the operator of the Sabre Community Portal (hereinafter "the Community Portal" or "Portal") and Your agreement to be bound thereby. If You do not accept this agreement You will not be able to use the Sabre Community Portal. This Member Agreement ("Agreement") contains the entire terms and conditions that apply to your use of the Community Portal Web site(s), and services. This Agreement may be modified from time to time by Sabre by posting modifications on the Sabre Community Portal. Your continued use of the Services after notice of modifications constitutes Your acceptance of the modifications. If You do not agree to the modifications, You should discontinue Your use of the Services. This Agreement supersedes any prior agreements. 1. Purpose of Services and Member Usage The purpose of the Sabre Community Portal is to provide one central online resource to the information training, and applications required necessary to perform your role. Therefore:
2. License Sabre will provide You with a personal, limited, non-exclusive and non-transferable license and access and use the resources, product information, messages, handbooks, tools, reports and other services available through the Portal (collectively, the "Portal Services") in accordance with the terms and conditions of this Agreement. The Portal and Portal Services are the copyrighted property of Sabre and/or its various third party providers. 3. Guidelines for Use Portal Services may be used only for lawful purposes consistent with the purpose for which the Portal Services are provided. You agree to comply with all applicable laws and regulations, including without limitation those related to data privacy, international communications, and exportation of technical or personal data. You agree not to use the Portal Services for any criminal or illegal activities or any activities that might be legally actionable. You agree that while accessing the Portal and using the Portal Services, You will not upload, post or transmit to or distribute or otherwise publish through the Portal any materials which: (a) are unlawful, threatening, harassing or profane, (b) restrict or inhibit any other use from using and enjoying the Portal or the Portal Services, (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You also agree that You will not post or transmit (i) any bulk e-mails, advertisements, solicitations, offers for sale of goods or services, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communications (except as otherwise expressly permitted herein), or (ii) engage in spamming or flooding. 4. Delegated Administration Feature Sabre provides a Customer Delegated Administration feature for the Portal which allows individual(s) (each a "Delegated Administrator") designated by the Company with the ability to perform one or more of the following: (i) manage Company users of the Portal on behalf of Company (including on- and off-boarding employees); (ii) manage Company users' access at the product level that are accessible via the Portal; (iii) determine the Company users' access rights (end user or restricted user); (iv) review and audit the Company's users on a regular basis; (v) edit the existing Company users' accounts as determined appropriate by Company; and (vi) fulfill all of the such duties on a live production site. To be a Delegated Administrator, the Company must have notified Sabre in writing of Your appointment and the specific products You are to oversee on behalf of the Company. If You have been appointed a Delegated Administrator by Company, then You will be provided with administrative access to a production version of the Product available from the Portal (live site). In some cases, such as SabreSonic® Inventory, Sabre will also provide You with administrative access to a CERT (certification) version of the Portal (CERT Site). You are hereby granted a limited, non-exclusive license to access and use the Portal to manage Company users' access and use of the Portal Services. You will only grant access to and permit viewing of the Portal by Company employees, You will not provide access to, or permit previews of the Portal or Portal Services by third party vendors or contractors to Company without Sabre's express prior written consent, which may be withheld in Sabre's sole and absolute discretion. You assume responsibility for all actions taken in your role as a Delegated Administrator. Sabre may terminate Your administrative rights at any time without notice. 5. Passwords If any of the Portal Services requires You to open an account, you must complete the registration process by providing us with current, complete and accurate information as required by the applicable registration form. You may also be required to provide or use a password and a user name. You are responsible for maintaining the confidentiality of Your password(s) or accounts. You will notify us immediately of any unauthorized use of your account or a breach of security. We are not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, You could be held liable for losses incurred by Sabre or another party due to someone else using your account or passwords. 6. Modification of Portal or Portal Services Sabre reserves the right, for any reason, in our sole discretion, to terminate, change, upgrade or suspend any aspect or portion of the Portal or the Portal Services, including but not limited to, content, features, functions or hours of availability. Sabre may impose limits on certain features of the Portal or the Portal Services or restrict Your access to part or the entire Site without notice or penalty. 7. Property Rights You acknowledge and agree that Sabre owns all rights, title and interest in (i) the Portal and the Portal Services and (ii) all copyrights, patents, trademarks and other intellectual property rights therein. The Portal and the content provided in this site and the Portal Services, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of the Sabre, and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. All rights not expressly granted herein are reserved by Sabre. You agree not to copy the layout, design, concept and organization of the Portal and the Portal Services for any purpose or use the Sabre trade names or marks without the express written consent of Sabre. 8. Term, Termination This Agreement shall be effective for as long as You use the Portal Services. Either party may terminate this Agreement with or without cause, upon thirty (30) days written notice to the other party. Sabre may terminate this Agreement or suspend Your access and use of the Portal Services immediately if, based on Sabre's sole judgment, it determines that You have breached this Agreement or the Guidelines established for the use of Portal Services. The termination of this Agreement shall terminate Your access to the Portal and the Portal Services. 9. Export Control Compliance You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Portal any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The export control laws of the United States and other jurisdictions regulate the export of certain technology. This includes email transmission of certain information to foreign countries and foreign nationals. You agree to abide by these laws. 10. Indemnification You will, at Your expense, indemnify, defend and hold us and our employees, agents, successors, directors, officers, subsidiaries, affiliates, and assigns harmless from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney fees) threatened, brought or made by any third party due to or arising out of (i) Your use of the Portal or the Portal Services, (ii) Your failure to comply with any applicable laws and regulations, and (iii) Your breach of this Agreement. We will provide You with prompt written notice of any such claim, allow You to control the defense and settlement of such claim, and will provide You with proper and full information and assistance at Your expense to settle and/or defend any such claim. You agree not to settle any action, claim or demand on our behalf without our prior written consent. We will have the right to participate in the defense and hire counsel of our choice. 11. Disclaimer of Warranties YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE PORTAL SERVICES ARE PROVIDED ON AN "AS IS" BASIS. SABRE AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THE PORTAL, THE PORTAL SERVICES AND/OR ANY MATERIALS PROVIDED ON THE PORTAL. SABRE AND ANY THIRD PARTY PROVIDERS DO NOT WARRANT (I) THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABLITY OF ANY OF THE CONTENT OR DATA FOUND ON THE PORTAL, (II) THE PORTAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR (III) ANY ERRORS IN THE PORTAL WILL BE CORRECTED. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. 12. Limitation of Liability IN NO EVENT SHALL SABRE BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABLITY OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, SALES, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, GOODWILL, OR ANTICIPATE OR LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABLITY TO USE THE PORTAL OR THE PORTAL SERVICES. SABRE'S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT WE ARE GIVEN NOTICE OF THE POSSIBLITY OF SUCH DAMAGES. 13. Assignment You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder without the prior written consent of Sabre. 14. Privacy You have read the Sabre Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Sabre and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Sabre Privacy Policy. 15. Applicable Law and Jurisdiction This Agreement and its performance shall be governed by the laws of the State of Texas, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Tarrant County, Texas, for the litigation and resolution of all questions and controversies arising out of Your access and use of the Portal Services and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to Your access or use of the Portal Services must be filed with the court having proper jurisdiction over such claim or cause of action within two (2) years after the date on which such claim or action arose or accrued. 16. Notices Except as explicitly stated otherwise, all notices permitted or required under this Agreement shall be by e-mail to You at the e-mail address You provide the Portal during registration, which shall be deemed delivered 24 hours after e-mail transmission, and to Sabre Community Portal at Sabre Inc. 3150 Sabre Drive, Southlake, Texas 76092, Attn: General Counsel. 17. Entire Agreement This Agreement constitutes the entire agreement between Sabre and You with respect to the Portal and the Portal Services, and supersedes all prior agreements related thereto. No oral statements, promises, or agreements will alter the terms of this Agreement. If any provision of this Agreement is held unenforceable, the unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect our mutual original intent, and all other provisions will remain in full force and effect. |