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AAC Wifi User Terms and Conditions

Effective Date:  December 7, 2018

PLEASE READ CAREFULLY.  These Wi-Fi User Terms and Conditions (these “Wi-Fi User Terms”) are a legally binding contract between you and Center Operating Company, LP doing business as American Airlines Center ("AAC" or "our" or "we" or "us") pertaining to, among other things, the access to and use of any private or public Wi-Fi service and related applications and communication systems and any related information, content, materials and electronic documentation (collectively, the “AAC Wi-Fi Service”) made available on your personal smart phone, tablet or computer devices (each a “Device”) during an event from any seat, suite or public or private area in or adjacent to the American Airlines Center operated by or for AAC (collectively, the "Venue").  For purposes of these Wi-Fi User Terms, AAC includes certain affiliates of AAC, including DSE Hockey Club, LP (d/b/a Dallas Stars) and Dallas Basketball Limited (d/b/a Dallas Mavericks).

BY ACTIVATING, PURCHASING, ACCESSING, OR USING THE AAC WI-FI SERVICE, YOU ACKNOWLEDGE YOUR CONSENT TO BE BOUND BY THESE WI-FI USER TERMS.  IF YOU ARE AGREEING TO THESE WI-FI USER TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE WI-FI USER TERMS AND ALL USERS WHO OPEN USER ACCOUNTS UNDER SUCH ENTITY’S ACCOUNT, IN WHICH CASE “YOU” SHALL MEAN SUCH ENTITY.  IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE WI-FI USER TERMS, YOU MUST SELECT THE “DO NOT ACCEPT” BUTTON AND YOU MAY NOT ACCESS OR USE THE AAC WI-FI SERVICE. 

Electronic Signature Consent to These Wi-Fi User Terms and Online Agreements

Please read these Wi-Fi User Terms carefully, as your access to the Venue or use of the AAC Wi-Fi Service constitutes your acceptance of these Wi-Fi User Terms.  By clicking on the “AGREE” or “YES” button or other indicator of your electronic acceptance of these Wi-Fi User Terms, you agree to conduct each transaction by electronic means and AAC and you hereby state that electronic signatures shall have the same force and effect as original or hand-written signatures with respect to these Wi-Fi User Terms and all electronic records or transactions entered into between you and AAC with respect to the AAC Wi-Fi Service offered to you by AAC. You hereby affirm your intent to conduct transactions using electronic signatures and records. You may revoke approval of this electronic signature process at any time with prior written notice to AAC; however this will result in AAC’s suspension or termination of all transactions and/or access or use of the AAC Wi-Fi Service absent your acknowledgment of agreement or consent by other valid legal means.

Binding Terms. 

These Wi-Fi User Terms include hyperlinks to additional terms and conditions that govern your access and use of the AAC Wi-Fi Service, including:

  • Privacy Policy. The collection and use of information, including personally identifying information, is subject to our Privacy Policy. As set forth in the Privacy Policy, you consent to receiving certain other communications from us, such as newsletters about new Venue features and content, special offers, promotional announcements and customer surveys via email or other methods. [INSERT LINK]

If you are found to be in violation of these Wi-Fi User Terms at any time, as determined by AAC in its sole discretion, AAC may warn you, suspend the affected AAC Wi-Fi Service, or terminate your accounts.  AAC may change these Wi-Fi User Terms (including the Privacy Policy) at any time, and, while AAC may send written notice of any such changes, it is your responsibility to keep up-to-date with and adhere to the posted Wi-Fi User Terms.  Your continued access to or use of the AAC Wi-Fi Service following any such change constitutes your acknowledgement of such change and your agreement to follow and be bound by the modified terms and conditions, if any. 

Account Set-Up

Establishing an Account.  Access to the AAC Wi-Fi Service will require an account to be first established and activated. You may sign up for an account by logging into our official website for the AAC Wi-Fi Service, completing the online forms and following the directions to submit a request to become a customer and set up an account. As part of the account activation process, you must certify that you are 18 years of age or older and a resident of the United States of America. When you register for an account, you will be asked to create a unique user name and password, and enter a valid email address for your account and you will be asked to identify each Device from which you will access the AAC Wi-Fi Service.  You will be asked whether you have read and agree to abide by these Wi-Fi User Terms and any additional terms set forth on the account set up page.  If you answer "I agree" and you otherwise are eligible, your account may be activated. If you answer "I Do Not Agree" or otherwise are not eligible, your account will not be activated and you will not be permitted to access the AAC Wi-Fi Service. 

Activation.  AAC reserves the right to decline to activate an account for any person for any reason. If your account is activated, you will receive a notification email immediately after you register.  Once you have confirmed, you will be permitted to log in, view, load, and use the specific features of the AAC Wi-Fi Service for which you have been registered. By making such confirmation, you acknowledge that you have read these Wi-Fi User Terms, understand your rights and obligations, and agree to be bound by these Wi-Fi User Terms. You acknowledge that certain features of the AAC Wi-Fi Service may be provided subject to additional terms and conditions (or a separate written agreement only) and you agree that you will abide by such additional terms and conditions applicable to those AAC Wi-Fi Service. 

Password Protection.  You must have a password to access the AAC Wi-Fi Service online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify AAC if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security.  You will be permitted to access only those portions of the AAC Wi-Fi Service and the Venue for which you have been granted permission to use by AAC.

Account Requirements.  In consideration of your use of the Venue and the AAC Wi-Fi Service, you agree to:  (i) provide true, accurate, current, and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current, and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Venue or the AAC Wi-Fi Service or any portion thereof.

Subscription Service

Subscription Service. AAC will make the AAC Wi-Fi Service solely on a subscription basis during the subscription term identified when you set up a user account (each an “Order”). You may access and use the AAC Wi-Fi Service solely for your own personal use (and not for resale or commercial purposes). You acknowledge that the AAC Wi-Fi Service is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by AAC regarding future functionality or features. You and AAC agree that the AAC Wi-Fi Service will be made available to you for use in conjunction with each Device specified under your user account.

Differing Subscriptions. We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations.  Any materially different terms from those described in these Wi-Fi User Terms will be disclosed in the Order or on-line when you sign-up or in other emails or communications made available to you. You can find specific details regarding your subscription with AAC by visiting our website and clicking on the “Your Account” link.  Some promotional subscriptions are offered by third parties in conjunction with the provision of their own products and AAC Wi-Fi Service. We are not responsible for the products and services provided by such third parties.  We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.

Freedom to Use Ideas.  Notwithstanding anything to the contrary contained in these Wi-Fi User Terms or an Order, any and all ideas, methods, concepts, know-how, structures, techniques, inventions, developments, processes, discoveries, improvements, and other data, information and materials processed, collected or developed in and during your use of the AAC Wi-Fi Service or the performance of the AAC Wi-Fi Service may be used by AAC, without an obligation to account, in any way AAC deems appropriate, including by or for itself or its customers. Any suggestions, enhancement requests, recommendations or other feedback provided by you in connection with the AAC Wi-Fi Service (collectively the “Feedback”) shall belong exclusively to AAC and its service providers, and, if required and upon request by AAC, you irrevocably agree to assign and, upon its creation, automatically assign to AAC the ownership of such Feedback, including all intellectual property rights therein, absolutely and without the necessity of any additional consideration. Nothing in these Wi-Fi User Terms will preclude or limit AAC from providing software, materials, or service for itself or other customers, irrespective of the possible similarity of such software, materials, or service to those that might be delivered to you. You acknowledge that AAC may monitor and collect data related to the use of the AAC Wi-Fi Service for analysis, verification, and system operations maintenance in accordance with AAC’s Privacy Policy. You acknowledge that AAC will enter into contracts with other customers who may or may not be within the same market or territory as you and that nothing in these Wi-Fi User Terms or any Order shall restrict or limit AAC from offering the AAC Wi-Fi Service to any other person or entity in any industry both during and after the term of these Wi-Fi User Terms.

AAC IP.  You acknowledge and agree that as between you and AAC, title to and ownership of AAC’s proprietary technology, and all intellectual property rights relating thereto, including without limitations, copyrights, hardware designs, algorithms, software, website content and “look and feel,” software and user-interface designs, architecture, documentation (both printed and electronic), network designs, know-how, libraries, data, databases, trademarks, patents, trade names, trade dress, methodologies, trade secrets, confidential information, and any related intellectual property rights and goodwill associated with the foregoing throughout the world (whether owned by AAC or licensed to AAC from a third party), and any derivatives, improvements, enhancements, or extensions of any of the foregoing, conceived, reduced to practice, or developed whether alone or jointly with others by AAC or you (collectively, “AAC IP”), are and will remain vested in AAC at all times and for all purposes. 

Your Obligations.  You will not knowingly take any action inconsistent with AAC’s rights in and to the AAC IP. You shall not (i) permit any third party to access the AAC Wi-Fi Service except as permitted herein or in an Order, (ii) create derivate works based on the AAC Wi-Fi Service, (iii) copy, frame or mirror any data or content of the AAC Wi-Fi Service, (iv) reverse engineer the AAC Wi-Fi Service, or (v) access the AAC Wi-Fi Service in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the AAC Wi-Fi Service. You shall (1) be responsible for compliance with these Wi-Fi User Terms, (2) be responsible for the accuracy, quality and legality of your data and of the means by which you acquire your data, (3) use commercially reasonable efforts to prevent unauthorized access to or use of the AAC Wi-Fi Service, and notify AAC promptly of any such unauthorized access or use, and (4) use the AAC Wi-Fi Service only in accordance with related user documentation and applicable laws and government regulations. You shall not (a) make the AAC Wi-Fi Service available to any third parties, (b) sell, resell, rent or lease the AAC Wi-Fi Service, (c) use the AAC Wi-Fi Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third party privacy rights, (d) use the AAC Wi-Fi Service to store, process or transmit viruses, worms, bots, data mining code, or other harmful or malicious code, files, data, scripts, agents or programs, (e) interfere with or disrupt the integrity or performance of the AAC Wi-Fi Service or third party data contained therein, or (f) attempt to gain unauthorized access to the AAC Wi-Fi Service or their related systems or networks.  You shall comply at all times with any Wi-Fi-related acceptable use policy, as may be published or made available by AAC. You agree to indemnify, hold harmless, and defend AAC, its officers, directors, employees, agents, affiliates, subsidiaries, successors, users, service providers and assigns from and against any and all claims, demands, damages, costs, and expenses, including reasonable legal fees and expenses incurred by AAC, in connection with a breach of any of the limitations and obligations set forth in these Wi-Fi User Terms by you and any access or use of the AAC Wi-Fi Service and the Venue by you or anyone accessing the AAC Wi-Fi Service and the Venue via the account passwords established by you. 

Consumer Review Fairness Act.  The Consumer Review Fairness Act gives you certain protections against “gag” clauses prohibiting the disparagement of a service provider’s service offerings.  The parties acknowledge and agree that, notwithstanding anything to the contrary herein, no clause in these Wi-Fi User Terms shall be constructed to (i) prohibit or restrict the ability of, or impose a penalty or fee against, you from engaging in any Covered Communication or (ii) transfer or require you to transfer to AAC any intellectual property rights in any otherwise lawful Covered Communication other than the non-exclusive license set forth in this clause; provided however that: (1) the foregoing shall not affect (A) any duty of confidentiality imposed by law, (B) any civil actions for defamation, libel or slander or any similar causes of action, or (C) AAC’s right to remove or refuse to display publicly on an Internet website or webpage owned, operated or otherwise controlled by AAC any Covered Communication that contains the personal information or likeness of any person, or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or is unrelated to the goods and AAC Wi-Fi Service offered by or available in the Venue; and (2) the foregoing shall not apply to the extent that the clause in these Wi-Fi User Terms prohibits disclosure or submission of (A) trade secrets or commercial or financial information obtained from any person and considered privileged or confidential, (B) personnel and medical files and similar information, the disclosure of which would constitute a clearly and unwarranted invasion of personal privacy, (C) records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly and unwarranted invasion of personal privacy, (D) content that is unlawful or otherwise meets the requirements of subsection (2)(C) above, or (E) content that contains any computer viruses, worms, or other potentially damaging computer code, processes, programs, applications or files.  You grant AAC, its successors and assign, the non-exclusive, perpetual, irrevocable, fully-paid, royalty-free right to copy, use, reproduce, edit, display, or commercially exploit any Covered Communication, in whole or in part, in any media (including Internet) whether now known or hereafter created, without the requirement of an accounting or prior written notice to you by AAC.  For purposes of this Section, “Covered Communication” means any written, oral or pictorial (including pictures, photographs, video, illustrations and symbols) review, performance assessment of, or other similar analysis of, including by electronic means, the AAC Wi-Fi Service or any conduct of AAC by you.

Fees and Payment

Free Trials.  Your AAC Wi-Fi Service may be offered on a free trial basis.  The free trial period of your subscription may vary depending upon promotion, or as otherwise specified during sign-up.  For combinations with other offers, additional restrictions may apply. Free trials are for new and certain former subscribers only. AAC reserves the right, in its absolute discretion, to determine your free trial eligibility. You will not receive a notice from us that your free trial period has ended.

Fees.  AAC reserves the right to charge fees for your access and use of the AAC Wi-Fi Service if your usage exceeds applicable limits and time specified in the Order or your user account. Except as otherwise specified herein or in an Order, (i) fees are based on the AAC Wi-Fi Service purchased and not actual usage, (ii) payment obligations are non-cancellable and fees paid are non-refundable, and (iii) the number of Device subscriptions purchased cannot be decreased during the relevant subscription term stated on the Order. AAC will bill you for all fees due according to the payment schedule set forth in the Order and payment will be due to AAC in advance. You shall be responsible for payment of all U.S. Federal, State and local taxes applicable to the furnishing and use of the AAC Wi-Fi Service. You agree to indemnify AAC from any claims, demands or liability made against AAC for any such taxes. 

Late Payments.  Any payment not received by the due date will accrue interest at a rate equal to the lesser of 1.5% per month or the highest rate permitted by applicable law.  If you are delinquent in your payments, AAC may, upon written notice to you, modify the payment terms to require advance payment for the full amount of the fees for the remainder of the term of each Order, suspend your access to the AAC Wi-Fi Service, and/or require other assurances to secure your payment obligations due hereunder. 

Payment Online.  All fees must be paid online. This payment feature is provided by a third party vendor and use of this feature is subject to these Wi-Fi User Terms to the extent the terms set forth in these Wi-Fi User Terms are not contrary to the forms or other service agreements between you and the third party vendor. In order to make payments online, you must submit the necessary contact and payment information, including, without limitation, your name, address, email, and payment account information (i.e., credit card, debit card, Pay Pal, etc.) (“Payment Method”).  You are responsible for the accuracy of the information in your account(s) supplied by you to AAC.  By providing such information to AAC by any means, you represent that such information shall be accurate, complete, and correct and that you have the lawful right to provide such information to AAC for use by AAC and its authorized vendors.  You must be 18 years of age or over. By using the online payment process, you confirm that you possess the legal authority to enter into the conditions of use for the Venue, including, without limitation, instructing AAC or its authorized vendors to collect any payments from your Payment Method.  Billing occurs at the time of payment or shortly thereafter.  You agree that you are responsible for all charges incurred by your use of the AAC Wi-Fi Service and you expressly authorize AAC to charge the Payment Method provided by you or listed on your account for any outstanding fees or costs due to AAC. 

 

 

 

Service Levels

Devices. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF YOUR DEVICE, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR AAC WI-FI SERVICE.  By using the AAC Wi-Fi Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the AAC Wi-Fi Service.  If your device is sold, lost or stolen, please deactivate the AAC Wi-Fi Service for that device.

Maintenance and Technical Standards.  AAC agrees to maintain the accessibility of the AAC Wi-Fi Service in a manner consistent with capacity and performance standards set forth herein and current telecommunications and Internet industry standards, as the same may change from time to time.  For measurements required herein, AAC may assume a stable, standard connection to the Internet and measurements made at random times throughout the day.  Upon request, AAC will provide you with a list of minimum recommended and technical equipment standards for access to and use of the AAC Wi-Fi Service, and you acknowledge that optimal performance will not be available if recommended standards are not met.  Under no circumstances will AAC be liable for any damage or loss resulting from a cause over which AAC does not have control, including, without limitation, failure of electronic or mechanical equipment or communications lines, telephone or other interconnect problems, general inoperability of the Internet, unauthorized access, theft, operator error, severe weather, earthquakes, and strikes or other labor problems.

Service Availability.  While AAC will use commercially reasonable efforts to maintain access to the AAC Wi-Fi Service 24 hours per day 7 days a week during an event at the Venue, access to the AAC Wi-Fi Service will be maintained at an availability standard of 99% as measured over the course of a calendar month, excluding standard exceptions. Standard exceptions to the 99% service-availability standard include scheduled maintenance, maintenance downtime to resolve extraordinary technical problems with any software or the host operating environment, force majeure (including state or federally declared natural disasters in AAC’s data center locations), or technical difficulties attributable to any non-AAC computer hardware, or technical difficulties attributable to your interface with the Subscription AAC Wi-Fi Service unless such technical difficulties are the direct fault of AAC.  In the event that the service-availability standard in a calendar month falls below 99%, you may request in writing a report of availability from AAC and if such report confirms the downtime, you may terminate the AAC Wi-Fi Service.  The foregoing shall be your sole and exclusive remedy and AAC’s sole and exclusive liability for breach of the performance standards set forth in this section and your inability to access or use the AAC Wi-Fi Service.

Service Updates.  We may update the AAC Wi-Fi Service in its sole discretion. In addition, we continually test various aspects of the AAC Wi-Fi Service, including the software, sites, user interfaces, service levels, plans, promotional features, updates, fixes, optimizations, delivery, and pricing.  We reserve the right to, and by using the AAC Wi-Fi Service you agree that we may, include you in or exclude you from these tests without notice.  We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate the AAC Wi-Fi Service.

Suspension of Service.  AAC reserves the right to suspend access to the AAC Wi-Fi Service at any time if AAC concludes that you are in violation of these Wi-Fi User Terms, or your use is negatively impacting the performance of the AAC Wi-Fi Service. AAC may or may not notify you in advance of such suspension. Enforcement may be both automated and manual, and can include disabling access, restricting access to certain functionality, or any other similar action deemed appropriate by AAC.

Applications. You may encounter third-party applications (including, without limitation, websites, social media accounts, widgets, software, or other software utilities) (“Application(s)”) that interact with the AAC Wi-Fi Service. These Applications may export or import data related to your account and activity, or permit AAC to access your accounts on third party sites (including Facebook, Instagram, Twitter, and Pinterest) and otherwise gather data from you or allow AAC and its service providers to import or extract data from your account on these social media sites. These Applications are provided solely as a convenience to you, and AAC is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO OR SPONSORED BY AAC AND MAY NOT BE AUTHORIZED FOR USE WITH THE AAC WI-FI SERVICE.  USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.  By using or accessing these Applications via the AAC Wi-Fi Service, you authorize and consent to AAC and its service providers access and use of your account and any import, export, gathering or processing of your content or data via the Applications for any and all purposes permitted by law during and after the subscription term.

LIMITATIONS ON LIABILITY AND WARRANTIES. 

Limitation of Liability.  IN NO EVENT SHALL AAC OR ITS SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOST SAVINGS, LOST DATA, COMMERCIAL LOSS OR BUSINESS INTERRUPTIONS INCLUDING LOSS OR DELAY OF BUSINESS OPERATIONS OR OTHER INCIDENTAL OR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCURRED BY YOU UNDER ANY CIRCUMSTANCES WHATSOEVER EVEN IF AAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES PROVIDED IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Disclaimer of Warranties.  THE AAC WI-FI SERVICE IS PROVIDED BY AAC AND ITS SERVICE PROVIDERS ON AN “AS-IS” “WITH ALL FAULTS” BASIS WITH NO WARRANTY OF ANY KIND.  EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, AAC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, ORIGINALITY, OR FITNESS FOR A PARTICULAR PURPOSE, IRRESPECTIVE OF ANY PREVIOUS COURSE OF DEALINGS BETWEEN THE PARTIES OR CUSTOM OR USAGE OF TRADE.  IN NO EVENT SHALL INDEMNIFICATION BE PROVIDED FOR A CLAIM FOR BREACH OF WARRANTY AGAINST AAC.

Cumulative Liability.  AAC’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE WI-FI USER TERMS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU FOR THE AAC WI-FI SERVICE GIVING RISE TO THE CLAIM FOR, OR ALLEGEDLY CAUSING, THE DAMAGES.

Allocation of Risk.  EACH PARTY ACKNOWLEDGES THE ALLOCATION OF RISK SET FORTH HEREIN AND THAT THE PARTIES WOULD NOT HAVE EXECUTED THE ORDER WITHOUT THESE LIMITATIONS OF LIABILITY.

Term And Termination

Term and Termination.  These Wi-Fi User Terms shall continue in effect for as long as an Order is in effect referencing these Wi-Fi User Terms. Each Order shall continue throughout the initial subscription term designated in the Order and shall automatically renew on a month-to-month basis at the end of the initial term or any renewal term until either party gives the other party written notice of non-renewal before the expiration of the initial term or the then-current renewal term. 

Termination for Breach.  An Order may be terminated by the non-breaching party if a party breaching a material term of the Order or these Wi-Fi User Terms fails to cure such breach within thirty (30) days following written notice of breach from the non-breaching party specifying in reasonable detail the nature of such breach. If an Order is terminated by AAC as a result of your breach, in addition to any other remedies that AAC may have, all amounts owed by you and unpaid as of the date of such termination shall be immediately due and payable to AAC. Any provision contained in these Wi-Fi User Terms that, by its nature, is intended to survive expiration or termination shall so survive.

Cancellation.  You may cancel your subscription at any time.  WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY FEES PAID BY YOU. To cancel, go to the “Your Account” page and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close within thirty (30) days.

Confidentiality

Definition of Confidential Information.  As used in these Wi-Fi User Terms, “Confidential Information” means all confidential information disclosed by AAC to you, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information shall include the AAC IP as well as business and marketing plans, technology and technical information, product plans and designs, and business processes. However, Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to AAC, (ii) was known to you prior to its disclosure by AAC without breach of any obligation owed to AAC, (iii) is received from a third party without breach of any obligation owed to AAC, or (iv) was independently developed by you.

Protection of Confidential Information.  You shall use the same degree of care that you use to protect the confidentiality of your own confidential information of like kind (but in no event less than reasonable care) (i) not to use any Confidential Information for any purpose outside the scope of these Wi-Fi User Terms, and (ii) except as otherwise authorized by AAC in writing, to limit access to Confidential Information to those of it and its affiliates’ employees, contractors and agents who need such access for purposes consistent with these Wi-Fi User Terms and who have signed confidentiality agreements with you containing protections no less stringent than those herein. 

Compelled Disclosure.  You may disclose Confidential Information if you are compelled by law to do so, provided you give AAC prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at AAC’s cost, if AAC wishes to contest the disclosure.  If you are compelled by law to disclose Confidential Information as part of a civil proceeding to which AAC is a party, and AAC is not contesting the disclosure, AAC will reimburse you for your reasonable cost of compiling and providing secure access to such Confidential Information.

General Provisions

Governing Law.  These Wi-Fi User Terms and each Order issued by AAC will be governed by and construed in accordance with the laws of the State of Texas (without regard to any conflict of laws rule or principle that might refer governance or construction of this Agreement to the laws of another jurisdiction).  Venue for any dispute or action arising from these Wi-Fi User Terms or each Order issued by AAC shall be proper only in Dallas County, Texas, USA and you consent to exclusive personal jurisdiction in the courts lying in Dallas County, Texas, USA.

Entire Agreement.  These Wi-Fi User Terms and each Order (together with any policies or documents referenced herein) shall constitute the entire and integrated agreement between the parties with respect to the AAC Wi-Fi Service at the Venue.  There are no understandings or agreements relating thereto that are not fully expressed herein, and no change or waiver is valid unless it is in writing and executed by the party against whom it is sought to be enforced.  

Force Majeure.  In the event either party is prevented from performing, or is unable to perform, any of its non-monetary obligations hereunder due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be excused and the time for performance will be extended for the period of delay or inability to perform due to such occurrence.  In the event that a party’s performance is prevented or delayed for more than thirty (30) days, then the other party may terminate the Order delivery of written notice to the non-performing party. 

Severability.  If a court of competent jurisdiction finds any provision of an Order or these Wi-Fi User Terms to be unenforceable, the remaining provisions will be enforced, with substitution as necessary to give reasonable overall effect to the terms of the Order and these Wi-Fi User Terms. 

Injunctive Relief.  The parties understand and agree that, due to the highly competitive nature of the computer software industry, the breach of any covenants set forth in each Order or these Wi-Fi User Terms may cause irreparable injury to AAC for which no adequate remedy at law will be available.  Therefore, AAC will be entitled, in addition to such other remedies as it may have hereunder, to a temporary restraining order and preliminary injunctive relief for any breach or threatened breach of an Order or these Wi-Fi User Terms without first posting bond or proving damages. 

Business Relationship.  Neither an Order nor these Wi-Fi User Terms create any agency, employment, joint venture, partnership, representation, or fiduciary relationship between the parties.  No party has the authority to, nor will a party attempt to, create any obligation on behalf of another party as a result of an Order or these Wi-Fi User Terms. 

Authority.  Each individual executing the Order on behalf of an entity hereby represents and warrants to the other party that such individual is duly authorized to execute, and to deliver, the Order on behalf of that entity and that such execution and delivery makes these Wi-Fi User Terms and each Order a valid and binding obligation of the entity for all purposes. 

Notices.  All notices shall be sent by certified mail, return receipt requested, to you and AAC at the addresses and to the attention of the persons designated on the Order.  AAC also may communicate with you through alerts and email in the AAC Wi-Fi Service or from AAC’s website.  You must ensure that all email addresses associated with your account are current and your system will not filter out these alerts or emails.

No Assignment. You may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of AAC. AAC may assign or subcontract its rights and obligations under these Wi-Fi User Terms without prior written notice or consent to you.

Publicity.  AAC may post a customer case study or issue a press release(s) regarding the access and use of the AAC Wi-Fi Service by you and the business relationship established under these Wi-Fi User Terms at any time during and after the term of these Wi-Fi User Terms.  AAC expressly prohibits any use, reference to, or other affiliation of its name, trademarks, service marks or trade names with you or any third party, except, in each instance, as expressly authorized in writing by AAC and subject to AAC’s quality control.

 

Arbitration of Claims. 

PLEASE READ THIS CAREFULLY.  WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.

At AAC, we expect that our world-class customer service team will be able to resolve most issues you may have using the AAC Wi-Fi Service.  You can find frequently asked questions or contact our customer service team by going to our help center.  In the unlikely event that an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later.  Accordingly, you and AAC agree to the following resolution process.

In an attempt to find the quickest and most efficient resolution of our issues, you and AAC agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at:  [INSERT CONTACT ADDRESS].  If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for AAC.

If we do not reach an agreed upon solution after our discussions for at least thirty (30) days, you and AAC agree that any claim that either of us may have arising out of or relating to these Wi-Fi User Terms (including formation, performance, or breach of them), our relationship with each other, or use of our AAC Wi-Fi Service must be resolved through binding arbitration before the American Arbitration Association using its Consumer Arbitration Rules, available at www.adr.org. Upon your written request, as an exception to this arbitration agreement, AAC may give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.

To help resolve any issues between us promptly and directly, you and AAC agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived.  You and AAC also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.

Any arbitration hearings will be held in Dallas, Texas.

You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.  If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules.  Regardless of who initiates the arbitration, AAC will pay any other arbitration fees, including your share of arbitrator compensation.

It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

If you’re not sure what all of this means, please feel free to ask an attorney.

Specifying what happens if an issue arises with one of our users is never a fun topic.  But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and AAC agree on the process described in this Section.

AAC Wifi Privacy Policy

Your privacy is important to us

American Airlines Center is committed to protecting the privacy and personal data it receives from customers.

This Privacy Policy is intended to inform you of our policies and practices regarding the collection, use, and disclosure of your personal information through American Airlines Center's Wi-Fi service by or for Center Operating Company, LP, doing business as American Airlines Center, and its affiliates, including DSE Hockey Club, LP (d/b/a Dallas Stars) and Dallas Basketball Limited (d/b/a Dallas Mavericks) (collectively “American Airlines Center”). This Wi-Fi service is provided by an American Airlines Center service provider and for purposes of this policy is collectively referred to as the "American Airlines Center Wi-Fi Service".

For purposes of this Privacy Policy, American Airlines Center shall include American Airlines Center's contracted service providers and their respective subcontractors, if applicable. This Privacy Policy applies only to information collected, used and stored when you use the American Airlines Center Wi-Fi Service. While American Airlines Center strives to take reasonable measures to protect the privacy of our customers, this Privacy Policy is not a contract and does not create any legal rights or obligations. Rather, the following are guidelines for protecting the information you provide to us.  

User consent

By using the American Airlines Center Wi-Fi Service, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and processing of your personal information by American Airlines Center and each of their affiliates, partners, contractors and permitted agents according to this Privacy Policy and American Airlines Center's Customer Privacy Policy. For American Airlines Center's Customer Privacy Policy, please go to http://www.americanairlinescenter.com/privacy-policy. If you are a User who resides outside the United States, you understand that your personally identifiable information may be processed in countries (including the United States) where laws regarding processing of personal information may be less stringent than the laws in your country.

What type of information do we collect?

Personal information you provide to us

When you use the American Airlines Center Wi-Fi Service, American Airlines Center collects and maintains certain personally identifiable information (such as name, IP address, social media account, user names, physical address, geolocation, device identifiers, credit card number and email address) in order to complete your transaction and provide you with the American Airlines Center Wi-Fi Services. Please be aware that if you prefer not to provide us with your personal information, since such information may be necessary for us to provide such services, we may not be able to, or may choose not to, make such services available to you.

Device and Performance Information

When you use the American Airlines Center Wi-Fi Service, our Wi-Fi technology is designed to collect device identification and software signatures or browser information from your personal smart phone, tablet or computer devices (each a “Device”) during an event from any seat, suite or public or private area in or adjacent to the American Airlines Center operated by or for AAC (collectively, the "Venue") and passes this data back to our system.  We use this Device information so that our servers can respond back to your Devices and perform your requested functions.  All Device data is linked to your personal information so that it can be shown as historical information for your account.  This information is also used to handle any technical, product, or customer support requests that you may send to us as well as to improve the performance of the American Airlines Center Wi-Fi Service.  Please be aware that if you prefer not to provide this Device information, our Wi-Fi technology will be unable to provide any services.

Cookies and other information collected via technology

As you use the American Airlines Center Wi-Fi Service, certain information may automatically be collected, including your Internet protocol address, browser type, and operating system. American Airlines Center also collects information by using technologies and methodologies such as "cookies" that enable tracking or provide other information regarding your interaction with the American Airlines Center Wi-Fi Service.

Cookies are small bits of information that are stored on your computer by your Web browser. Cookies help establish a user session and allow our server to correctly provide site users with the appropriate information, services and/or advertisements. Additional information about the use of cookies is described below.

We will collect the Media Access Control Address or "MAC Address" of the wireless device that you are using to access the American Airlines Center Wi-Fi Service. The MAC Address is an identifier attached to a network adapter, such as your wireless (Wi-Fi) card, device or component. An "Internet protocol address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. We assign your computer or device a dynamic IP Address that varies from session to session when you use the American Airlines Center Wi-Fi Service. We may associate your MAC Address and IP Address with your personally identifiable information.

 

Aggregate Information

American Airlines Center gathers general information about visits to the site or social media accounts using the American Airlines Center Wi-Fi Service and stores this information in log files.  This information is stored in anonymous profiles and is not associated with a user’s account.  This information includes the number of total visits to the sites, and which browser is used to view the sites (including the version number).  Additionally we may know the date, time, websites and website pages that you visit using the American Airlines Center Wi-Fi Service and the geolocation of the Device that you are using.  Collecting this information helps us to design our service and target content and communications to enhance your experience during and after access.

On occasion, American Airlines Center also gathers general information about click-through usage of key features within our service to confirm that the service is providing the intended user experience.  This information is collected in aggregate form and stored in a manner that cannot be associated with any individual.  The information includes total clicks on select features available in our service and is used to understand how our service is used, enabling us to improve the service, and provide the best possible user experience for our customers.

We also use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients.  This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

We partner with a third party ad network to either display advertising on the service or to manage our advertising on other sites.  Our ad network partner uses cookies and web beacons to collect non-personally identifiable information about your activities using our service and other websites to provide you targeted advertising based upon your interests. We do not respond to a browsers “do not track” signal.

Children

We do not knowingly collect personally identifiable information about American Airlines Center Wi-Fi Service users who are under the age of 13. If you learn that your child has provided us with personal information online without your knowledge, you may contact us by sending an email to [email protected] or by calling 1-214-665-4893, and ask us to delete this information from our records.

Retention Policy

We will establish minimum and maximum retention periods based upon the type of information collected (i.e. sensitivity), the intended purposes and as otherwise may be legally required.

 

How do we use your information?

American Airlines Center uses your personal information to complete transactions in fulfilling your using the American Airlines Center Wi-Fi Service, to respond to requests that you make concerning the American Airlines Center Wi-Fi Service, and to better tailor the features, performance and support of the American Airlines Center Wi-Fi Service. We also use your personal information to provide you with a more effective customer experience.  In order to do this, American Airlines Center may process your information or combine it with other information that we have about you or that is publicly available.

In addition, American Airlines Center may share this information with contracted third parties, for the purposes of fulfilling your request to use the American Airlines Center Wi-Fi Service. American Airlines Center reserves the right to share, rent or sell your personal information (including device information and any data or content gathered via the Applications) with third parties, and to trade or exchange mailing listed with our service providers and third party organizations without accounting to you or obtaining your prior consent. We require strict contractual obligations from these third parties to ensure safeguards for the privacy and security of the information which are at least as restrictive as this Privacy Policy in handling your information.

We track IP Addresses in conjunction with user session cookies to analyze our Web page flow. We may use records of your feedback, if provided, for support, training and improvements to the American Airlines Center Wi-Fi Service.

We may create anonymous or aggregate information for the purpose of internal reporting and improving our service offerings to you.  Such information may be shared with American Airlines Center partners or other third parties. Examples of such information are X% of American Airlines Center Wi-Fi Service users in Section xx, etc. Neither anonymous nor aggregate information is associated with your contact information and neither includes personally identifiable information.

Emails

We use email addresses to deliver information relevant to your purchase and/or use of the American Airlines Center Wi-Fi Service. We reserve the right to send you emails or other electronic messages for administrative and/or marketing purposes unless you opt-out.

Online feedback

You will have the option to provide feedback on your experience with the American Airlines Center Wi-Fi Service to improve our services via the Feedback link on this site. Your participation is completely voluntary. Your comments via the Feedback link will not be associated with any of your personal information.

Cookies

Cookies help establish a user session and allow our server to correctly provide site users with the appropriate information, services and/or advertisements. We also use cookies to ensure you obtain the information you request and to authenticate your authority to access the American Airlines Center Wi-Fi Service. In addition, we use cookies to track usage in order to improve the site and service in accordance with our customers' needs.

While most people accept cookies, you can configure your browser to not accept cookies from us or from third party companies, like third party ad servers. If you choose not to accept our cookies, however, and are a registered user, you will not have access to your personal information on this site.  In addition, if you disable our cookies you will not be able to use our Internet service. There may also be other site functionality which may not function properly if your browser does not accept cookies.

Domain names

Information regarding domain names is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar site usage information in order to know how to improve the site's content.

Children

No information we collect from children known to be under the age of 13 is used for any marketing or promotional purposes. Such information is used solely to provide services. We will give out personal information about children if required by law, for example, to comply with a court order or subpoena or to protect the safety and security of visitors and our sites.

Law enforcement / Legal processes / Other uses

American Airlines Center may disclose personal information if required to do so by law, court order, subpoena or other legal process, as requested by a governmental or law enforcement authority, when it is necessary to protect the rights or property of American Airlines Center, our customers, our websites or their users, or when we believe in good faith that it is in the interests of security or that disclosure is otherwise necessary or advisable. American Airlines Center and/or its Wi-Fi Internet service providers may be required by law, by government authorities or by law enforcement officers acting under color of law, to allow them access to some or all of your communications on or through the American Airlines Center Wi-Fi Service. By using the American Airlines Center Wi-Fi Service you expressly consent to the transfer of your communications, including identifying information associated with the use of the Internet via your device, as well as certain necessary personally identifiable information, searches or communications, to American Airlines Center and/or its Wi-Fi Internet service providers in the American Airlines Center States, in order to receive American Airlines Center Wi-Fi Internet service and to comply with legal requirements. You also understand and expressly agree that: 1) American Airlines Center's Wi-Fi Internet service providers are obligated to enable access to any of the information discussed in this policy to governmental or law enforcement authorities for law enforcement purposes, and 2) American Airlines Center and its Wi-Fi service providers may disclose any such information if served with a court order, subpoena or other legal process.

Sale of Assets

We reserve the right to assign or transfer your information to any successor in interest to our organization associated with the Venue or the American Airlines Center Wi-Fi Service by merger, reorganization, sale of all or substantially all of our assets or equity interests or operation of law.

How can you access your information?

If you are registered and have used our WiFi service you can send a request to [email protected] for copies of information that our  system holds.

American Airlines Center may send required notifications via e-mail to keep you informed of the status of your orders or accounts and to provide updates and technical notices. This service is used for messages that are important for the maintenance of your subscription and the functionality of our services.  When you purchase or register a product online, we require an e-mail address for completion of the transaction, which we will use for these communications.  In order to stop receiving these notifications, please contact our technical support team at [email protected]. You will be opted out of further communications within reasonable period of time (not to exceed 30 business days).

How is the information collected online protected?

American Airlines Center maintains commercially reasonable safeguards to ensure the security, integrity and privacy of the personal information provided by you. Such security safeguards are intended to be appropriate to the sensitivity of the personal information collected.   American Airlines Center will regularly review its security standards and procedures to protect against unauthorized access to personal information. When you place orders to purchase services or access your account information, we use secure servers to protect your personal information. Secure Socket Layer (SSL) software encrypts the personal information that is transmitted between you and our websites.

Although American Airlines Center takes reasonable steps to safeguard and to prevent unauthorized access to your private information, it cannot be responsible for the acts of those who gain unauthorized access, and American Airlines Center makes no warranty, express, implied or otherwise, that we will prevent unauthorized access to your private information.

Personal information may be processed by American Airlines Center in the country where it was collected as well as other countries (including the United States) where laws regarding processing of personal information may be less stringent. Please note that personal information gathered online from the American Airlines Center Wi-Fi Service will be transmitted, stored and processed in the United States and Canada.  By submitting your personal information to American Airlines Center, you expressly consent to the collection, transmittal, storage, use and processing of your personal information according to this Privacy Policy. 

Other websites

This Privacy Policy covers only the American Airlines Center Wi-Fi Service for American Airlines Center and its corporate affiliates. While we make every effort to protect your information on our websites, we do not control the policies of third-party sites accessible from links on our account home page or via the Applications. As such, we have no control over third-party sites' privacy policies or use of any personal information you or others may share with them. Please do not assume that this Privacy Policy covers those other sites.

Protect your personal information

In order to protect your privacy and American Airlines Center's proprietary databases and systems, we recommend that you not share any of your personally identifiable information with any third-party information aggregators that would allow them access to sensitive account information.

How can you contact us?

If you have comments or questions about this Privacy Policy, please email us at [email protected] Please reference this Privacy Policy in those communications.

Legal effect and changes to the policy

As indicated, this Privacy Policy is not a contract nor does it otherwise create any legal rights or obligations. Rather, this Privacy Policy merely reflects guidelines setting forth American Airlines Center's intended business practices. American Airlines Center, in its discretion, may amend, interpret, modify, or withdraw any portion of this Privacy Policy and related business practices at any time by posting updated text on this site, and your continued use of the American Airlines Center Wi-Fi Service constitutes your consent to those changes.

 

This Privacy Policy is effective as of September 21, 2018.

 

AAC Website Privacy Policy

Your privacy is important to us

American Airlines Center is committed to protecting the privacy and personal data it receives from customers.

This Privacy Policy is intended to inform you of our policies and practices regarding the collection, use, and disclosure of your personal information pertaining to the access and use of the online services offered, and all products, information content, media, printed materials and online or other electronic documentation (the “Services”) accessible on American Airlines Center's official websites, including www.americanairlinescenter.com and www.aacntr.com, mobile applications and social media accounts (collectively, the “Sites”) operated by or for Center Operating Company, LP, doing business as American Airlines Center, and its affiliates, including DSE Hockey Club, LP (d/b/a Dallas Stars) and Dallas Basketball Limited (d/b/a Dallas Mavericks) (collectively “American Airlines Center”).

This Privacy Policy applies only to information collected, used and stored when you use the Services on the Sites. While American Airlines Center strives to take reasonable measures to protect the privacy of our customers, this Privacy Policy is not a contract and does not create any legal rights or obligations. Rather, the following are guidelines for protecting the information that you provide to us. 

User consent

By using the Services on the Sites, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and processing of your personal information by American Airlines Center and each of their affiliates, partners, contractors, service providers and permitted agents according to this Privacy Policy. If you are a User who resides outside the United States, you understand that your personally identifiable information may be processed in countries (including the United States) where laws regarding processing of personal information may be less stringent than the laws in your country.

What type of information do we collect?

Personal information you provide to us

When you use the Services on the Sites, American Airlines Center collects and maintains certain personally identifiable information (such as name, IP addresses, social media accounts, user names, physical addresses, mailing and shipping addresses, billing addresses, geolocation, device identifiers, credit card numbers, mobile phone numbers, and email addresses) in order to complete your transaction and provide you with the Services on the Sites. Submission of such personally identifiable information is voluntary (except as specified otherwise in this Privacy Policy). However, please be aware that if you prefer not to provide us with your personal information, since such information may be necessary for us to provide such services, we may not be able to, or may choose not to, make such services available to you.

Device and Performance Information

When you use the Services on the Sites, our technology is designed to collect device identification and software signatures or browser information from your personal smart phone, tablet or computer devices (each a “Device”) and passes this data back to our system.  If you are accessing the Sites during an event from any seat, suite or public or private area in or adjacent to the American Airlines Center operated by or for AAC (collectively, the "Venue"), including your participation in any contest or activity involving the Sites, or if you are using our mobile applications, then your geolocation information may be collected and stored in our system.  We use this Device information so that our servers can respond back to your Devices and perform your requested functions.  All Device data is linked to your personal information so that it can be shown as historical information for your account.

Cookies and other information collected via technology

As you use the Services on the Sites, certain information may automatically be collected, including your Internet protocol address, browser type, and operating system. American Airlines Center also collects information by using technologies and methodologies such as "cookies" that enable tracking or provide other information regarding your interaction with the Services on the Sites.

Cookies are small bits of information that are stored on your computer by your Web browser. Cookies help establish a user session and allow our server to correctly provide site users with the appropriate information, services and/or advertisements. Additional information about the use of cookies is described below.

If you are accessing the Sites using a Device or if you are using our mobile application, we will collect the Media Access Control Address or "MAC Address" of the Device that you are using to access the Services on the Sites. The MAC Address is an identifier attached to a network adapter, such as your wireless (Wi-Fi) card, device or component. An "Internet protocol address" or "IP Address" is a number that is automatically assigned to your computer when you use the Internet. We assign your computer or device a dynamic IP Address that varies from session to session when you use the Services on the Sites. We may associate your MAC Address and IP Address with your personally identifiable information.

Aggregate Information

American Airlines Center gathers general information about visits to our official websites or social media accounts using the Services on the Sites and stores this information in log files. This information is stored in anonymous profiles and is not associated with a user’s account. This information includes the number of total visits to the Sites, and which browser is used to view the Sites (including the version number) and specific features or pages on the Sites.  Additionally we may know the date, time, websites and website pages that you visit using the Services on the Sites and the geolocation of the Device that you are using. Collecting this information helps us to design our services and target content and communications to enhance your experience during and after access.

On occasion, American Airlines Center also gathers general information about click-through usage of key features within our Services to confirm that the Services are providing the intended user experience. This information is collected in aggregate form and stored in a manner that cannot be associated with any individual.  The information includes total clicks on select features available in our service and is used to understand how our service is used, enabling us to improve the service, and provide the best possible user experience for our customers.

We also use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

We partner with a third party ad network to either display advertising on the Services or to manage our advertising on the Sites.  Our ad network partner uses cookies and web beacons to collect non-personally identifiable information about your activities using our Services and the Sites to provide you targeted advertising based upon your interests. We do not respond to a browsers “do not track” signal.

Children

We do not knowingly collect personally identifiable information about Services on the Sites users who are under the age of 13. If you learn that your child has provided us with personal information online without your knowledge, you may contact us by sending an email to [email protected] or by calling 1-214-665-4893, and ask us to delete this information from our records.

Retention Policy

We will establish minimum and maximum retention periods based upon the type of information collected (i.e. sensitivity), the intended purposes and as otherwise may be legally required.

Public Forums

American Airlines Center has made available public forums on the Sites so that you may have an opportunity to interact with other visitors of the Sites (including events at the Venue) and to share information or participate in social media postings or community activities related to the Venue. Since public forum participation is voluntary, you control what personal information may be disclosed to others. In order to avoid your personal information from being gathered and used by others for unsolicited or inappropriate purposes, American Airlines Center recommends that you use caution when sharing personal information in such public forums and you do so at your own discretion and risk.  American Airlines Center does not monitor such public forums and is not responsible or liable for any personal information posted in the public forums.

How do we use your information?

American Airlines Center uses your personal information to complete transactions in fulfilling your using the Services on the Sites, to respond to requests that you make concerning the Services on the Sites, and to better tailor the features, performance and support of the Services on the Sites. We also use your personal information to provide you with a more effective customer experience.  In order to do this, American Airlines Center may process your information or combine it with other information that we have about you or that is publicly available.

In addition, American Airlines Center may share this information with contracted third parties, for the purposes of fulfilling your request to use the Services on the Sites. American Airlines Center reserves the right to share, rent or sell your personal information (including Services information and any data or content gathered via the Sites) with third parties, and to trade or exchange mailing listed with our service providers and third party organizations without accounting to you or obtaining your prior consent. We require strict contractual obligations from these third parties to ensure safeguards for the privacy and security of the information which are at least as restrictive as this Privacy Policy in handling your information.

To provide secure credit card processing when ordering, orders place on the Sites are processed using a payment gateway through our authorized third party service providers, including Ticketmaster, which operate under their own privacy policy.  American Airlines Center does not store credit card information collected from the Sites online, but it works with third parties to serve as a trust intermediary to handle online transactions with our customers.

We track IP Addresses in conjunction with user session cookies to analyze our Web page flow. We may use records of your feedback, if provided, for support, training and improvements to the Services on the Sites.

We may create anonymous or aggregate information for the purpose of internal reporting and improving our service offerings to you.  Such information may be shared with American Airlines Center partners or other third parties. Examples of such information are X% of Services on the Sites users in Section xx of the Venue, etc. Neither anonymous nor aggregate information is associated with your contact information and neither includes personally identifiable information.

Emails

We use email addresses to deliver information relevant to your purchase and/or use of the Services on the Sites. We reserve the right to send you emails or other electronic messages for administrative and/or marketing purposes unless you opt-out.  We also collect your email addresses voluntarily when you join our Cyber Club or otherwise request to be placed on our customer lists for specific events at the Venue.

Online feedback

You will have the option to provide feedback on your experience with the Services on the Sites to improve our services via the Feedback link and other social media links on the Sites. Your participation is completely voluntary. Your comments via such social media links will not be associated with any of your personal information.

Cookies

Cookies help establish a user session and allow our server to correctly provide site users with the appropriate information, services and/or advertisements. We also use cookies to ensure you obtain the information you request and to authenticate your authority to access the Services on the Sites. In addition, we use cookies to track usage in order to improve the Sites and Services in accordance with our customers' needs.

While most people accept cookies, you can configure your browser to not accept cookies from us or from third party companies, like third party ad servers. If you choose not to accept our cookies, however, and are a registered user, you will not have access to your personal information on the Sites.  In addition, if you disable our cookies you will not be able to use our Services on the Sites. There may also be other site functionality which may not function properly if your browser does not accept cookies.

Domain names

Information regarding domain names is aggregated to measure the number of visits, average time spent on the Sites, pages viewed and similar site usage information in order to know how to improve the Sites’ content.

Children

No information we collect from children known to be under the age of 13 is used for any marketing or promotional purposes. Such information is used solely to provide the Services with parental consent. However, we will give out personal information about children if required by law, for example, to comply with a court order or subpoena or to protect the safety and security of visitors and our Sites.

Law enforcement / Legal processes / Other uses

American Airlines Center may disclose personal information if required to do so by law, court order, subpoena or other legal process, as requested by a governmental or law enforcement authority, when it is necessary to protect the rights or property of American Airlines Center, our customers, our websites or their users, or when we believe in good faith that it is in the interests of security or that disclosure is otherwise necessary or advisable. American Airlines Center and/or its service providers may be required by law, by government authorities or by law enforcement officers acting under color of law, to allow them access to some or all of your communications on or through the Services on the Sites. By using the Services on the Sites you expressly consent to the transfer of your communications, including identifying information associated with the use of the Internet via your device, as well as certain necessary personally identifiable information, searches or communications, to American Airlines Center and/or its service providers in the American Airlines Center States, in order to receive the Services on the Sites and to comply with legal requirements. You also understand and expressly agree that: 1) American Airlines Center's service providers are obligated to enable access to any of the information discussed in this policy to governmental or law enforcement authorities for law enforcement purposes, and 2) American Airlines Center and its service providers may disclose any such information if served with a court order, subpoena or other legal process.

Sale of Assets

We reserve the right to assign or transfer your information to any successor in interest to our organization associated with the Venue or the Services on the Sites by merger, reorganization, sale of all or substantially all of our assets or equity interests or operation of law.

How can you access your information?

If you are registered and have used our Services that you can send a request to [email protected] for copies of information that our  system holds.

American Airlines Center may send required notifications via e-mail to keep you informed of the status of your orders or accounts and to provide updates and technical notices. This service is used for messages that are important for the features and functionality of our Services on the Sites.  When you purchase Venue tickets or products or register for one of our Services online, we require an e-mail address for completion of the transaction, which we will use for these communications.  In order to stop receiving these notifications, please contact our technical support team at [email protected]. You will be opted out of further communications within reasonable period of time (not to exceed 30 business days).

How is the information collected online protected?

American Airlines Center maintains commercially reasonable safeguards to ensure the security, integrity and privacy of the personal information provided by you. Such security safeguards are intended to be appropriate to the sensitivity of the personal information collected.   American Airlines Center will regularly review its security standards and procedures to protect against unauthorized access to personal information. When you place orders to purchase services or access your account information, we use secure servers to protect your personal information. Secure Socket Layer (SSL) software encrypts the personal information that is transmitted between you and our websites.

Although American Airlines Center takes reasonable steps to safeguard and to prevent unauthorized access to your private information, it cannot be responsible for the acts of those who gain unauthorized access, and American Airlines Center makes no warranty, express, implied or otherwise, that we will prevent unauthorized access to your private information.

Personal information may be processed by American Airlines Center in the country where it was collected as well as other countries (including the United States) where laws regarding processing of personal information may be less stringent. Please note that personal information gathered online from the Services on the Sites will be transmitted, stored and processed in the United States and Canada.  By submitting your personal information to American Airlines Center, you expressly consent to the collection, transmittal, storage, use and processing of your personal information according to this Privacy Policy. 

Other websites

This Privacy Policy covers only the Services on the Sites for American Airlines Center and its corporate affiliates. While we make every effort to protect your information on our websites, we do not control the policies of third-party sites accessible from links on our Sites. As such, we have no control over third-party sites' privacy policies or use of any personal information you or others may share with them. Please do not assume that this Privacy Policy covers those other sites.

Protect your personal information

In order to protect your privacy and American Airlines Center's proprietary databases and systems, we recommend that you not share any of your personally identifiable information with any third-party information aggregators that would allow them access to sensitive account information.

How can you contact us?

If you have comments or questions about this Privacy Policy, please email us at [email protected] Please reference this Privacy Policy in those communications.

Legal effect and changes to the policy

As indicated, this Privacy Policy is not a contract nor does it otherwise create any legal rights or obligations. Rather, this Privacy Policy merely reflects guidelines setting forth American Airlines Center's intended business practices. American Airlines Center, in its discretion, may amend, interpret, modify, or withdraw any portion of this Privacy Policy and related business practices at any time by posting updated text on the Sites, and your continued use of the Services on the Sites constitutes your consent to those changes.

This Privacy Policy is effective as of November 8, 2018.

 

AAC General Website User Terms and Conditions

Effective Date:  December 7, 2018

PLEASE READ CAREFULLY.  These General Website User Terms and Conditions (these “User Terms”) are a legally binding contract between you and Center Operating Company, LP doing business as American Airlines Center ("AAC" or "our" or "we" or "us") pertaining to the access and use of the online services offered, and all products, information content, media, printed materials and online or other electronic documentation (the “Services”) accessible on American Airlines Center's official websites, including www.americanairlinescenter.com and www.aacntr.com, mobile applications and social media accounts (collectively, the “Sites”). These User Terms cover the access or interaction of our Sites with you using any device identification and software signatures or browser information from your personal smart phone, tablet or computer devices (each a “Device”) enabled with our mobile application and/or during an event from any seat, suite or public or private area in or adjacent to the American Airlines Center operated by or for AAC (collectively, the "Venue"). For purposes of these User Terms, AAC includes certain affiliates of AAC, including DSE Hockey Club, LP (d/b/a Dallas Stars) and Dallas Basketball Limited (d/b/a Dallas Mavericks).

BY ACTIVATING, PURCHASING, ACCESSING, OR USING THE SERVICES ON THE SITES, YOU ACKNOWLEDGE YOUR CONSENT TO BE BOUND BY THESE USER TERMS.  IF YOU ARE AGREEING TO THESE USER TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE USER TERMS AND ALL USERS WHO OPEN USER ACCOUNTS UNDER SUCH ENTITY’S ACCOUNT, IN WHICH CASE “YOU” SHALL MEAN SUCH ENTITY.  IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE USER TERMS, YOU MUST SELECT THE “DO NOT ACCEPT” BUTTON AND YOU MAY NOT ACCESS OR USE THE SERVICES ON THE SITES. 

Electronic Signature Consent to These User Terms and Online Agreements

Please read these User Terms carefully, as your access to the Venue or use of the Services on the Sites constitutes your acceptance of these User Terms.  By clicking on the “AGREE” or “YES” button or other indicator of your electronic acceptance of these User Terms, you agree to conduct each transaction by electronic means and AAC and you hereby state that electronic signatures shall have the same force and effect as original or hand-written signatures with respect to these User Terms and all electronic records or transactions entered into between you and AAC with respect to the Services on the Sites offered to you by AAC. You hereby affirm your intent to conduct transactions using electronic signatures and records. You may revoke approval of this electronic signature process at any time with prior written notice to AAC; however this will result in AAC’s suspension or termination of all transactions and/or access or use of the Services on the Sites absent your acknowledgment of agreement or consent by other valid legal means.

Binding Terms. 

These User Terms include hyperlinks to additional terms and conditions that govern your access and use of the Services on the Sites, including:

  • Privacy Policy. The collection and use of information, including personally identifying information, is subject to our Privacy Policy. As set forth in the Privacy Policy, you consent to receiving certain other communications from us, such as transaction orders, product deliveries, newsletters about new Venue features and content, special offers, promotional announcements and customer surveys via email or other methods. [INSERT LINK]

If you are found to be in violation of these User Terms at any time, as determined by AAC in its sole discretion, AAC may warn you, suspend the affected Services on the Sites, or terminate your accounts.  AAC may change these User Terms (including the Privacy Policy) at any time, and, while AAC may send written notice of any such changes, it is your responsibility to keep up-to-date with and adhere to the posted User Terms.  Your continued access to or use of the Services on the Sites following any such change constitutes your acknowledgement of such change and your agreement to follow and be bound by the modified terms and conditions, if any. 

Account Set-Up

Browsing the Sites’ public pages is currently provided free of charge to any person. You also can sign up for our clubs and email listings or newsletters without setting up an account.  However, access to certain features of the Services on the Sites will require an account to be first established and activated.

Note that certain features of the Sites, including ticket or store purchases for events at the Venue or employment opportunities at the restaurants and shops in the Venue, redirect you to other sites operated by AAC’s authorized service providers, including Ticketmaster and Levy. AAC does not control or administer any accounts that you set up with those vendors.

Establishing an Account Administered by AAC.  You may sign up for an account by logging into our official website for the Services on the Sites administered by AAC, completing the online forms and following the directions to submit a request to become a customer and set up an account. As part of the account activation process, you must certify that you are 18 years of age or older and a resident of the United States of America. When you register for an account, you will be asked to create a unique user name and password, and enter a valid email address for your account and you also may be asked to identify each Device from which you will access the Services on the Sites. You will be asked whether you have read and agree to abide by these User Terms and any additional terms set forth on the account set up page.  If you answer "I agree" and you otherwise are eligible, your account may be activated. If you answer "I Do Not Agree" or otherwise are not eligible, your account will not be activated and you will not be permitted to access the Services on the Sites. 

Activation.  AAC reserves the right to decline to activate an account for any person for any reason. If your account is activated, you will receive a notification email immediately after you register.  Once you have confirmed, you will be permitted to log in, view, load, and use the specific features of the Services on the Sites for which you have been registered. By making such confirmation, you acknowledge that you have read these User Terms, understand your rights and obligations, and agree to be bound by these User Terms. You acknowledge that certain features of the Services on the Sites may be provided subject to additional terms and conditions (or a separate written agreement only) and you agree that you will abide by such additional terms and conditions applicable to those Services on the Sites. 

Password Protection.  You must have a password to access the Services on the Sites online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account made by you or others. You will immediately notify AAC if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security.  You will be permitted to access only those portions of the Services on the Sites and the Venue for which you have been granted permission to use by AAC.

Account Requirements.  In consideration of your use of the Venue and the Services on the Sites, you agree to:  (i) provide true, accurate, current, and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current, and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Venue or the Services on the Sites or any portion thereof.

Site Content and Suggestions

Posted Content.  You acknowledge and agree that any information or content posted to the Sites, including AAC’s social media pages, may be viewed by the general public and will not be treated as private or confidential.  You agree that AAC may use (or not use, at AAC’ sole discretion) any content posted on AAC’s social media pages or the Sites in any manner that it deems necessary or appropriate.  You authorize AAC and its affiliates and licensees, without compensation to you or others, to copy, reproduce, incorporate, distribute, publicly display or otherwise use such information in furtherance of its operations throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason.  To the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any content posted by you.  By posting such content, including without limitation text, photos, video or audio recordings, on AAC’ social media pages or the Sites, you represent to AAC that you own or have the right to use and permit AAC to use such content in the manner stated above.  If you identify yourself by name or provide a picture or audio or video recording of yourself on AAC’s social media pages or one of our public forums on the Sites, you further authorize AAC and its affiliates and licensees (without compensation to you or others) to reproduce, print, publish, and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of AAC’s operations throughout the world, and any such permission cannot be revoked for any reason.  Although AAC reserves the right to remove without notice any posting for any reason, AAC has no obligation to delete content that you personally may find objectionable or offensive.

Freedom to Use Ideas. Any and all ideas, methods, concepts, know-how, structures, techniques, inventions, developments, processes, discoveries, improvements, and other data, information and materials processed, collected or developed in and during your use of the Services on the Sites or the performance of the Services on the Sites may be used by AAC, without an obligation to account, in any way AAC deems appropriate, including by or for itself or its customers. Any suggestions, enhancement requests, recommendations or other feedback provided by you in connection with the Services on the Sites (collectively the “Feedback”) shall belong exclusively to AAC and its service providers, and, if required and upon request by AAC, you irrevocably agree to assign and, upon its creation, automatically assign to AAC the ownership of such Feedback, including all intellectual property rights therein, absolutely and without the necessity of any additional consideration. Nothing in these User Terms will preclude or limit AAC from providing software, materials, or service for itself or other customers, irrespective of the possible similarity of such software, materials, or service to those that might be delivered to you. You acknowledge that AAC may monitor and collect data related to the use of the Services on the Sites for analysis, verification, and system operations maintenance in accordance with AAC’s Privacy Policy. You acknowledge that AAC will enter into contracts with other customers who may or may not be within the same market or territory as you and that nothing in these User Terms shall restrict or limit AAC from offering the Services on the Sites to any other person or entity in any industry both during and after the term of these User Terms.

Site Content. Unless otherwise indicated, AAC or its licensors holds the copyright to all materials on the Sites, including without limitation, research materials, photographs, text, graphics, logos, icons, images, content, sound recordings, tutorials, white papers, audio/visual clips and design (the “Materials”).  Additionally, AAC owns all of the trademarks, service marks, slogans and logos (collectively, the "Marks") used and displayed on the Sites, unless otherwise noted.  Without the explicit consent of AAC, no material from the Sites (including, without limitation, the Marks), may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way.  Nothing in these User Terms constitutes a waiver of any rights under copyright laws or any other federal, state or local law, regulation, ordinance or treaty.  Nothing in these User Terms should be construed as conferring by implication, estoppel or otherwise, any license or right under or to any intellectual property right, including without limitation, any patent, trademark, service mark or copyright of AAC or any third party. Unless otherwise indicated, AAC allows you to view and print information, documents, and web pages located on the Sites for your own personal use but not for resale provided that the copies must retain any copyright, intellectual property, proprietary or other notices or disclaimers contained in the original materials. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks owned by AAC or its licensors. 

AAC IP.  You acknowledge and agree that as between you and AAC, title to and ownership of AAC’s proprietary technology, and all intellectual property rights relating thereto, including without limitations, copyrights, hardware designs, algorithms, software, website content and “look and feel,” software and user-interface designs, architecture, documentation (both printed and electronic), network designs, know-how, libraries, data, databases, trademarks, patents, trade names, trade dress, methodologies, trade secrets, confidential information, and any related intellectual property rights and goodwill associated with the foregoing throughout the world (whether owned by AAC or licensed to AAC from a third party), and any derivatives, improvements, enhancements, or extensions of any of the foregoing, conceived, reduced to practice, or developed whether alone or jointly with others by AAC or you (collectively, “AAC IP”), are and will remain vested in AAC at all times and for all purposes. 

Your Obligations.  You will not knowingly take any action inconsistent with AAC’s rights in and to the AAC IP. You shall not (i) permit any third party to access the Services on the Sites except as permitted herein, (ii) create derivate works based on the Services on the Sites, (iii) copy, frame or mirror any data or content of the Services on the Sites, (iv) reverse engineer the Services on the Sites, or (v) access the Services on the Sites in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Services on the Sites. You shall (1) be responsible for compliance with these User Terms, (2) be responsible for the accuracy, quality and legality of your data and of the means by which you acquire your data, (3) use commercially reasonable efforts to prevent unauthorized access to or use of the Services on the Sites, and notify AAC promptly of any such unauthorized access or use, and (4) use the Services on the Sites only in accordance with related user documentation and applicable laws and government regulations. You shall not (a) make the Services on the Sites available to any third parties, (b) sell, resell, rent or lease the Services on the Sites, (c) use the Services on the Sites to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third party privacy rights, (d) use the Services on the Sites to store, process or transmit viruses, worms, bots, data mining code, or other harmful or malicious code, files, data, scripts, agents or programs, (e) interfere with or disrupt the integrity or performance of the Services on the Sites or third party data contained therein, or (f) attempt to gain unauthorized access to the Services on the Sites or their related systems or networks. You shall comply at all times with any Services-related acceptable use policy, as may be published or made available by AAC. You agree to indemnify, hold harmless, and defend AAC, its officers, directors, employees, agents, affiliates, subsidiaries, successors, users, service providers and assigns from and against any and all claims, demands, damages, costs, and expenses, including reasonable legal fees and expenses incurred by AAC, in connection with a breach of any of the limitations and obligations set forth in these User Terms by you and any access or use of the Services on the Sites and the Venue by you or anyone accessing the Services on the Sites and the Venue via the account passwords established by you. 

Consumer Review Fairness Act.  The Consumer Review Fairness Act gives you certain protections against “gag” clauses prohibiting the disparagement of a service provider’s service offerings.  The parties acknowledge and agree that, notwithstanding anything to the contrary herein, no clause in these User Terms shall be constructed to (i) prohibit or restrict the ability of, or impose a penalty or fee against, you from engaging in any Covered Communication or (ii) transfer or require you to transfer to AAC any intellectual property rights in any otherwise lawful Covered Communication other than the non-exclusive license set forth in this clause; provided however that: (1) the foregoing shall not affect (A) any duty of confidentiality imposed by law, (B) any civil actions for defamation, libel or slander or any similar causes of action, or (C) AAC’s right to remove or refuse to display publicly on an Internet website or webpage owned, operated or otherwise controlled by AAC any Covered Communication that contains the personal information or likeness of any person, or is libelous, harassing, abusive, obscene, vulgar, sexually explicit, or is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or is unrelated to the goods and Services on the Sites offered by or available in the Venue; and (2) the foregoing shall not apply to the extent that the clause in these User Terms prohibits disclosure or submission of (A) trade secrets or commercial or financial information obtained from any person and considered privileged or confidential, (B) personnel and medical files and similar information, the disclosure of which would constitute a clearly and unwarranted invasion of personal privacy, (C) records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly and unwarranted invasion of personal privacy, (D) content that is unlawful or otherwise meets the requirements of subsection (2)(C) above, or (E) content that contains any computer viruses, worms, or other potentially damaging computer code, processes, programs, applications or files.  You grant AAC, its successors and assign, the non-exclusive, perpetual, irrevocable, fully-paid, royalty-free right to copy, use, reproduce, edit, display, or commercially exploit any Covered Communication, in whole or in part, in any media (including Internet) whether now known or hereafter created, without the requirement of an accounting or prior written notice to you by AAC.  For purposes of this Section, “Covered Communication” means any written, oral or pictorial (including pictures, photographs, video, illustrations and symbols) review, performance assessment of, or other similar analysis of, including by electronic means, the Services on the Sites or any conduct of AAC by you.

Sponsors and Advertisers

AAC may choose to acknowledge certain persons and companies who have purchased or obtained sponsorships or advertisements related to the Venue or any events hosted at the Venue.  Such acknowledgement may be in the form of recognition on the Sites by use of such persons or companies' own names or marks and/or links to such person or companies' own websites.  If you choose to click on the links to any of our sponsors' or advertisers’ websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our sponsors or advertisers, you do so on your own initiative and you agree that AAC is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such sponsors or advertisers in conjunction with the Sites.  AAC makes no representations or warranties about the quality of products or services actually provided by a sponsor or advertiser to any user of the Services on the Sites.

Transactions or Ticket Orders

AAC will collect information online related to the purchasing or obtaining tickets, sponsorships, fundraisers, suites, booking events, suites, boxes, premium services and other activities related to the Venue online via the Sites.  AAC reserve the right to accept or reject any order, request or inquiry for such purchases or transactions in its sole discretion, and any such purchases or transactions will be handled in accordance with AAC’s standard business practices and policies and procedures and subject to your execution and adherence to AAC’s standard contract and agreements applicable to the purchase or transaction so requested. All Venue event ticket and product sales initiated from the Sites are handled, fulfilled and administered by AAC’s authorized service providers and vendors, including Ticketmaster, and you will be redirected to such service providers’ website in order to complete those transactions, which may be subject to the additional terms and conditions required by such service providers and vendors.  AAC does not control the operations of such third party service providers and vendors or any of their sites linked from the Sites.

Service Levels

Devices. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF YOUR DEVICE, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICES ON THE SITES.  By using the Services on the Sites, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Services on the Sites.  If your device is sold, lost or stolen, please deactivate the Services on the Sites for that device.

Availability of Service.  AAC reserves the right to establish general practices and limits concerning the Services at any time (and may modify such practices and limits at its sole discretion).  You agree that AAC shall have no responsibility or liability for the deletion or failure to deliver or store any information, pictures, content or email provided by or stored by you, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of AAC.  You agree that AAC shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Services.

Service Updates.  We may update the Services on the Sites in its sole discretion. In addition, we continually test various aspects of the Services on the Sites, including the mobile applications, user interfaces, promotional features, updates, fixes, optimizations, delivery, and pricing.  We reserve the right to, and by using the Services on the Sites you agree that we may, include you in or exclude you from these tests without notice.  We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate the Services on the Sites.

Suspension of Service.  AAC reserves the right to suspend access to the Services on the Sites at any time if AAC concludes that you are in violation of these User Terms, or your use is negatively impacting the performance of the Services on the Sites. AAC may or may not notify you in advance of such suspension. Enforcement may be both automated and manual, and can include disabling access, restricting access to certain functionality, or any other similar action deemed appropriate by AAC.

Applications. You may encounter third-party applications (including, without limitation, websites, social media accounts, widgets, software, or other software utilities) (“Application(s)”) that interact with the Services on the Sites. These Applications may export or import data related to your account and activity, or permit AAC to access your accounts on third party sites (including Facebook, Instagram, Twitter, and Pinterest) and otherwise gather data from you or allow AAC and its service providers to import or extract data from your account on these social media sites or to process a transaction related to an event at the Venue. These Applications are provided solely as a convenience to you, and AAC is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO OR SPONSORED BY AAC AND MAY NOT BE AUTHORIZED FOR USE WITH THE SERVICES ON THE SITES.  USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.  By using or accessing these Applications via the Services on the Sites, you authorize and consent to AAC and its service providers access and use of your account and any import, export, gathering or processing of your content or data via the Applications for any and all purposes permitted by law.

Services Indemnification.  IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE USER TERMS, YOU WILL INDEMNIFY AND HOLD AAC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED BY AAC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AFFILIATES, LICENSORS AND SUPPLIERS PERTAINING TO AAC’S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU, YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW), YOUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON AAC’S OWN NEGLIGENCE.  IN NO EVENT SHALL AAC’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY SUCH INFORMATION OR CONTENT DISCLOSED OR PROVIDED TO THE SERVICES ON THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.

 

LIMITATIONS ON LIABILITY AND WARRANTIES. 

Limitation of Liability.  IN NO EVENT SHALL AAC OR ITS SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOST SAVINGS, LOST DATA, COMMERCIAL LOSS OR BUSINESS INTERRUPTIONS INCLUDING LOSS OR DELAY OF BUSINESS OPERATIONS OR OTHER INCIDENTAL OR CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCURRED BY YOU UNDER ANY CIRCUMSTANCES WHATSOEVER EVEN IF AAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES PROVIDED IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

Disclaimer of Warranties.  THE SERVICES ON THE SITES IS PROVIDED BY AAC AND ITS SERVICE PROVIDERS ON AN “AS-IS” “WITH ALL FAULTS” BASIS WITH NO WARRANTY OF ANY KIND.  EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, AAC MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT, ORIGINALITY, OR FITNESS FOR A PARTICULAR PURPOSE, IRRESPECTIVE OF ANY PREVIOUS COURSE OF DEALINGS BETWEEN THE PARTIES OR CUSTOM OR USAGE OF TRADE.  IN NO EVENT SHALL INDEMNIFICATION BE PROVIDED FOR A CLAIM FOR BREACH OF WARRANTY AGAINST AAC.

Cumulative Liability.  AAC’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE USER TERMS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY YOU FOR THE SERVICES ON THE SITES GIVING RISE TO THE CLAIM FOR, OR ALLEGEDLY CAUSING, THE DAMAGES, OR $100, WHICHEVER IS GREATER.

Allocation of Risk.  EACH PARTY ACKNOWLEDGES THE ALLOCATION OF RISK SET FORTH HEREIN AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THE AGREEMENT SET FORTH IN THESE USER TERMS WITHOUT THESE LIMITATIONS OF LIABILITY.

Term And Termination

Term.  These User Terms are in effect from the date that your first access the Sites or you download our mobile application to access the Sites, whichever is earlier, and continues in effect until terminated in accordance with these User Terms.

Termination.  AAC may terminate your may terminate your access to the Sites or the Services at any time for any reason.  Cause for such termination shall include, but not be limited to:  (i) breaches or violations of these User Terms; (ii) requests by law enforcement or other government agencies; (iii) a request by you (self-initiated account deletions); (iv) discontinuance or material modification to the Services (or any part thereof); (iv) unexpected technical or security issues or problems; (v) extended periods of inactivity; (vi) fraudulent or illegal activities performed by or on behalf of you in connection with the Services or the Sites; (vii) discontinuance of the Services as a whole; (viii) a statement by you that you no longer agree to these User Terms, or a statement by you otherwise requesting termination of your access to the Services; and/or (ix) any other reason considered by AAC to be in its best interest.

Notice of Claims of Intellectual Property Violations

AAC does not knowingly permit the use of content on the Sites that infringes on the copyright, trademarks or rights of publicity of others, and will remove any such content that violates the copyright, trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these User Terms.  If you believe that any of the content on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide the following information to AAC’s legal counsel:

1.         A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2.         Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the Sites, a representative list of such works, marks or publicity rights.

3.         Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AAC to locate the material.

4.         Information reasonably sufficient to permit AAC to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

5.         A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.

6.         A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

AAC’s agent for the notice of any claim of infringement of any copyright, trademark or right of publicity is its legal counsel, who can be reached, as follows:

By email:         [email protected]

By mail:           Attention:  Legal

                        American Airlines Center

                        2500 Victory Avenue

                        Dallas, Texas 75219

                       

Please provide all of the information requested above.  No specific form is required to provide AAC with notifications of possible infringement.  However, it will take AAC longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.  Also please note that, due to security concerns, attachments cannot be accepted.  Accordingly, any notification of possible infringement submitted electronically with an attachment will not be received or processed.

General Provisions

Governing Law.  These User Terms will be governed by and construed in accordance with the laws of the State of Texas (without regard to any conflict of laws rule or principle that might refer governance or construction of this Agreement to the laws of another jurisdiction).  Venue for any dispute or action arising from these User Terms shall be proper only in Dallas County, Texas, USA and you consent to exclusive personal jurisdiction in the courts lying in Dallas County, Texas, USA.

Entire Agreement.  These User Terms (together with any policies or documents referenced herein) shall constitute the entire and integrated agreement between the parties with respect to the Services on the Sites for the Venue.  There are no understandings or agreements relating thereto that are not fully expressed herein, and no change or waiver is valid unless it is in writing and executed by the party against whom it is sought to be enforced.  

Force Majeure.  In the event either party is prevented from performing, or is unable to perform, any of its non-monetary obligations hereunder due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be excused and the time for performance will be extended for the period of delay or inability to perform due to such occurrence. 

Severability.  If a court of competent jurisdiction finds any provision of these User Terms to be unenforceable, the remaining provisions will be enforced, with substitution as necessary to give reasonable overall effect to the terms of these User Terms. 

Injunctive Relief.  The parties understand and agree that the breach of any covenants set forth in these User Terms may cause irreparable injury to AAC for which no adequate remedy at law will be available.  Therefore, AAC will be entitled, in addition to such other remedies as it may have hereunder, to a temporary restraining order and preliminary injunctive relief for any breach or threatened breach of these User Terms without first posting bond or proving damages. 

Business Relationship. These User Terms do not create any agency, employment, joint venture, partnership, representation, or fiduciary relationship between the parties.  No party has the authority to, nor will a party attempt to, create any obligation on behalf of another party as a result of these User Terms.

Notices.  All notices shall be sent by certified mail, return receipt requested, to you and AAC at the addresses and to the attention of the persons designated in your account.  AAC also may communicate with you through alerts and email in the Services on the Sites or from AAC’s website.  You must ensure that all email addresses associated with your account are current and your system will not filter out these alerts or emails.

No Assignment. You may not assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of AAC. AAC may assign or subcontract its rights and obligations under these User Terms without prior written notice or consent to you.

Publicity.  AAC may post a customer case study or issue a press release(s) regarding the access and use of the Services on the Sites by you and the business relationship established under these User Terms at any time during and after the term of these User Terms.  AAC expressly prohibits any use, reference to, or other affiliation of its name, trademarks, service marks or trade names with you or any third party, except, in each instance, as expressly authorized in writing by AAC and subject to AAC’s quality control.

 

Arbitration of Claims. 

PLEASE READ THIS CAREFULLY.  WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.

At AAC, we expect that our world-class customer service team will be able to resolve most issues you may have using the Services on the Sites.  You can find frequently asked questions or contact our customer service team by going to our help center.  In the unlikely event that an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later.  Accordingly, you and AAC agree to the following resolution process.

In an attempt to find the quickest and most efficient resolution of our issues, you and AAC agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at:  [INSERT CONTACT ADDRESS].  If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for AAC.

If we do not reach an agreed upon solution after our discussions for at least thirty (30) days, you and AAC agree that any claim that either of us may have arising out of or relating to these User Terms (including formation, performance, or breach of them), our relationship with each other, or use of our Services on the Sites must be resolved through binding arbitration before the American Arbitration Association using its Consumer Arbitration Rules, available at www.adr.org. Upon your written request, as an exception to this arbitration agreement, AAC may give you the right to pursue in small claims court any claim that is within that court’s jurisdiction as long as you proceed only on an individual basis.

To help resolve any issues between us promptly and directly, you and AAC agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived.  You and AAC also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.

Any arbitration hearings will be held in Dallas, Texas.

You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.  If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules.  Regardless of who initiates the arbitration, AAC will pay any other arbitration fees, including your share of arbitrator compensation.

It is important that you understand that the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction.

If you’re not sure what all of this means, please feel free to ask an attorney.

Specifying what happens if an issue arises with one of our users is never a fun topic.  But we pride ourselves on transparency and we thank you in advance for understanding why it’s important that you and AAC agree on the process described in this Section.