APA WEBSITE ACCEPTABLE USE POLICY ("AUP")
Effective Date: June 10, 2019
All use of the "members only" portions of the Allied Pilots Association ("APA") Internet Services, including but not limited to its website, forums, and server-based applications, and any of its subparts, (collectively referred to as "Services"), is subject to the following general and specific Terms and Conditions of Use adopted by the APA Board of Directors under the authority provided to the Board by the APA Constitution and Bylaws and Policy Manual. The General Terms and Conditions set forth below apply to all aspects of the Services. Specific Terms and Conditions applicable to particular subparts of the Services are also set forth below or are listed at or within the particular subpart, or both. In what follows, the term "User" means you as a person with authorized and lawful access to the Services.
General Terms and Conditions
Members Only: Access to Services that are password-protected is restricted exclusively to authorized members of APA and those individuals whom APA has expressly granted access to the Services (e.g., APA staff and consultants). Unauthorized users and personnel from American Airlines or any other airline are expressly prohibited from accessing any of the Services or the information contained on the Services for any reason.
Password Protection and Accountability: Each User is responsible for any and all Services activities occurring under their account. Each User is also obligated to take reasonable precautions to secure User's password against dissemination to others without lawful access to the Services. If a User learns that User's password has come into possession of one without lawful access to the Services, the User must promptly inform the APA so that the APA can secure the Services against unlawful access. Authorized Users may not delegate, assign, grant, transfer, or share access to APA websites to any other person or entity, and may not share, provide, grant, or transfer access credentials, including passwords, to any other party, regardless of whether the other party is an authorized user or not.
Impersonation: User will not impersonate any other person or entity while using the Services and will not assist anyone without lawful access to the Services in accessing or using those Services.
Services Disruption: APA is not responsible or liable for any service or network disruption to its Services. A User will not disrupt the flow of communications to or from or adversely affect the performance or availability of the Services to other Users. Each User will take reasonable precautions to avoid the transmission of computer viruses to the Services.
Availability and Changes to Terms: These terms and conditions will be continuously available from a link on at least the central pages of the APA Web site and may be amended by the APA Board of Directors. Notice of all changes will be distributed by e-mail to all authorized Users for whom APA has e-mail addresses on file. APA reserves the right to change or amend this AUP or the General or Specific Terms and Conditions without notice and without liability. The User is responsible for regularly reviewing the AUP and Terms and Conditions. Use of these Services indicates a User's agreement with the AUP and any General and Specific Terms and Conditions. Users who disagree with the AUP and any of the General or Specific Terms and Conditions should not use C&R. APA reserves the right to cancel, interrupt, suspend, or terminate all or part of its Services with or without notice.
Choice of Law and Arbitration Clause: This site is remotely accessible throughout the United States and the world. By accessing this site, you agree to be subject to Texas law and agree to be subject to personal jurisdiction in the counties of Tarrant or Dallas within the State of Texas. Users are required to submit any claims, controversies, disputes, or disagreements against APA regarding use of Services and this site to mandatory and binding arbitration. Arbitrators will be selected by strike method from the approved APA Appeal Board list of arbitrators, or if no arbitrator on the Appeal Board list is available, by an arbitrator selected by the American Arbitration Association ("AAA"). Any disputes arising out of the use of this site will be governed by Texas law regardless of any conflict of laws, and, in the event any claim or dispute shall be filed in a judicial setting, may only be filed in Tarrant County, Texas.
Indemnification: User agrees to indemnify, defend, and hold APA harmless from and against any and all claims, demands, proceedings, grievances, arbitrations, suits and actions (including appeals), including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including reasonable attorneys and arbitrator fees), and costs (collectively, the "Claims"), based on, arising out of or resulting from your use these Services and this site, including without limitation any Claims alleging facts that if true would constitute your breach of the AUP and any general or specific Term and Condition. As used within these Terms and Conditions, APA includes its National Officers, Domicile Representatives/members of the Board of Directors, and APA employees, staff, and agents.
If you do not agree with this AUP or any of these General or Specific Terms and Conditions, please exit the site now.
Specific Terms and Conditions for the Use of Challenge and Response
The APA has created the Challenge and Response Forum ("C&R") to share information, news, and view-points to promote open union discourse and the sharing of ideas among its membership in a positive space. Challenge and Response is reserved for and is available to apprentice members in good standing, active members in good standing, inactive members, and retired members. APA members holding management positions with American Airlines and non-members are not authorized use of C&R. APA may authorize access to and use of C&R to additional users for purposes of maintenance and administration. Use by any others on C&R that is not specifically granted by the Association is strictly prohibited and may result in legal action.
C&R is not monitored by APA for enforcement of this AUP or its Specific Terms and Conditions but will respond to complaints or reports of unauthorized use or violations of this AUP or its Specific Terms and Conditions. Members are encouraged to be active participants in maintaining the positive and constructive atmosphere of C&R by self-policing threads and posts on C&R. Posts which violate the AUP or these Specific Terms and Conditions may be reported to APA using the Report link within C&R. C&R is meant to be a way for APA members to come together to share ideas and viewpoints and to promote constructive dialogue. C&R should make the APA a stronger, more unified labor organization by members exercising union rights of free speech. Posts and threads on C&R may not be shared or provided to third parties, including American Airlines and its management.
APA reserves the right to remove posts or threads consistent with its need to comply with APA's legal and contractual obligations, or to remove posts or threads which create safety risks, encourage illegal behavior, defame, harass, or which exhibit or promote behavior prohibited by this AUP or these Specific Terms and Conditions, or which is prohibited by law. By continuing on to and using C&R, you agree to comply with this AUP and its Specific Terms and Conditions. Failure to comply with this AUP and these Specific Terms and Conditions may result in escalating order (1) your posts and/or threads being deleted without prior notice, (2) User suspension or termination from C&R and/or APA website Services, or (3) legal (civil and/or criminal) action.
Prohibited activity and conduct that may result in posts or threads being removed, User suspension or termination from C&R and/or APA website services, or legal (civil and/or criminal) action, includes but is not limited to:
1. Bullying and trolling behavior. Threads and posts about particular members APA employees, staff, or agents, that are meant to or which actually unlawfully target, harass, intimidate, threaten, or bully are inappropriate for this forum and are prohibited.
2. Users may not make statements which constitute unlawful harassment or hate speech, promote unlawful discrimination, create a hostile work environment, or which are otherwise inappropriate about another person or group of people based on, but not limited to, age, marital status, religion, national origin, disability, military status, alienage, citizenship, race, color, creed, gender, gender identity, disability, political affiliation, sex, sexual orientation, domestic partnership, pre-disposing genetic characteristic, carrier status, or any other protected category under federal, state and/or local laws and regulations.
3. Users may not make defamatory statements.
4. Users may not encourage or promote illegal job actions in violation of the RLA or other law.
5. Users may not upload, share, distribute, or post any content that is obscene, unlawful, or indecent.
6. Users may not post "Scab" lists.
7. Users shall not post another APA member's or APA employee, staff, or agent's texts, emails, photos, videos, or other communications to C&R without the express permission of that individual.
8. Commercial postings are prohibited. C&R is not a forum to post business ventures, advertisements, pyramid schemes, or other type of business opportunities. Members may not advertise or promote their own business ventures. This also includes but is not limited to: spam, surveys, chain letters, lotteries, purchase specials, or contests. Users may not use this site or materials or information gained from this site for any commercial purpose; users may not copy, reprint, distribute, publish, rely on, create derivative works from, license, sell, transfer, or otherwise use materials or information gained on this site without express permission. Posts soliciting funds for 501(c)3 charities are permitted. Posts soliciting charitable efforts for non 501(c)3 organizations may be removed at APA discretion.
9. Users may not misuse any patent, trademark, copyright, or other intellectual property protected information. Users shall not post or load any content in violation of intellectual property laws.
10.Uploading or posting of viruses, code, software or other programs is prohibited. Users shall not post anything that will embed or cause to be embedded any codes or content that results in any externally-hosted content to appear or be delivered with a post.
11. Impersonating another member or User on C&R is prohibited. Users shall not post or start threads under the name of anyone other than yourself.
Reporting Violations: Users may report conduct that is in violation of the AUP or these Specific Terms and Conditions by clicking on the Report link. Users may delete their own posts at any time. If you require assistance to delete a post or thread, you may click on the Report link or call APA IT or APA Legal. Even if not reported, posts and threads may be removed by APA under this AUP and Specific Terms and Conditions and as authorized by the APA Constitution and Bylaws or as required by law.
APA reserves the right to limit access to C&R or create sub-sections of C&R for specific users or user groups if needed to comply with representational or other legal responsibilities. APA is not responsible for archiving or maintaining a record of any or all posts or threads placed on C&R by its users but reserves the right to do so solely at its discretion.
C&R is for personal use and is hosted on a private website; however, APA does not guarantee or warrant that posts, threads, discussions, or any comments made on C&R will remain private and not be released to third parties. Although these Specific Terms and Conditions prohibit sharing of C&R content with American Airlines, APA does not warrant or guarantee that individual posts or comments will not be provided to American Airlines or its management. Users and their posts and comments should remain professional.
APA does not warrant, guarantee, endorse, or vouch for the information or content posted to C&R by any of its users. APA is not responsible or liable for any of the information or content posted by C&R users. APA discourages posting links to outside websites or sources. APA has no control over or responsibility for websites or links not under its control. Clicking on an outside link is done at the user's own risk. APA is not responsible for any content, activity, or consequences for following outside links. User is solely responsible for any user policies, restrictions, activity, or content of outside links.
If you do not agree with this AUP or these General or Specific Terms and Conditions, please exit the site now.