Terms of Use
Introduction
Welcome to the electronic bulletin board system (BBS) provided by Hawaiian Airlines (Company) for the use of the pilots. Only pilots, the Airline Pilots Association (ALPA) and the Company shall have access to the BBS. The Company provides this BBS subject to compliance with the notices, terms and conditions set forth below. Clicking on the "I Accept" button below constitutes acceptance by you of all such notices, terms, and conditions.
Acknowledgment and Acceptance of Agreement
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS BBS. By using the BBS, you signify your agreement to these terms of use. If you do not agree to these terms of use please do not use the BBS. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this BBS following the posting of changes to these terms will mean you accept these changes.
No Monitoring of Postings
Your messages should be made accompanied by your real name and should not be posted anonymously. The Company has no obligation nor does it intend to edit, monitor or screen users' messages and is not responsible for the content in such messages or any content that may be linked to such messages. Notwithstanding the foregoing, the Company reserves the right to remove any materials that violate the Terms of Use.
In accordance with Hawaiian Airlines' 2000 Pilots Agreement, all e-mail and electronic messages sent and received by users of the system shall be treated as private, and the Company shall not use them in any disciplinary action against a pilot.
User Conduct
All trademarks, service marks, and trade names proprietary to the Company may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.
If you participate in this BBS, you must not:
- defame, abuse, harass or threaten others;
- make any bigoted, hateful or racially offensive statements;
- advocate illegal activity or discuss illegal activities with the intent to commit them;
- invade the privacy of any individual;
- post or distribute any material that infringes or violates any right of a third party or any law;
- post or distribute any vulgar, obscene, discourteous or indecent language or images;
- advertise or sell to, or solicit others, other than concerted activities protected by the National Labor Relations Act;
- use the BBS for commercial purposes of any kind;
- post or distribute any software or other materials which contain a virus or other harmful component; or
- post material that violates the intellectual property rights of another.
The Company will not monitor, edit, or disclose the contents of a user's e-mail or posting unless (a) the user authorizes us to do so; (b) we must do so in order to resolve technical problems within the BBS; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with a legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our employees, our customers or the public. Users shall remain solely responsible for the content of their messages. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.
Indemnification
You are entirely responsible for all activities that occur under your account. This service/ benefit is provided pursuant to the terms of the Hawaiian Arilines' 2000 Piolts Agreement. All user activity is deemed to be outside the scope of employment and shall not be construed to be (a) part of the employee's express duties whether or not on Company's premises at the time of use; (b) in pursuit of the Company's business interests; or (c) under the express or implied authority of the Company to do any acts which cause injury to another.
You hereby indemnify, defend and hold us and our affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
The Company reserves the right to seek all remedies available at law for violations of these Terms, including but not limited to the right to block access to this service/benefit.
Disclaimer
THIS SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE BBS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BBS OR THE SERVERS THAT MAKE SUCH SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE BBS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General Provisions
These Terms of Use shall not supersede the provisions of the Hawaiian Airlines' 2000 Pilots Agreement or any other agreement between the Company, ALPA and the pilots that is in force at the time of your use of this BBS.
These Terms shall be governed by and construed in accordance with the laws of the State of Hawaii, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Honolulu, Hawaii and you hereby consent to personal jurisdiction of such courts for the purposes of litigating such action. If any provision of these Terms shall be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
