Terms and Conditions, and Legal Notices
These Terms and Conditions
These Terms and Conditions are set forth by United Airlines, Inc. and United Cargo (“United”). In addition to all other applicable air waybills, tariffs, contracts of carriage, rules, regulations, rates, charges, policies, guidelines, disclaimers, terms or conditions (collectively, the “Terms”), as a registered or unregistered, authorized or unauthorized user (including user’s employees, invitees, agents, and all other persons with access to user’s passwords) (collectively, “Users”) of United Airlines’ and United Cargo’s website services (“United Services”), you are voluntarily, expressly and knowingly hereby agreeing that these Terms and Conditions apply to your access and use of United Services, and that you are bound by them. If you do not agree, you must not use or permit others to use the United Services.
While these Terms and Conditions are extremely important to you, they are not intended to, and will not be interpreted to, alter, change, modify, amend or nullify any other applicable Terms to the extent such Terms are clearly inconsistent with these Terms and Conditions. Although Users who are not either (1) registered with United as Users of United Services (“Registered Users”) or (2) employees or agents of such Registered Users authorized to act on behalf of such Registered Users, are hereby prohibited from accessing or using United Services, each such Registered User agrees to be and shall be liable to United for and hold United harmless against any acts or omissions of such unregistered or unauthorized Users as a result of their access to or use of United Services by the use of a Registered User’s password or other access device.
Speculative Bookings and Reservations
Unless and to the extent otherwise expressly permitted in writing by United, and regardless of the nature of your business or activity (e.g., shipper, jobber, freight forwarder, freight consolidator, logistics company, corporate client, private individual, consignor, consignee, etc.), you will not access or use, or permit others to access or use, the United Services for: (1) speculative bookings of cargo space, (2) speculative reservations of cargo space, (3) cargo or freight processing, consulting, management, handling or tendering cargo, (4) conducting or participating in networking operations with third-party systems, or (5) performing bookings or reservations for others in return for compensation or any other benefit or thing of value (collectively, “Improper Conduct”). In its sole discretion and in addition to any other rights or remedies available to it, United reserves the right to determine whether the User(s) is(are) engaging in Improper Conduct, charge the Registered User (whose facilities or access rights have been used for Improper Conduct) an Improper Conduct service fee, and a cancellation fee for any unused space, and inhibit, limit or terminate (at any time and from time to time) the Registered User’s access (in whole or in part) to the United Services. All Registered Users agree to indemnify United against all damages, losses or expenses which United suffers or incurs as a result of such Improper Conduct.
Data Protection and Systems Security
All Registered Users shall create and at all times maintain a data and systems security program with comprehensive measures, policies, controls and practices (“Security Measures”) that are necessary to prevent unauthorized or improper access to or use of data and information (or other content) in connection with the United Services (including, but not limited to, Registered User identification codes and passwords). Registered User identification codes and passwords are specific to a business entity and are not related to specific individuals, therefore the Registered User must be diligent in its application and enforcement of its Security Measures. No Registered Users may use or permit any other party to use any hardware or software for access to United Services which causes damage to or loss of United Services, systems, networks, communications or software.
Operation and Use
Users may exhibit the United Services screen displays only to Registered User authorized employees and authorized agents, and use United Services data and information relating only to or generated by the Registered User for the purpose of performing the specific business functions of reviewing cargo space availability, booking and reserving cargo space, modifying or canceling bookings, reviewing existing bookings for Registered User operations and for those of its shipping customers, monitoring its internal operational performance, and other purposes as may be permitted from time-to-time by United, but for no other purpose or function. Any undesignated business use and all non-business uses are strictly prohibited. All Registered Users must promptly notify United of any actual, threatened or suspected unauthorized access, unauthorized use, misuse or infringement of or involving United Services, data, information or content (including, but not limited to, Registered User identification codes and passwords), and will provide reasonable assistance to United in connection with protecting the rights of United in such services, data, information and content.
Liability for Charges or Network Damage
By using, allowing others to use, or failing to prevent unauthorized use of its United Services access rights, all Registered Users hereby agree to be responsible for, and shall hold United and its suppliers and licensors harmless from (1) all charges, fees, duties, taxes and assessments applicable (from time to time) to the User’s access to or use of United Services, and (2) any damages to any communications networks or services (whether common carrier or private networks or services) caused by the User’s access to or use of United Services, in each case where access or use by a User occurs through use of the Registered User’s identification codes, passwords, authorizations, permits, facilities, software, hardware, media, arrangements, or agreements.
Protected Property
The “United” and “United Airlines” and “United Cargo” names, logos, services, associated software, databases, transportation information, data created using the United Services, trademarks, service marks, copyrights, patents, trade dress, moral rights and trade secrets are proprietary to and are the property (the “Protected Property”) of United and its suppliers and licensors. Except as otherwise set forth in the Terms or as expressly permitted by United, the Protected Property may not be used (as a basis for any software development or otherwise), commercially exploited, copied, redistributed, retransmitted, published, sold, rented, leased, marketed, sublicensed, pledged, assigned, disposed of, encumbered, transferred, reverse-engineered, assembled, decompiled, disassembled, or otherwise altered, modified or enhanced, whether in whole or part. United or its suppliers and licensors reserve all rights not expressly granted herein.
Enhancements and Modifications
United retains the right, among others, to enhance or modify the United Services or software at its discretion at any time and from time to time. The User (including the Registered User) hereby agrees that its use of such enhancement or modification will constitute its affirmative agreement to pay United the prevailing charges, if any, then associated with such enhancement or modification, and to follow any additional procedures and instructions associated with the proper use of such enhancements and modifications.
Liability Disclaimer
The information, software, products, and services published on the UnitedCargo.com website (the “Website”) may include inaccuracies or typographical errors. Changes are periodically added to the information herein. United and/or its suppliers may make improvements and/or changes in this Website at any time. United and/or its suppliers make no representations about the suitability of the information, software, products, and services contained on this Website for any purpose. All such information, software, products, and services are provided “as is” and “where is” without warranty, certification, representation or covenant of any kind. United and/or its suppliers hereby disclaim all warranties, representation, covenants and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall United and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Website or with the delay or inability to use this Website, or for any information, software, products, and services obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, strict liability or otherwise, even if United and/or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Class Action Waiver
You agree that the resolution of any dispute, claim, or controversy related to these Terms and Conditions shall be conducted on an individual, not a class-wide basis, and that no such proceeding may be consolidated with any other legal proceedings involving United. You further agree that you, and anyone asserting a claim for you, will not be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding against United.
Forward-Looking Statements
This Website contains forward-looking statements concerning United Airlines, Inc. and Untied Cargo. These forward-looking statements only speak as of the date indicated or, if no such date is indicated, as of the date such statements are posted to this Website. Actual results could differ materially from those described in any forward-looking statements. Please read United’s SEC filings, including its annual, periodic and current reports, as amended, for additional information about the risks, uncertainties and other factors that could cause actual results to differ materially from those in the forward-looking statements. United Airlines, Inc. and United Cargo expressly disclaim any obligation to update, amend, supplement or otherwise revise any forward-looking statements contained in this Website to reflect events or circumstances that may arise after the date indicated, except as otherwise required by applicable law.
The information provided on this Website is provided solely for the reference purposes of Users and should not be relied upon in connection with any investment decision. The information provided on this Website does not constitute an offer to sell or the solicitation of an offer to buy any securities.
Links to Third Party Websites
This Website may contain links and pointers to Internet sites maintained by third parties. United does not operate or control in any respect any information, products or services on such third-party sites. Third party links and pointers are included solely for the convenience of Users, and do not constitute any endorsement by United and/or its suppliers. User assumes sole responsibility for use of third-party links and pointers.
Software Available on This Website
Please note that all software, including without limitation all HTML code and Active X controls contained in this Website, is owned by United and/or its suppliers and is protected by intellectual property and other laws, including without limitation copyright laws and international treaty provisions. Any reproduction or redistribution of the software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Use of Information
Please refer to the United Cargo Privacy Policy.
Any communications you send to this Website or otherwise to United by electronic mail are on a non-confidential basis, and United is under no obligation to refrain from reproducing, publishing or otherwise using them in any way for any purpose. United shall be free to use the content of such electronic mail communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing of goods or services.
Indemnity
As a condition of use of this Website and the United Services, the User agrees to indemnify and hold United and its suppliers harmless from and against any and all liabilities, expenses (including attorney’s fees), lawsuits and damages arising out of claims resulting from User’s use of this Website or the United Services, including without limitation any claims alleging facts that if true would constitute a breach by User of these Terms and Conditions.
Use of Bulletin Board, Chat Rooms, Surveys and Other Communications Forums
To the extent that this Website contains bulletin boards, chat rooms, surveys or other communication forums or facilities (“Forums”), the User agrees to use such Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, the User agrees that when using a Forum, the User shall not:
- Defame, abuse, harass, stalk, threaten, injure, malign, embarrass, falsely accuse or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, distribute or disseminate any defamatory, libelous, infringing, obscene, indecent or unlawful material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User owns or controls the rights thereto or has received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
- Advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or for any commercial purpose.
- Download any file that the User knows, or reasonably should know, cannot be legally distributed via this Website.
User agrees to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this Website only as permitted by these Terms and Conditions, any additional policies or procedures published in this Website from time to time by United, and applicable law. United reserves the right for any reason to remove without notice any contents of this Website received from Users, including without limitation bulletin board postings. United reserves the right to deny in its sole discretion any User access to this Website or any portion thereof without notice. United reserves the right to edit any notices or postings for clarity and length. The User acknowledges that chats, conferences, bulletin boards and any other such communications forums hosted by this Website are public and not private communications. Further, the User acknowledges that chats, postings, conferences, and other communications by other users are not endorsed by United, and such communications shall not be considered reviewed, screened, or approved by United.
Limitation of Remedy
In the event United accepts responsibility, or is determined liable in a court of competent jurisdiction (whether in contract or tort), for any of your damages pursuant to any of your claims associated with this Website, the United Services or their associated software, data, information or other content, your sole and exclusive remedy (but subject to these Terms and Conditions and to the extent permitted by law) will be limited to the reimbursement of any registration fees and service charges paid by you to United for services reserved but not provided by United. You hereby waive any and all rights to bring any claim or action related to matters which are the subject of these Terms and Conditions in any forum beyond two (2) years after the first occurrence of the kind of act, event, condition or omission upon which the claim or action is based. Additionally, you agree that these Terms and Conditions, and any dispute arising thereunder, are governed by the laws of the State of Illinois, USA, without reference to conflicts of laws provisions. You further agree that any legal action you may wish to bring against United, its officers, directors, employees and agents pursuant to these Terms and Conditions, must be brought in a court of competent jurisdiction in the State of Illinois, USA, and User consents to the exclusive jurisdiction and venue of such courts. Use of this Website and the United Services are unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions.
Reservation of Rights
United reserves the right to make any and all changes to this Website at its sole discretion without notice to the User. United reserves the right to deny access to this Website to anyone at any time. You understand and agree that United may, in its sole judgment, at any time and from time to time, modify, restrict or terminate the United Services or your access to the United Services, without any liability or notice, which modification, restriction or termination may be exercised before any applicable refund of any paid-up registration or license fees which may have been paid to United. The use of the United Services under the Registered User’s identification codes and passwords will constitute your agreement not to infringe upon or permit any of your authorized Users to infringe upon any Protected Property or Protected Property rights.
Contact Us
If you wish to contact us regarding this Website, please visit the contact us page to learn how to get in touch and resolve any questions you have.
Any rights not expressly granted herein are reserved. All content of this Website and the United Services are Copyright ©2021 United Airlines, Inc. and/or its suppliers, 233 S. Wacker Drive, Chicago, Illinois 60606.
Text Messaging Terms and Conditions
United Cargo offers a text messaging service that allows you to receive freight shipment details and status information on your mobile device. Please see the text messaging terms and conditions below for full details, including possible fees associated with text messaging. Text messaging service is not available in all countries. By opting in for the United Cargo text messaging service, you, the user, agree to these United Cargo terms and conditions as well as United Cargo’s Privacy Policy. You also agree to the following as it pertains to specific usage of the text messaging service.
Usage
User acknowledges that text messages are distributed via third-party mobile network providers and therefore United Cargo cannot control certain factors relating to message delivery. User acknowledges that, depending on the recipient's mobile provider service, it may not be possible to transmit the text message to the recipient successfully. Wireless carriers are not liable for delayed or undelivered messages. United Cargo does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.
Shipment status notification service
United Cargo’s freight shipment status notification service will send you or others who are using SMS-enabled mobile phones shipment progress updates about your shipments with United Cargo. You will receive notifications about your shipments booked with United Cargo. Text messaging is not available in all countries. U.S. supported carriers are AT&T, U.S. Cellular®, Verizon Wireless, Sprint, Cricket, Boost, Virgin Mobile USA, T-Mobile®, and MetroPCS. Canada supported carriers are Aliant Mobility, Bell Mobility, Eastlink, Fido, Mobilicity, MTS, Northern Tel Mobility, Public Mobile, Rogers Wireless, SaskTel Mobility, Tèlèbec Mobilitè, TELUS Mobility, Videotron, Virgin Mobile Canada and WIND Mobile. Standard messaging and data rates may apply. Messaging frequency varies based on customer preferences and the status of flight operations.
Opt-in:To opt in to United Cargo's shipment status notification text messaging, provide the mobile phone number(s) during booking process at unitedcargo.com. A confirmation will be sent to you.
Opt-out:You may opt out by replying "STOP" from your mobile device or by contacting us.
U.S. and Canadian customers only: You may also text "STOP" to 26266 from your mobile device.
Help: For additional information, reply "HELP" from your mobile device or contact us.
U.S. and Canadian customers only: You may also text "HELP" to 26266 from your mobile device or call 1-800-UNITED-1 (1-800-864-8331).
Text messaging troubleshooting
If you are not receiving messages from United Cargo, please ensure that text messaging is not disabled on your phone. You may also contact us for assistance.
U.S. and Canadian customers only: If you are not receiving your text messages from United Cargo, check that text messaging is not disabled on your phone. For more information, text "HELP" to 26266 or call 1-800-UNITED-1 (1-800-864-8331).
Fees
United Cargo does not charge a fee for text messaging service. While we do not charge for this service, we are not responsible for any charges from a person's service provider that may result from our providing this service. It is the user's responsibility to check with their individual carrier, as standard messaging and data rates may apply. United Cargo assumes no responsibility for charges incurred by signing up for this text messaging service. Any text messaging fees that you incur will be billed on your individual mobile provider bill.