Terms and Conditions
Effective Date: January 1, 2024
Southwest Customer Advisory Council is a market research access panel owned and operated by Southwest Airlines.
As a Member of the Panel, you will have the opportunity to participate in market research activities including online and mobile surveys, product tests, focus groups, discussion forums, and more. For more information on how we collect, use, disclose, and manage your personal information and the data you provide, please see our Privacy Policy.
These terms and conditions are entered into by and between you and Southwest Airlines Co. (“Southwest Airlines”, “we”, “us” or “our”). These following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to, use of, and participation in https://southwestcustomerconnect.com/, including any content, functionality and services offered on or through https://southwestcustomerconnect.com/ (the “Website”).
These Terms are subject to change from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to, use of, and participation in the Website and the Panel thereafter. You are expected to check this page each time you access this Website or participate in the Panel so you are aware of any changes, as they are binding on you.
Please read these Terms carefully before you start to use the Website or participate in the Panel. By clicking to accept or agree to the Terms of Use button when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website or participate in the Panel.
Definition of terms
Panel/Council: The Southwest Customer Connect market research access panel
Panel Portal: The Southwest Customer Connect website (https://southwestcustomerconnect.com/)
Member: An individual Member of the Panel
Panel Currency: The program/Panel currency earned by participation in the Panel. Members may elect Rapid Rewards points or other incentives as specified in the survey or on the Panel Portal. You will not necessarily earn points for every survey.
Eligibility: Who is allowed to be part of our Panel?
This Website and membership in our Panel is open to residents of the United States of America above the age of 18. By using this Website or becoming a Member, you represent and warrant that you are of a legal age to form a binding contract with us and meet all of the eligibility requirements. If you do not meet all of the eligibility requirements, you must not access or use the Website or participate in the Panel.
Employees of Southwest Airlines, Maru Group LLC (“Maru”), and any of their affiliates, or spouses, children, and any other members of their households are not permitted to join or claim rewards.
Registration: Your details, accuracy
You may only open one account per person on our Panel. Your account is not transferrable.
You will be asked to provide your full name, a personal email address, a password, postal address, and date of birth in order to register with our Panel. Please do not disclose your password to anyone else, you are responsible for keeping it safe. You will immediately notify us if your username or password is lost or stolen, of any unauthorized use of your account, or of any breach of security. You will provide and keep accurate, current, and complete information about yourself. You are solely responsible for all activities that occur under your account– whether or not you authorized the activity. We will not be liable for any unauthorized use of your account, which includes unauthorized use of your email address, password and Panel Currency redemption, or any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations. You have the option to provide additional demographic profile data (such as occupation, travel frequency, and areas of interest). Failing to provide this information will not stop you from participating in the Panel. However, it is encouraged so you can receive a more personalized experience.
We collect and use general profiling data to tailor your experience with the Service. As part of your membership in the Panel, we will ask questions to understand who you are, in order to make sure we provide you with the surveys and communications best suited to you. Profiling questionnaires are optional, but they will allow you to participate in our most interesting research, which can lead to higher rewards. Questionnaires cover many topics, from automotive to household shopping. In order to help research on matters such as health and social issues, we will also ask you about more sensitive topics. Please note these questions are entirely optional and you can choose whether or not to answer them.
You may choose to voluntarily submit certain other information to us through the Service, including Personal Information, but you are solely responsible for your own Personal Information in instances where we have not collected such information or requested that you submit such information to us.
Please ensure that the information you provide both when setting up your account and completing your profile is accurate. If, in our reasonable view, the information you provided was inaccurate, your account may be terminated.
Benefits of Membership
Membership in the Panel is free of charge. You acknowledge that you are participating in the Panel on a purely voluntary basis, as a means of assisting, and in consideration of the opportunity to assist Southwest Airlines with market research activities. Southwest Airlines makes no guarantee or representation as to whether or not your feedback will be used, and you understand and acknowledge that any Panel Currency you receive is not compensation and Southwest Airlines will not compensate you for your participation in the Panel. Further, you acknowledge and agree that nothing in these Terms or in your voluntary submission of feedback creates any employment relationship between you and Southwest Airlines.
If you do receive Panel Currency, more details concerning redemption of Panel Currency can be found here. Panel Currency has no monetary value. Panel Currency may not be auctioned, traded, bartered or sold and is not transferrable upon death, by gift, as part of a domestic relations matter, or otherwise.
Refer a Friend
If you are selected to use our referral service to invite a friend to join the Panel, you may decide to forward an invitation to a friend. In such cases, we will ask you for your friend's name and email or postal address. Southwest Airlines may use any e-mail address provided when using this referral feature to send a single e- mail to such designated recipients about the Panel. By using a referral feature, you represent that you and your friend are United States citizens and that you have permission to provide your friend’s email address.
Website Features.
Wireless Features. The Website may offer features that are available to you via your wireless Device including the ability to access the Website’s features and upload content to the Website, participate in the Panel, and receive messages from the Website (collectively, “Wireless Features”). By using the Website and participating in the Panel, you agree that Southwest Airlines may collect information related to your use of the Wireless Features as described in our Privacy Policy, and may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Website or your participation in the Panel. Data rates and other carrier fees may apply.
Calls. By participating in the Panel, you consent to receive ongoing calls (including by auto-dialers) from us to gather your feedback and comments regarding your use of the Website and to assist us with our market research. You can opt out of receiving these calls from us by sending an e-mail to us here with the words STOP CALLS in the subject field of the e-mail or telling us anytime during these calls of your request to opt out. However, subsequent or different subscriptions will be unaffected by an opt out. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details.
Location-Based Features. If you have location-based features on your wireless Device, you acknowledge that your Device location will be tracked and shared consistent with the Privacy Policy. You can terminate location tracking by us by adjusting the permissions in your mobile device or uninstalling any mobile app. Location-based features are used at your own risk and location data may not be accurate.
Conduct.The Council relies on accurate data to serve you, our Customers, with information that reflect the true opinions of our Customers. As a Member, you agree to provide truthful and well considered answers to our market research activities.
Southwest Airlines and Maru reserve the right to withhold awarding Panel Currency to a Member if, in their reasonable view, a Member’s survey question responses are untruthful or not well considered.
Termination
You can terminate your account at any time, but in doing so you forfeit the unredeemed Panel Currency in your account. If you wish to do so you can unsubscribe by clicking ‘My Profile’ on the top right of the page after logging into the website here Under the ‘Cancel my membership’ section, you’ll have the option to click ‘Unsubscribe’ and unsubscribe your email address from the Panel or email [support@southwestcustomerconnect.com] or from the unsubscribe link present in the footer in any email from us or on your Panel Portal page. Please remember, doing this only unsubscribes you from Advisory Council survey invitations, not other Southwest communication.
We may immediately suspend or terminate the availability of the Panel, your participation in the Panel, the Website, the earning of Panel Currency, or your account, in whole or in part, for any reason, in our sole discretion, and without advance notice or liability. We may immediately suspend or terminate the availability of the Panel, your participation in the Panel, the earning of Panel Currency, or your account, in whole or in part, in our sole discretion, and without advance notice or liability, if:
- You have been inactive or not responded to three consecutive surveys or more
- You violate these Terms
- Share Confidential Information in violation of these Terms
- You fail to treat other Council Members in a manner inconsistent with the Golden Rule
Upon suspension or termination of your access to the Panel, your participation in the Panel, the Website, the earning of Panel Currency, or your account, or upon notice from Southwest Airlines, all rights granted to you under these Terms will cease immediately, including, without limitation, your right to redeem Panel Currency, and you agree that you will immediately discontinue use of the Website and your participation in the Panel. The provisions of these Terms, which by their nature should survive your suspension or termination, will survive.
Your account termination will result in your unredeemed Panel Currency being forfeited.
Intellectual Property – ownership of content, assignment of rights to content
You agree that the Website, the Panel, the entire contents, features and functionality of the Website and the Panel (including, without limitation, all materials and other items relating to Southwest Airlines and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, emails, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Website and Panel, and the compilation, assembly, and arrangement of the materials of the Website and the Panel and any and all copyrightable material; trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Southwest Airlines; and other forms of intellectual property) (all of the foregoing, collectively “Content”) are owned by Southwest Airlines, its licensors or the providers of such material and are protected by United States and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
Subject to your strict compliance with these Terms, Southwest Airlines grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, and use the Content on a personal computer, browser, laptop, tablet, mobile phone or other Internet-enabled device (each, a “Device”) and/or print one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. Except as permitted by these Terms, the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of Southwest Airlines and its applicable licensors or suppliers.
You further agree that you will not: (i) use the Panel, Website, or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Panel, Website, or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Southwest Airlines; (iii) harvest any information from the Panel, Website, or Content; (iv) reverse engineer or modify the Panel, Website, or Content; (v) interfere with the proper operation of or any security measure used by the Panel, Website, or Content; (vi) infringe any intellectual property or other right of any third party; (vii) use the Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms.
You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. All rights not expressly granted to you are reserved by Southwest Airlines and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content, the Website or the Panel for any purpose is prohibited.
During your participation on the Council, you may submit data, content, and information to Southwest Airlines, including, without limitation, survey responses and images or videos as part of a survey or study and your responses thereto, (all of the foregoing, collectively “Submissions”). You agree that your Submissions will not: (i) promote any political or commercial purpose; (ii) defame, abuse, harass, stalk, or threaten others; (iii) use racially or ethnically offensive language or contain any otherwise objectionable material; (iv) discuss or incite illegal activity; (v) infringe any intellectual property or other right of any third party; (vi) promote sexually explicit or pornographic material, violation, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (vii) be likely to deceive any person; (viii) be likely to upset, embarrass, alarm or annoy any other person; or (ix) impersonate any person, or misrepresent your identity or affiliation with any person or organization. Your Submissions will be considered non-confidential.
You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your Submissions and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You also irrevocably consent to our use and association of your name in connection with your Submissions and derivatives thereof. You agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your Submissions.
You represent and warrant that: (a) you own or control all rights in and to the Submissions and have the right to grant the license granted above to us and our licensees, successors, and assigns; and (b) all of your Submissions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you, not Southwest Airlines, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any Submissions posted by you or any other user of the Website.
Monitoring
We have the right to:
- Remove or refuse to post any Submission for any or no reason in our sole discretion.
- Take any action with respect to any Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such Submission violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website, Members, or the public or could create liability for Southwest Airlines.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Panel.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or participating in the Panel.
However, we cannot review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Confidentiality
As a Member of our Panel, Southwest Airlines may disclose to you certain information (tangible or intangible) that you agree to treat as Confidential Information. “Confidential Information” means all information disclosed by Southwest Airlines related to the Website and Panel, including, without limitation, the Content and any documents, designs, techniques, specifications, product plans, strategic information, existing or prospective business plans, innovative ideas, existing or prospective product study or pilot test objectives and/or results. Consistent with the foregoing, Southwest Airlines may also disclose Confidential Information related to certain unreleased and experimental product features or plans. You agree to: (i) use Confidential Information only to access the Website and Panel and to provide feedback and comments to Southwest Airlines; (b) not disclose Confidential Information to any third parties (including the sharing of unreleased/experimental product images); and (c) use the same degree of care, but no less than a reasonable degree of care (including reasonable security measures), to prevent the unauthorized use, dissemination or publication of Confidential Information as you would use to protect your own confidential information of like nature.
Copyright Infringement and DMCA Policy.
Southwest Airlines respects the intellectual property rights of others and expects those who use the Website and participate in the Panel to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement in the U.S.A., please notify Southwest Airlines of your claim of infringement by sending the following written information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(2), named below:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We will respond to notices of claimed copyright infringement in accordance with the DMCA. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. Our designated Copyright Agent to receive DMCA Notices is:
Southwest Airlines Co.
Attention: General Counsel
2702 Love Field Drive
HDQ-4GC
Dallas, Texas 75235
(214) 792-4680
(214) 792-6200 (fax)
Third-Parties.
Third-Party Content and Sites; Advertisements. The Website may contain or may interact with third party content that is not owned, controlled or operated by Southwest Airlines (collectively, “Third-Party Services”). We may also host our content on Third-Party Services. Southwest Airlines neither endorses nor controls such Third-Party Services, and you acknowledge and agree that we are not responsible or liable for the information, content, products, or services on or available from such Third-Party Services, or for the results to be obtained from using them.
Disclaimer of Representations and Warranties.
THE WEBSITE AND THE PANEL ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. NEITHER SOUTHWEST AIRLINES NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, STOCKHOLDERS, LICENSORS, AFFILIATES, THIRD-PARTY PROVIDERS, OR AGENTS (COLLECTIVELY, THE "SOUTHWEST PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT, THE WEBSITE, THE PANEL OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE WEBSITE OR PARTICIPATING IN THE PANEL YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE OR PARTCIPATE IN THE PANEL.
Southwest Airlines cannot and shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by clients, partners, reward partners, manufacturers of merchandise or suppliers of services. No advice or information, whether oral or written, obtained by a Member from Southwest Airlines or via the Panel shall create any warranty not expressly made herein
Limitations of Our Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SOUTHWEST PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE WEBSITE, (B) THESE TERMS, (C) YOUR PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PANEL, (D) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE WEBSITE, (E) YOUR RELIANCE ON OR USE OF ANY INFORMATION, GOODS, SERVICES, OR MERCHANDISE PROVIDED OR OBTAINED ON, IN OR THROUGH THE WEBSITE OR PANEL, (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S TRANSMISSIONS OR DATA, OR (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR SOUTHWEST PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE SOUTHWEST PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE WEBSITE OR PARTICIPATION IN THE PANEL EXCEED THE GREATER OF (A) THE AMOUNTS, IF ANY, PAID BY YOU TO SOUTHWEST AIRLINES FOR THE WEBSITE OR YOUR PARTICIPATIO IN THE PANEL IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR (B) FIFTY UNITED STATES DOLLARS ($50.00). THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.
Waiver of Injunctive or Other Equitable Relief.
YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY SOUTHWEST AIRLINES OR A LICENSOR OF SOUTHWEST AIRLINES.
Indemnification.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SOUTHWEST PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES (INCLUDING, REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: (I) YOUR BREACH OR ALLEGED BREACH OF THESE TERMS; (II) YOUR SUBMISSIONS; (III) YOUR USE OF THE WEBSITE; (IV) YOUR PARTICIPATION IN THE PANEL; (V) YOUR VIOLATION OF ANY LAWS, RULES, REGULATIONS, CODES, STATUTES, ORDINANCES OR ORDERS OF ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL AUTHORITIES; (VI) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; OR (VII) ANY MISREPRESENTATION MADE BY YOU. SOUTHWEST AIRLINES RESERVES THE RIGHT TO ASSUME, AT YOUR EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. YOU AGREE TO COOPERATE WITH SOUTHWEST AIRLINES’ DEFENSE OF ANY CLAIM. YOU WILL NOT IN ANY EVENT SETTLE ANY CLAIM WITHOUT THE PRIOR WRITTEN CONSENT OF SOUTHWEST AIRLINES.
Dispute Resolution.
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Southwest Airlines agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
Binding Arbitration. If any controversy, allegation, or claim relates in any way to your use of the Website or your participation in the Panel (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Dallas, Texas, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Texas. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Texas. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association; these Terms shall otherwise be construed in accordance with the internal laws of the State of Texas without regard to Texas’ choice of law principles. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Limited Time to File Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Website or your participation in the Panel must be filed within one (1) year after such claim or cause of action arose or be forever banned.
Class Action Waiver. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS AND WILL NOT BE JOINED OR CONSOLIDATED WITH ANY OTHER ARBITRATIONS OR OTHER PROCEEDINGS THAT INVOLVE ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. YOU AND SOUTHWEST AIRLINES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Jurisdiction and Governing Law
These terms shall be governed by and construed according to the laws of the State of Texas.
General Provisions.
Consent or Approval. No Southwest Airlines consent or approval may be deemed to have been granted by Southwest Airlines without being in writing and signed by an officer of Southwest Airlines.
Severability; Interpretation; Assignment. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Southwest Airlines may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Southwest Airlines.
Complete Agreement; No Waiver. These Terms reflect our complete agreement regarding the Website and the Panel and supersede any prior agreements, representations, warranties, assurances or discussion related to the Website and the Panel. Except as expressly set forth in these Terms, (i) no failure or delay by you or Southwest Airlines in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
International Issues. Southwest Airlines controls and operates the Website and the Panel from the U.S.A., and Southwest Airlines makes no representation that the Website or Panel are appropriate or available for use beyond the U.S.A. If you are located outside of the United States and are accessing or using the Website or participating in the Panel, please be aware that information we collect will be collected and stored in the United States. By using or accessing the Website or participating in the Panel or providing us with any information through the Website or Panel, you consent to this transfer, processing and storage of your information in United States. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Website or your participation in the Panel. Software related to or made available by the Website may be subject to export controls of the U.S.A, and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
Investigations; Cooperation with Law Enforcement. Southwest Airlines reserves the right to investigate and prosecute any suspected breaches of these Terms, the Website or the Panel. Southwest Airlines may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
California Consumer Rights and Notices. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: https://www.dca.ca.gov/
Notice provision
Except as provided above with respect to modifications of these terms, Southwest Airlines may deliver notices to Member by prepaid certified mail, return receipt requested at the address in its database, or via electronic mail at the email address in its database; any such notice shall be deemed effectively given upon delivery.
All legal notices to us must be mailed to: Southwest Airlines Co., 2702 Love Field Drive, HDQ-4GC Dallas, Texas 75235 (Attention: General Counsel).
When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
How to contact us
You can contact our Member Services team via the contact page on the website.