My ARC Terms of Use

Welcome to My ARC. The following Terms of Use ("Terms") govern your use of My ARC, which is owned and operated by Airlines Reporting Corporation (ARC). Please read them carefully. ARC reserves the right to amend these Terms and policies without notice. These Terms apply to all individuals who access or use My ARC and to all visits to My ARC, both now and in the future. Use of My ARC equates to acceptance of these Terms. If you have any questions about any of these provisions please contact ARC's Customer Care Center at +1 703.816.8003.

IF YOU ARE NOT AUTHORIZED TO ACCESS MY ARC, YOU ARE INSTRUCTED TO LOG OFF IMMEDIATELY

As used in these Terms, "User" refers to the individual using or accessing My ARC and is referred to herein as "User," "you" or "your." "Administrator" refers to the My ARC Primary Administrator and/or other Administrators that perform administrative functions for ARC Participants, including without limitation, creation and revocation of Users and granting/revoking access to ARC Tools. For purposes of these Terms, ARC Participants include ARC Participating Carriers, ARC Accredited Entities and other entities authorized by ARC to use My ARC.

The ARC Participant has an agreement with ARC which also governs your use of My ARC and ARC tools accessible via My ARC (referred to herein as "access agreement"). In the event of a conflict between these Terms and the access agreement, the access agreement shall control. ARC may update these Terms and/or publish additional rules, policies, procedures and other instructions concerning access to and use of My ARC. ARC shall make such updates available to User (e.g., via email or posted on ARC's website). The use of My ARC after ARC has published such updates will be considered User's acceptance of such updates.

PLEASE BE ADVISED ARC MAY MONITOR YOUR USE OF AND ACCESS TO MY ARC TO ENSURE COMPLIANCE WITH THESE TERMS AND APPLICABLE RULES, POLICIES, DEADLINES AND INSTRUCTIONS. Anyone using My ARC expressly consents to such monitoring and is advised that if such monitoring reveals possible criminal activity or unauthorized use, ARC may suspend access to My ARC and/or provide the evidence of such monitoring to law enforcement officials.

  1. Purpose: ARC has developed My ARC to provide ARC Participants (including, ARC Participating Carriers, ARC Accredited Entities and other ARC authorized customers) a central access point to ARC Tools and Resources ("ARC Tools") made available by ARC
  2. Security Devices (Usernames, User IDs, passwords):
    1. Your My ARC Username (User ID) and Password (collectively referred to as Security Devices) will be your identity for purposes of gaining access to My ARC. You shall use your Security Devices in accordance with these Terms and your company's agreement with ARC. If you learn of or suspect any loss, theft or unauthorized use of your Security Devices, immediately notify your My ARC Administrator and ARC's Customer Care Center at +1 703.816.8003 or email cschelp@arccorp.com.
    2. Security Device shall not be used by more than one individual. ARC reserves the right to maintain and review logs containing inquiry details and other activities performed by User in connection with User's use of My ARC.
  3. Obligations Regarding Security Generally
    1. All Security Devices are confidential and shall be maintained as confidential. User should not disclose his/her Security Devices to anyone or share them with anyone. Disclosure of Security Devices to other persons may compromise control of access to My ARC, My ARC Tools and/or financial and transactional data included in My ARC Tools. User accepts responsibility for the security and use of all data and information accessed and Security Devices. User shall immediately notify ARC's Customer Care Center at +1 703.816.8003 and your My ARC Administrator if you believe that any data or any Security Device has been compromised, lost, stolen or used without authorization.
    2. User shall make every effort to ensure the privacy of data accessible through My ARC and ARC Tools available via My ARC by viewing and storing the data only under secure conditions. For example, User should sign off or shut down his or her computer when leaving for an extended period during the day and when leaving at the end of the work day. Unauthorized individuals attempting to access restricted areas of My ARC may be subject to prosecution.
  4. Obligations Regarding Access To and Use of My ARC:
    1. You are required to advise your My ARC Administrator whenever there is a change to your account profile. You accept responsibility for the accuracy of your My ARC account profile. The information provided in the "name" "title" "department" "address" "phone" and "email" fields in your My ARC account profile are for My ARC account profile purposes and do not constitute ARC approval of a change in name, ownership, status, or location, etc. of an ARC Accredited Entity (e.g., ARC Accredited Agent, Corporate Travel Department, etc.) or any other ARC Participant. If a change of ownership accreditation application is approved by ARC, the information in your My ARC account profile will be transferred to the new owner unless your Administrator deletes such information or transfers it to another of its participant locations prior to the effective date of the change of ownership.
    2. ARC reserves the right to terminate accounts, remove or edit content, in its sole discretion. ARC will communicate with you by email or by publishing notices on My ARC or ARC's websites. You consent to receive communications from ARC electronically.
    3. Data and information that may be accessed via My ARC may include sensitive financial and transactional information. All Users are hereby advised of the importance of maintaining the security and confidentiality of information accessed in My ARC. The ARC Participant and its users shall adhere to Payment Card Industry (PCI) data security for credit card account data and acknowledges responsibility for securing credit cardholder data accessible via my ARC.
  5. Additional Terms applicable to My ARC Primary Administrator and other Administrators:
    1. Administrator shall perform administrative functions related to My ARC in accordance with the applicable rules, policies, deadlines and instructions as may be communicated in writing by ARC.
    2. Administrator shall provide access to My ARC (and to ARC Tools accessed via My ARC) only to authorized Users.
    3. Administrator shall not provide access to My ARC to any entity or person that is not authorized by ARC or the ARC Participant.
    4. Administrator acknowledges and agrees that the provision of a Security Device to an unauthorized party may compromise the security of My ARC, the Tools accessible via My ARC, ARC's systems, and confidential financial and/or transactional data contained therein (including credit card account information).
    5. Administrator shall not provide a Security Device to any third party (i.e., non-employee of the ARC Participant) or allow any third party to access My ARC or ARC Tools except where access is necessary to accommodate a bona fide business need of the ARC Participant to perform its obligations under its Agreement with ARC (i.e., preparation or reconciliation of a sales report, resolution of a debit memo, etc.)
    6. ARC reserves the right to limit, suspend or terminate third party access to My ARC and/or ARC Tools accessed via My ARC.
  6. Prohibited Uses Generally

    Use of My ARC for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of My ARC, the ARC's computer system or networks or any other party's use or enjoyment of My ARC, is strictly prohibited.

    User shall not use any device, software, routine, or robotics that interferes with, or attempts to interfere with the normal operation of My ARC or that imposes an unreasonable load on ARC's computer equipment and servers.

    User shall not attempt, by any means, to gain access to data or information that User is not legally entitled to access.

    User shall not modify, create derivatives of, decompile, or reverse engineer My ARC or take any action to interfere with ARC's proprietary rights in My ARC.

  7. No Use for Unlawful Purpose

    You are required to comply with applicable laws in connection with your use of My ARC and all requirements and obligations in these Terms and such other instructions ARC may publish from time to time regarding use of My ARC. As a condition of your access to My ARC, you agree that you will not use My ARC, or ARC Tools accessible via My ARC for any purpose that is unlawful or prohibited by ARC's Agreements, Terms and/or instructions applicable to My ARC.

  8. Termination or Suspension for Failure to Comply with Rules, Policies Deadlines or Instructions

    User's failure to comply with these Terms and/or the User's breach of any provision of the access agreement or these Terms may result in immediate suspension and/or termination of the User's access to My ARC and the Tools accessible via My ARC. Violations of the law and/or breaches of these Terms may result in criminal and civil liability and revocation of access to My ARC and/or ARC Tools.

  9. Disclaimer: While reasonable commercial efforts have been made to ensure the quality and accuracy of the information displayed on My ARC, the site is provided by ARC on an "as is" and "as available" basis. ARC makes no representations or warranties of any kind, express or implied, as to the operation of My ARC or the information content, materials, links to third-party sites and the content thereon, or any products offered on or via My ARC (including without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of the course of performance, dealing, or trade usage). To the full extent permissible by applicable law, ARC expressly disclaims all warranties.
  10. Limitation of Liability: IN NO EVENT SHALL ARC (OR ANY PERSONS OR ENTITIES RELATED THERETO) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, COMPUTER FAILURE OR MALFUNCTION CONNECTED WITH OR ARISING FROM OR OUT OF THE USE OR INABILITY TO USE MY ARC OR ARC TOOLS AND/OR LINKS TO THIRD-PARTY SITES AND CONTENT, OR FOR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF ARC (OR ANY PERSONS OR ENTITIES RELATED THERETO) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  11. Intellectual Property Rights:

    The contents of My ARC, including but not limited to information, images, text, documents, graphics, products, trademarks, trade names, icons, logos, sounds, software, screens images and web pages ("the Content") are copyrighted materials owned or licensed by ARC or others as indicated. You agree and acknowledge that the Content is protected by copyright, trademark and other intellectual property laws, that these rights are valid and that your use of the Content shall be governed by applicable copyright, trademark and other intellectual property laws. You are not permitted to use any ARC trademarks or service marks. The Content may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, without the express prior written permission of ARC or such third party which may own the Content. All rights not expressly granted in these Terms are reserved to ARC. No other rights or licenses whether express or implied, are conveyed or intended by the Terms. Claims of copyright or trademark infringement should be referred to: ARC Law Department, 3000 Wilson Boulevard, Suite 300, Arlington, VA 22201-3862.

  12. Links to Other Web Sites:

    The My ARC site may contain links to other third party web sites that are controlled by parties other than ARC. ARC does not operate, or control in any respect any information, products or services on such web sites. You acknowledge and agree that such links are provided for your convenience only and that ARC is not responsible for and does not necessarily endorse the provided of any linked third party site or the linked site itself. Your access and use of any linked third party site is solely at your own risk. ARC is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on such site(s). Linking to My ARC is not permitted without the express prior written permission of ARC.

  13. Availability Subject to Interruption, Delay or Force Majeure:

    ARC will use reasonable commercial efforts to keep My ARC available on a 24 hour per day basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance and system outages. User access to My ARC may be interrupted at times for maintenance, system outages, scheduled maintenance and other circumstances beyond ARC's reasonable control (e.g., viruses). In addition, the availability of My ARC is subject to interruption and delay beyond ARC's control including without limitation, network outages, delays by suppliers or vendors, acts of God, terrorism or a public enemy, acts of the United States or any state or political subdivision, natural disasters, fires, severe weather, floods, earthquakes, explosions or other catastrophes, labor strikes, slow downs, etc.).

    ARC shall not be liable to ARC Participant or User for any such interruption or delay.

    Not all of the products or Tools described on My ARC are available in all geographic areas. You may not be eligible or authorized to access all the products or Tools described. ARC reserves the right to determine who may access any product, program or electronic service. ARC further reserves the right to remove or make alterations to My ARC, the ARC Tools available via My ARC, or other products and services offered on My ARC from time to time.

  14. Governing Law:

    By using My ARC, you agree that these Terms are subject to and shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia without regard to its choice of law principles. This is the case regardless of whether you reside or use My ARC in Virginia or elsewhere. By using My ARC, you agree that any and all disputes relating to, or arising from these Terms or your access to, or use of My ARC shall be resolved in accordance with the terms of your company's agreement with ARC or the dispute resolution forum identified in the agreement between ARC and the ARC Participant with which you are employed or affiliated.

    My ARC is controlled and administered by ARC in the United States of America. ARC makes no representations that materials available at My ARC are appropriate or available for use at locations outside the United States. If you access My ARC from locations outside of the United States, you are responsible for compliance with all local laws.

  15. Severability:

    If any provision of these Terms is invalid or unenforceable under any statute or rule of law, the provision is to that extent to be deemed omitted and the remaining provisions of the Terms shall not be affected in any way.

  16. Waiver:

    ARC's failure or delay to enforce any provision of these Terms or respond to any breach by you or others shall not operate or be construed as a waiver or prevent ARC from taking any permitted action to prevent further breaches.

Updated 05/31/11