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| IAR 2.0 |
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Welcome to IAR 2.0. The IAR 2.0 system is owned and operated by the Airlines Reporting Corporation (ARC). The following terms govern your use of IAR 2.0. Please read them carefully. If you have any questions about any of the provisions, please contact ARC's Customer Support Center at (703) 816-8003. |
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| Your ARC-accredited Travel Agency or Corporate Travel Department (hereinafter referred to as "company") also signed an agreement with ARC, which also governs your use of IAR 2.0 (hereafter "Reporting Agreement"). In the event of a conflict between these Terms of Use and the Reporting Agreement, the Reporting Agreement shall control. Only persons who have been authorized by your company's owner/officer, Security Contact or IAR Administrator should be permitted access to IAR 2.0. As used in these Terms of Use, a "User" refers to the individual authorized by the company's Owner/Officer and/or Security Contact to access and use IAR 2.0 and is referred to herein as "User," you or "your." |
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| PLEASE BE ADVISED ARC MAY MONITOR YOUR USE OF AND ACCESS TO IAR 2.0 TO ENSURE COMPLIANCE WITH THE APPLICABLE RULES, POLICIES, DEADLINES AND INSTRUCTIONS. Anyone using IAR 2.0 expressly consents to such monitoring and is advised that if such monitoring reveals possible criminal activity or unauthorized use, ARC personnel may suspend access to IAR 2.0 and/or provide the evidence of such monitoring to law enforcement officials. |
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| 1. Purpose |
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ARC has developed IAR 2.0 through which an authorized User may access via the Internet three weeks worth of sales and transactional information which was included by ARC-accredited entities (e.g., travel agents, Corporate Travel Departments, etc.) in their weekly sales and transaction reports as processed by ARC.
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| 2. Username, password and security |
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A. Your user identification ("Username") and password will be your identity for purposes of gaining access to IAR 2.0. You shall use your Username and password solely in accordance with the following terms. If you learn of or suspect any loss, theft or unauthorized use of your Username or password, please immediately notify your company's Owner/Officer or contact ARC's Customer Support Center at (703) 816-8003.
B. A Username shall not be used by more than one individual. ARC reserves the right to maintain and, for any legitimate reason, review logs containing any inquiry details and other activities performed by the User in connection with the use of IAR 2.0.
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| 3. Obligations Regarding Security Generally |
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A. All Usernames, passwords, verification questions and other security codes, etc., (herein referred to collectively as "Security Devices") are confidential and shall be maintained as confidential. The authorized User should not disclose his/her Security Devices to anyone or share them with anyone. Disclosure of the Security Devices to other persons may compromise control of access to financial and transactional data and nonpublic personal or financial passenger data in IAR 2.0. The User accepts responsibility for the security and use of his/her Security Devices and the utilization of IAR 2.0. The User shall immediately notify the owner/officer of her/his company ARC if s/he believes that any Security Device has been compromised.
B. Authorized Users shall make every effort to ensure the privacy of data by viewing and storing the data and information accessed and derived from IAR 2.0 only under secure conditions. For example, a User accessing IAR 2.0 should sign off or shutdown his or her computer when leaving for an extended time period during the day and when leaving at the end of the day.
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| 4. Obligations Regarding IAR 2.0 |
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A. The data and information that may be accessed via IAR 2.0 includes highly sensitive and confidential financial information and other transactional data relating to transactions issued by ARC accredited entities that have been processed by ARC. Therefore, only individuals who have a bona fide business need to know and who are authorized to view such data should be provided with access to such information and data. All Users are hereby advised of the importance of maintaining the security and confidentiality of the information in IAR 2.0. You are required to advise your company's owner/officer and ARC whenever there is a security breach.
B. You understand and acknowledge that the data and information that may be accessed from IAR 2.0 includes highly sensitive and confidential financial information and other data relating to transactions.
C. You acknowledge that the breach of any term contained in this Terms of Use may result in termination of your company's Reporting Agreement.
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| 5. Prohibited Uses Generally |
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A. The User shall not use any device, software, routine, or robotics that interferes with, or attempts to interfere with, the normal operation of IAR 2.0 or that imposes an unreasonable load on ARC's computer equipment and servers.
B. The User shall not attempt, by any means, to gain access to sales or transactional data, which the User is not legally entitled to access.
C. The User shall not modify, create derivatives of, decompile, or reverse engineer IAR 2.0 or take any action to interfere with ARC's proprietary rights in IAR 2.0.
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| 6. Termination or Suspension for Failure to Comply with Rules, Policies, Deadlines and Instructions |
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A. ARC may update the Terms of Use or publish additional rules, policies, procedures, deadlines and other instructions concerning the access to and use of IAR 2.0. ARC will provide such updates and publications in writing to the User (either in paper or electronic format, e.g., via e-mail or posted on an ARC web site). The use of IAR 2.0 after ARC has provided notice of update(s) and publications will be considered the User's acceptance of such update(s).
B. The User's failure to comply with the Terms of Use and/or the User's breach of any provision of the User's company Reporting Agreement or in this Terms of Use may result in immediate suspension of the Reporting Agreement and/or immediate suspension of the User's access to IAR 2.0.
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| 7. No Use for Unlawful Purpose |
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You are required to comply with all applicable laws in connection with your use of IAR 2.0 and all requirements and obligations contained in this Terms of Use and such other documents ARC may publish from time to time. As a condition of your access to and use of IAR 2.0, you agree that you will not use IAR 2.0 or any data obtained from IAR 2.0 for any purpose that is unlawful or prohibited by ARC's Agreements, Rules, Policies, and Instructions applicable to IAR 2.0.
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| 8. Availability |
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ARC will use reasonable commercial efforts to keep IAR 2.0 available Monday - Friday from 7am to 1am EST and Saturday and Sunday from 7am to 12am EST , subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages.
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| 9. Availability Subject to Interruption and Delay/Force Majeure |
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The User's access to IAR 2.0 may be interrupted at times for maintenance, system outages, and other circumstances beyond ARC's control (e.g., viruses, etc.). In addition, the availability of IAR 2.0 is subject to interruption and delay due to causes beyond ARC's reasonable control, including without limitation, delays by suppliers or vendors which are outside of ARC's control; acts of God, terrorism or a public enemy; acts of the United States or any state or political subdivision; fires, severe weather, floods, earthquakes, natural disasters, explosions or other catastrophes; and labor strikes or slowdowns. ARC shall not be liable to User for any such interruption or delay.
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| 10. Limitation of Liability |
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In no event shall ARC be liable for any indirect, special, punitive or consequential damages arising from the use of this Service, even if ARC has been advised of the possibility of such damages.
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| 11. Governing Law |
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The Terms of Use shall be construed in accordance with and governed by the laws of the Commonwealth of Virginia. Disputes regarding these Terms of Use will be resolved in accordance with your company's Access Agreement.
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| 12. Severability |
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If any provision of this Terms of Use 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 this Terms of Use shall not be affected in any way.
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| 13. No Waiver |
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ARC's failure or delay to enforce any provision of this Terms of Use 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.
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