ARC Site Terms of Use

Acceptance Of Terms Of Use

Airlines Reporting Corporation ("ARC") requires that all the visitors to ARC Web Sites (herein collectively referred to as the "Site") adhere to the following terms and conditions ("Terms of Use"). These Terms of Use govern your access and use of the Site. By using the Site, and by accessing, viewing, or using any material on the Site, you represent that you accept these Terms of Use and agree to be bound by these Terms of Use. The My ARC Terms of Use also apply to all users of the My ARC portal.

ARC maintains this Site to provide you with information about ARC products and services and to facilitate certain specified communications with ARC. ARC reserves the right to revise these Terms of Use and the products, services, prices, and programs mentioned on the Site, without notice. You are solely responsible for reviewing the Site from time to time to ensure your compliance with the then-current Terms of Use. By using the Site after a change, you agree to follow and be bound by the Terms of Use as changed. In the case of any violation of these Terms of Use, ARC reserves the right to seek all remedies available by law and in equity for search violations. Any rights not expressly granted herein are reserved. You agree that your access to the password protected and other secured areas of the Site will be monitored by ARC.

You agree to be bound by any affirmation, assent or agreement you transmit through the Site, including but not limited to any consent you give to receive communications from ARC solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

You agree that these Terms of Use are subject to the terms of the agreement(s), executed by and between your company and ARC.

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Intellectual Property Rights

All material contained on this Site, including information, images, text, documents, graphics, products, trademarks, trade names, icons, logos, sounds, software, screens, images and Web pages ("the Content") is 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. 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, except as provided in your agreement(s) with ARC and in these Terms of Use, 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 of Use are reserved to ARC. No other rights or licenses, whether express or implied, are conveyed or intended by these Terms of Use.

Claims of copyright or trademark infringement should be referred to the address below.

ARC Corporate Communications Department
3000 Wilson Boulevard, Suite 300
Arlington, VA 22201-3862

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Linking To ARC Web Site(s)

Unless otherwise set forth in a written agreement between you and ARC, you must adhere to ARC's linking policy as follows: (i) any link to the Site must be a text only link clearly marked "www.arccorp.com," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with ARC's names and trademarks, (iii) the link must "point" to the URL www.arccorp.com and not to other pages within the Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with ARC, (v) when selected by a user, the link must display the Site on a full-screen and not within a "frame" on the linking Web Site, and (vi) ARC reserves the right to revoke its consent to the link at any time and in its sole discretion.

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Links To Non-ARC Site(s)

This Site may contain links to third party sites that are controlled by parties other than ARC. 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 providers of any linked third-party site or the linked site itself. ARC makes no representations or warranties with respect to the linked site. Your access and use of any linked third party site is solely at your own risk.

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User Profile, Security Devices, (e.g., User I.D.s, Passwords, etc.) And Security

If any of the Site features require you register, you must complete the Form by providing ARC with current, complete, and accurate information as prompted by the Registration or User Profile Form ("Form"). If, upon completion of the required Form, you are determined to be authorized to use certain features of the Site, you will be required to choose a password and/or a Username (collectively referred to as "Security Devices"). In some instances, you will also be asked to provide an identity verification question. You agree that your use of any and all Security Devices are subject to and governed by the agreement(s) between your company and ARC. You are responsible for maintaining the confidentiality of the Security Devices that are assigned to you by ARC and/or created by you. Furthermore, you are responsible for any and all activities that occur under such Security Device(s). You agree to notify ARC Corporate Security Department at +1 703.816.8525 immediately of any unauthorized use of your Security Device(s) or any other breach of security. ARC will not be liable for any loss that you may incur as a result of someone else using your Security Device(s), either with or without your knowledge or consent. In addition, you are liable for losses incurred by ARC or another party due to use of your Security Device(s).

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You agree that ARC may terminate your access to password protected and secured areas of the Site in accordance with the terms of your company's agreement(s) with ARC.

Restriction on Access To Password Protected or Other Areas

Access to and use of password protected and/or other secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

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Termination

Your right to access and use the Site immediately terminates without further notice upon breach of any of these Terms of Use. ARC may terminate your right to use the Site at any time, with or without cause.

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Cookies

A cookie is a small data file that certain Web sites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you've visited, but the only personal information a cookie can contain is information you supply yourself. A cookie can't read data off your hard disk or read cookie files created by other sites. Some parts of the ARC Site use cookies to track user traffic patterns. This is done in order to determine the usefulness of Site information to ARC's users and to see how effective the Site's navigational structure is in helping users reach that information.

If you prefer not to receive cookies on the Site, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser. Disabling cookies will cause some areas of the site not to function as designed.

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Privacy Policy

ARC is concerned about your privacy and has developed a policy to address privacy concerns. You can find the current privacy policy at www.arccorp.com/legal/arc-privacy-policy.jsp.

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Applicable Laws

By using this site you agree that these Terms of Use 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 transact business or view this Site in Virginia or elsewhere.

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

By using this site you agree that any and all disputes relating to, or arising from these Terms of Use or your access to, or use of this Site shall be resolved in accordance with the terms of your company's agreement with ARC or otherwise in the United States Federal District Court for the Eastern District of Virginia or the state court in Arlington County, Virginia.

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Products And Services Availability

Not all of the products or services described on the Site are available in all geographic areas. You may not be eligible for all the products or services described. ARC reserves the right to determine the eligibility for any product, program or service.

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Maintenance and Site Availability

The Site, and products, programs and services available through the Site, will be unavailable from time to time for scheduled maintenance. ARC will make every effort to communicate these maintenance windows in advance, but makes no guarantee as to the availability of the Site, and is not liable for any damages as a direct or indirect result of the Site being unavailable.

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Disclaimer

Although ARC has attempted to provide accurate information on this Site, neither ARC, its officers, directors, shareholders, employees or representatives, or the like, warrant that the Site will be uninterrupted or error-free. ARC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. ARC may make any other changes to the Site, the products, programs or services on the Site in accordance with applicable agreements.

While ARC will use reasonable effort to maintain the availability of the Site there is no guarantee that it will be available at all times.

YOU AGREE THAT ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARC DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITIATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OR NON-INFRINGEMENT ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

YOU AGREE THAT ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. ARC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

WITH REGARD TO SERVICES OR PRODUCTS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE FROM A PERSON OR ENTITY OTHER THAN ARC, ARC MAKES NO WARRANTY OF MERCHANTABILTIY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO SUCH SERVICES AND PRODUCTS AND ARC SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES WITH REGARD TO SUCH SERVICES AND PRODUCTS.

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Limitation Of Liability

IN NO EVENT SHALL ARC (OR ANY PERSONS OR ENTITIES RELATED THERETO) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, 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 THIS SITE IN ANY WAY OR FROM THE USE OF ANY ARC SERVICE, PROGRAM OR PRODUCTS, 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.

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Software License Agreement

Any software which you download is governed in accordance with (i) the license terms accompanying the file or if no license terms accompany the file then (ii) the terms of the license agreement which accompanied the original product licensed by you which you are accessing via this Site.

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User Conduct, Prohibited Or Unlawful Use

In order to maintain an informative and valuable service for the users of this Site, the following rules have been established to protect against abuse. By your use of the Site, you represent and warrant that you have the rights necessary to receive, use, transmit and disclose all data that you submit to the Site. You further represent and warrant that your use of the Site and of any Content on the Site shall comply with all applicable laws, regulations or ordinances, and that you will not use this Site for any purpose that is prohibited by these Terms of Use or the agreement(s) between you and ARC. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violation or lack of rights.

This section is intended to provide examples of conduct deemed to be unacceptable by ARC, and is not an all inclusive list of unacceptable conduct.

Use of this Site for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this Site, the ARC network or any other party's use or enjoyment of this Site, is strictly prohibited.

Specifically, you may not:

  • Attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this Site, with the intent to probe, scan or test the vulnerability of a system or network of this Site, or those of any other party;
  • Interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system;
  • Impersonate any person or entity, misrepresent any affiliation with another person, entity or association, falsify address information, modify e-mail headers or otherwise conceal your identity from ARC;
  • Use this Site to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider.
    • You wil not collect or store personal data about other users;
    • You will not upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment;
    • You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the owner of such rights; and
    • You will not use this Site for any commercial purpose not expressly approved by ARC in writing.

ARC will cooperate with U.S. government and law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability and revocation of access to the Site.

Reports of any activity in violation of these Terms of Use should be sent to the address shown below. ARC will investigate complaints and take action where appropriate.

For all questions, complaints and general comments, please direct all communications to:

Phone +1 703.816.8525
Fax +1 703.816.8168
E-mail corpcom@arccorp.com

ARC Corporate Communications Department
3000 Wilson Boulevard, Suite 300
Arlington, VA 22201-3862

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Last Revised February 22, 2011