Terms of Service
Welcome to the ARCMarket Place (the “Service”). The following terms govern your use of the Service, which is owned and operated by the Airlines Reporting Corporation (ARC). Please read them carefully. These Terms of Use apply to all visitors to or users of this Site, and to all visits to the Site, both now and in the future. If you have any questions about any of the provisions, please contact the ARC Customer Support Center at (703) 816-8003.
As used in these Terms of Service, a “User” refers to the individual authorized to access the site and is referred to herein as “User,” you” or “your.”
PLEASE BE ADVISED ARC MAY MONITOR YOUR USE OF AND ACCESS TO THE SERVICE TO ENSURE COMPLIANCE WITH THE APPLICABLE RULES, POLICIES, DEADLINES AND INSTRUCTIONS. Anyone using this Service 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 the Service and/or provide the evidence of such monitoring to law enforcement officials.
1. Purpose
ARC has developed the Service through which an authorized User may access via the Internet an array of products and services made available by Viator and other participating suppliers.
2. Obligations Regarding Security Generally
A. All customer information and data are confidential and shall be maintained as confidential. The authorized User should not disclose customer related data, including but not limited to, credit card information, to anyone or share the information with anyone, other than those necessary to complete or effectuate the purchase of such product or service. Disclosure of the data or information to other persons may compromise control of access to financial and transactional data and nonpublic personal or financial data in the Service. The User accepts responsibility for the security and use of all data and information used in the Service as well as the utilization of the Service. The User shall immediately notify ARC,Viator and/or other participating supplier if s/he believes that any information or data 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 the Service only under secure conditions. For example, a User accessing the Service, 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.
3. Obligations Regarding ARC MarketPlace Data
A. The data and information that may be accessed via the Service includes highly sensitive and confidential financial information and other transactional data relating to customers. 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 the Service. You are required to advise ARC, Viator and/or other participating supplier whenever there is a security breach.
B. You understand and acknowledge that the data and information that may be accessed from the Service 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 Service may result in termination of your access to the Service.
4. Prohibited Uses Generally
A. The User shall not copy, reproduce, duplicate, publish, disclose, distribute, or otherwise make available the data provided in the Service to any other person, third party or organization in any form or manner whatsoever without the prior written consent of ARC, unless such data is provided to a person who is an employee of the User’s company, has been authorized by the User, and has a bona fide business need to know such information and data. However, this provision does not prohibit distribution of data and information to the customer for whom the product or service was issued or prohibit the exchange of data from the Service between Viator and/or other participating suppliers the ARC-accredited entity that issued the transaction. The User shall notify the Viator and ARC promptly if the User learns that any data has been disclosed to any party not authorized pursuant to these Terms.
B. The User shall not use any device, software, routine, or robotics that interferes with, or attempts to interfere with, the normal operation of the Service or that imposes an unreasonable load on ARC’s computer equipment and servers.
C. 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.
D. The User shall not modify, create derivatives of, decompile, or reverse engineer this Service or take any action to interfere with ARC’s proprietary rights in the Service.
5. Termination or Suspension for Failure to Comply with Rules, Policies, Deadlines and Instructions
A. ARC may update, revise or amend the Terms of Service or publish additional rules, policies, procedures, deadlines and other instructions concerning the access to and use of the Service at any time for any reason. The use of the Service after ARC has updated the Terms of Service and publications will be considered the User’s acceptance of such update(s).
B. The User’s failure to comply with the Terms of Service and/or the User’s breach of any provision of the User’s company Access Agreement or in this Terms of Service may result in immediate suspension of the User’s access to the Service.
6. No Use for Unlawful Purpose
You are required to comply with all applicable laws in connection with your use of the Service and all requirements and obligations contained in this Terms of Service and such other documents ARC may publish from time to time. As a condition of your access to and use of the Service, you agree that you will not use the Service or any data obtained from the Service for any purpose that is unlawful or prohibited by ARC’s Agreements, Rules, Policies, and Instructions applicable to the Service.
7. Availability
ARC will use reasonable commercial efforts to keep the Service available on a 24-hour, seven-day-per-week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages.
8. Availability Subject to Interruption and Delay/Force Majeure
The User’s access to the Service 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 the Service 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.
9. Limitation of Liability & Indemnification
A. ARC endeavors to provide accurate data; however, the data made available on Service are obtained from multiple sources. As such, data made available on the Service may be subject to omissions and errors in reporting, recording and processing. ARC expressly disclaims any and all warranties that the Service or the data and information contained therein may be suitable for a particular purpose or fit for a particular purpose. ARC provides no warranties of any kind with respect to the data, information, products or services provided to the User, or the User’s customer via this Service or the ARC, Viator and/or other participating supplier websites. ARC shall in no way be liable to User, travel agent or any third party for any damages, costs or expenses, which may arise out of, or in any way be connected with any data furnished by ARC pursuant to this Agreement, including the manner or media in which the data is provided, whether or not such information or the data contained therein, for any reason whatsoever, is erroneous or incomplete, even if ARC is advised of such possibility. Further, ARC makes no express or implied warranties or representations with respect to the Products offered (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of the course of performance, dealing, or trade usage). Nor shall ARC be liable for any matter relating to the Products offered, including but not limited to, any unavailability or dissatisfaction with such Product offerings. In addition, ARC makes no representation that the operation of its website, Viator’s and other participating supplier’s will be uninterrupted or error-free and ARC shall not be liable for the consequences of any interruptions or errors.
B. In no event shall ARC be liable for any indirect, special, punitive or consequential damages arising from the use or availability of this Service or the products or services herein referenced, even if ARC has been advised of the possibility of such damages.
C. User shall indemnify and hold harmless ARC, its shareholders, directors, officers, participating carriers, and employees from and against any and all liability, damages, costs, or expenses, arising out of, or in any way related to, the data and information provided pursuant to this Agreement, except to the extent such liability, damages, costs, or expenses were caused by the sole negligence of ARC. This indemnity obligation shall survive termination or expiration of this Agreement.
10. Governing Law
The Terms of Service shall be construed in accordance with and governed by the laws of the Commonwealth of Virginia. Disputes regarding these Terms of Service will be resolved in accordance with your company’s Access Agreement.
11. Severability
If any provision of this Terms of Service 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 Service shall not be affected in any way.
12. No Waiver
ARC’s failure or delay to enforce any provision of this Terms of Service 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.
I acknowledge I have read and understand this Terms of Service and agree to be bound by the terms, provisions, restrictions and conditions contained herein.
13. Commission
A. Travel Professionals including but not limited to travel agents, carriers, hoteliers, suppliers but not consumers can earn commission for the sale of products when purchased through ARC MarketPlace.
B. Commission disbursement varies by product type.
C. Commissions are paid via ARC Memo Manager, check or IAR.
D. ARC reserves the right to recall commissions due to exchanges, refunds, cancellations and any other unforeseen trip interruptions.
I acknowledge I have read and understand this Terms of Service and agree to be bound by the terms, provisions, restrictions and conditions contained herein.