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.
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.
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.
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.
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.
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.
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.
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.
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.
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.