ARINC SUBSCRIBER AGREEMENT
TERMS & CONDITIONS
~ KNOWN CREWMEMBER ~
PLEASE READ THIS BEFORE ACCESSING THE KNOWN CREWMEMBER (KCM) WEBSITE AND SERVICE. BY ACCESSING THE KCM SERVICE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE KCM SERVICE WEBSITE.
1. Service Description
ARINC will provide you (the “Subscriber”) with access to the KCM Service in order to assist the Transportation Security Administration (“TSA”) with the validation of the identity of each flight-deck and cabin crewmember at airport security checkpoints. In the event that the Subscriber's airline employer is not paying for this service, the Subscriber agrees to purchase and pay for the KCM Service and agrees that its use shall be governed by and subject to the terms of this Agreement. Subscriber further understands that use of and access to the Service is subject to the terms and conditions of the TSA which can be found in their airline employer’s Aircraft Operator Security Program documentation and Subscriber agrees with such terms as a condition of use of the Service.
2. KCM Access Management
When a crewmember attempts to access the KCM security screening area at a participating airport, they will be required to provide a valid airline ID badge with crewmember’s name, photograph, employee ID number, and one additional government issued photo ID. Crewmembers must also be in uniform.
2.1 Password and Access to the Service
Subscriber shall create a login ID and password to access portions of the Service via myKCMsupport. The Subscriber must keep this password private and confidential. The Subscriber shall be responsible for all use of the Service accessed through his/her password(s) and any passwords created by or on behalf of Subscriber for additional authorized access to the Service. Subscriber is solely responsible for protecting its password and for any authorized or unauthorized use of the password. Subscriber further certifies that they are in compliance with all applicable laws and regulations and agrees to comply with the following security conditions and requirements:
Interruptions to Access – Access to the KCM Service is subject to interruptions at ARINC’s discretion or interruptions may be caused by suppliers, communications carriers or other related companies. ARINC will make commercially reasonable efforts to notify crewmembers of any significant interruptions to the Service that may be reasonably anticipated and that are under the control of ARINC. Access hours are subject to change at any time by ARINC or TSA without prior notice. ARINC shall not be liable for any direct or indirect damages arising out of the operation, functionality, availability, or lack thereof of the Service, communications carriers, or other related companies.
4. Subscriber’s Rights
ARINC KCM subscribers have the right to discontinue the use of this service at anytime. To discontinue the use of KCM the subscriber must log into their myKCMsupport account and change their status from Active to Inactive. Access to the KCM Service will be discontinued immediately.
5. Service Issues
Subscriber has two methods of communicating any problems or issues associated with this Service. The first is with their airline’s KCM point of contact. The second is via the feedback link located on their individual myKCMsupport website.
6. ARINC Requirements
Subscriber agrees to be bound by all TSA regulatory requirements associated with the KCM Service.
6.1. Intellectual Property Rights. Subscriber acknowledges and agrees that the KCM Service’s Website and Service constitute confidential and proprietary information of ARINC and its licensors and embodies trade secrets and intellectual property protected under United States copyright and other laws. All text, software (including source and object codes), visual, oral or other digital material, advice, information, data, and all other content of any description available through or included in the KCM Service (collectively, the "Content"), and all world-wide copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how, database rights, and all other rights in or relating to the Content and Service (collectively, the "Intellectual Property") are owned by ARINC or its licensors. Subscriber may only use the Content, Service, or Intellectual Property as expressly permitted in this Agreement and for no other purposes.
6.2. Grant of License, Confidentiality. ARINC grants Subscriber a personal, temporary, nonexclusive, non-assignable and non-transferable license to use the KCM Service solely for Subscriber’s own purpose, and not for redistribution to third parties. Subscriber expressly acknowledges that any intellectual property rights not expressly granted herein are expressly reserved to ARINC, its suppliers and licensors. Subscriber further acknowledges that all right, title, and interest in and to all parts of the KCM Service, including, without limitation, associated intellectual property rights, are and shall remain with ARINC and its licensors. Subscriber shall not, and shall cause its employees and agents not to, disclose or transfer any portion of the KCM Service to any third party. Subscriber further agrees not to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, sublicense, distribute, remarket or otherwise dispose of any portion of the KCM Service. If ARINC at any time or from time to time performs
Subscriber agrees to defend, indemnify and hold harmless ARINC, including its officers, agents, affiliates, employees, licensors, and service providers, from any and all claims, liability, and expenses, including reasonable attorneys' fees, for bodily injury or property damage, relating to or arising out of Subscriber’s use of the KCM Service except for ARINC’s gross negligence or willful misconduct.
8. Limitation of Liability
NEITHER ARINC NOR ANY OF ITS LICENSORS OR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, RELATING TO COMPUTER VIRUSES OR SUBSCRIBER USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE SERVICE; LOSSES FROM INTERRUPTION, TERMINATION OR FAILED OPERATION OF THE KCM SERVICE; OR ANY BREACHES OF SECURITY WITH RESPECT TO ANY SUBSCRIBER INFORMATION. THE CHARGES FOR SERVICES PROVIDED AND THE TERMS OF THIS AGREEMENT REFLECT THE ALLOCATION OF RISK ASSUMED BETWEEN THE PARTIES HERETO.
9. Disclaimer of Warranty
SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE KCM SERVICE IS AT SUBSCRIBER’S SOLE RISK. THE KCM SERVICE AND CONTENT ARE AVAILABLE STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.
11. New Terms and Third Party Restrictions
Subscriber understands that elements of the KCM Service are obtained from third parties and government agencies that impose certain terms and restrictions upon, and limitations of liability from, end users. Therefore, such terms, restrictions and limitations of liability may be amended from time to time at ARINC’s discretion. Subscriber is under no obligation to accept such terms and conditions and may discontinue use of the service in the event Subscriber chooses not to accept such new or modified terms and conditions. However, Subscriber's continued use of the Service following notice of any amendment(s) constitutes Subscriber’s consent to be bound thereby. In the event Subscriber elects not to be bound by any amendment(s), Subscriber shall notify ARINC within five (5) days after its receipt of the amendment(s) and shall inactivate their account and discontinue use of the Service.
12. Choice of Law
This Agreement shall for all purposes be governed, interpreted, construed and enforced solely and exclusively in accordance with the law of the State of Maryland, USA, without regard to conflicts of law provisions thereof.
13. Severability and Survival
If any provision of this Agreement is determined to be invalid or unenforceable, such provision shall be enforced to the maximum extent permissible and all other provisions shall remain in full force and effect.
14. Modification of Service
ARINC and the TSA may modify, suspend, discontinue, delete, or restrict the use of any portion of the KCM Service or Content at any time without notice or liability. ARINC may reasonably deny access to Subscriber or any other user at any time. Any amendment or modification applies only from the date on which it is included in the contract and any amended dispute resolution procedures do not apply to any dispute of which the parties had actual notice on or prior to the date of such amendment. Subscriber is under no obligation to accept such modification(s) and may discontinue use of the Service.
By choosing to access the KCM Service from any location other than the United States, Subscriber accepts full responsibility for compliance with all local laws related to use of the KCM Service, if applicable. The Content may not be legal or appropriate to use outside the United States. Subscriber is also subject to United States export controls and is responsible for any violations of United States embargoes or other federal rules and regulations restricting exports.
Subscriber may not assign this Agreement in whole or part without the written consent of ARINC.
17. Acceptance of Terms
Subscriber understands that, if Subscriber is dissatisfied with the KCM Service, Subscriber’s sole and exclusive remedy is to discontinue using the Service after which Subscriber will no longer be charged.
Known Crewmember is a trade mark of the Air Line Pilot’s Association, International. ARINC developed this service and provides this service under contract with Airlines for America.
- Subscriber agrees to immediately notify ARINC of any unauthorized use of the password, or account or any other breach of security of which Subscriber becomes or is aware.
- Subscriber agrees to properly close out (logoff) of his/her myKCMsupport account at the end of each session.
- ARINC ASSUMES NO LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE ARISING FROM THE USER'S FAILURE TO COMPLY WITH THESE CONDITIONS AND REQUIREMENTS.