Terms & Conditions of Use

Last Updated: October 31, 2024

YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS OUR SERVICES IN ANY MANNER.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS OF USE YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ROUTE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 14 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

IF YOU ARE A CURRENT MERCHANT WORKING WITH ROUTE, OR A MERCHANT LOOKING TO WORK WITH ROUTE PLEASE CLICK HERE FOR THE LATEST VERSION OF THE MASTER SERVICE AGREEMENT (“MSA”).

Terms and Conditions of Use
1. Please read these Terms and Conditions of Use (“Terms of Use”) and our Privacy Policy (https://route.com/privacy) (“Privacy Policy”) carefully because they govern your (“Your,” “You,” or “Yours”) use of the website located at: https://route.com/ (“Site”), the related software-as-a-service platform (“Platform”), and the order shipping, tracking, returns, and other post-purchase solutions services, including but not limited to our shipping insurance policies located at route.com/insurance (the “Route Policy”), accessible via the Site and corresponding mobile application (“App”), as applicable, offered by Route App Inc. ( “Route,” “we,” “us,” or “our”). To make these Terms of Use easier to read, the Site, Platform, Route Policy, and other products and services made available through the Site, Platform, and App, and the content and materials available on them (the “Content”) are collectively called the “Services.”
2. Please read these Terms of Use carefully before using our Services or Content. By accessing or using the Services, clicking on a button or taking any other action to signify Your acceptance of these Terms of Use, or completing our account registration process, You: (i) agree to be bound by these Terms of Use and any future amendments and additions to these Terms of Use as published from time to time through the Site; and (ii) represent You are of legal age in Your jurisdiction of residence and capable of forming a binding contract with Route, and are not otherwise barred from using the Services under applicable law. These Terms of Use include the provisions in this document, as well as those in the Privacy Policy. These terms also include the provisions (including any exclusions and limitations) of the Route Policy, a summary of which can be found at route.com/insurance. If You accept or agree to these Terms of Use on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to these Terms of Use and, in such event, “You” and “Your” will refer and apply to that company or other legal entity in addition to You.
3. Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to You for Your acceptance when You sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Agreement.” Route may modify these Terms of Use at any time from time to time without prior notice and at our discretion. If we do, we’ll let You know by posting the updated Terms of Use on the Site, to the App, and/or may also send other communications. It’s important that you review the Terms of Use whenever we update them, or You use the Services. If You continue to use the Services after we have posted updated Terms of Use it means that You accept and agree to the changes. If You don’t agree to be bound by the changes, You may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services (including, without limitation, the “Route widget” and “Route asset” product offerings), at any time and without notice, at our sole discretion.
4. See our current Privacy Policy, which also governs your use of the Services, for information and notices regarding our collection and use of personal information.

Use of Services and Content
1. The Services. As part of the Services, Route develops and makes available to You, as a consumer and end customer of a merchant who is contracting with Route (a “Merchant”) to offer you the opportunity to add the Services to enhance Your online shopping experience (each end customer, a “Consumer”). For clarity, reference to “Consumer” is deemed a reference to “You” for purposes of these Terms of Use. Our software applications are built as an add-on to Your Merchant’s existing online storefront, if applicable, offering value-added features to You. Route provides software that allows Consumers to file a notice of physical loss or damage from any external cause (“Loss”) and to track the location of their shipments. Upon an election to protect their shipments under the Route Policy, Consumers will receive a link to file such notices of Loss and to track such shipments.
2. Account. In order to access certain features of the Services, You may be required to create an account on the Services directly through the Services or by way of an account you may have with a third party, such as Google, (such Services account, the “Account”) and become a Registered User. For the purposes of this Agreement, You are a “Registered User” if You have registered for any Account. When registering an Account for the Services, You agree to provide only true, accurate, current and complete information about Yourself requested by the registration form (including your name and email address) (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary to keep it current. You represent that You are not barred from using the Services under any applicable law and that You will be responsible for all activities that occur under Your Account. You agree that You won’t misrepresent Your identity, use any other person’s image, likeness, or identity, or otherwise provide any deceptive or misleading profile information in connection with the creation and use of Your Account. If You create Your Account through the use of a third-party account, we may access certain personal information that the third party provides to us such as Your email address and name, as well as other data available in Your account. Further information about the use of third-party accounts is provided in the Privacy Policy. You also represent and warrant to us that You have the right to create Your Account and provide the data to us through such an account. You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the corporate member You represent) to access or use our Services on Your behalf. You are responsible for maintaining the confidentiality of Your user ID and password and are fully responsible for all activities that occur under Your user ID or password. You agree to immediately notify us of any unauthorized use of Your user ID or password or any other breach of security. We may take actions we deem reasonably necessary to prevent fraud and abuse, including placing restrictions on user accounts or on the amount of content that can be accessed from the Services at any one time. We cannot and will not be liable for any loss or damage arising from any unauthorized use of Your Account. You acknowledge and agree that You have no ownership or other property interest in Your Account and that all rights in and to Your Account are owned by and inure to the benefit of Route.
3. Connecting Your Third-Party Account. As part of the Services, You will be asked to connect one or more portions of Your third-party mail account or Your third-party marketplace account to Your Account (including, without limitation, email or purchase activities). To the extent You connect Your third-party email account and/or Your third-party marketplace account with Your Account, You agree that we may access certain personal information and other data available in Your account. Further information about connecting Your third-party email account and/or You third-party marketplace account is provided in the Privacy Policy.

Restrictions on Use of the Services. You agree not to do any of the following:
1. Use, display, mirror or frame the Services or any individual element within the Services, Route’s name, any Route trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Route’s express written consent;
2. Access, tamper with, or use non-public areas of the Services, Route’s computer systems, or the technical delivery systems of Route’s providers;
3. Attempt to probe, scan or test the vulnerability of any Route system or network or breach any security or authentication measures;
4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Route or any of Route’s providers or any other third party (including another user) to protect the Services;
5. Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Route or other generally available third-party web browsers;
6. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
7. Use any meta tags or other hidden text or metadata utilizing a Route trademark, logo URL or product name without Route’s express written consent;
8. Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use;
9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
12. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
13. Impersonate or misrepresent your affiliation with any person or entity;
14. Systematically retrieve data from any of the Services to create or compile, directly or indirectly, a collection, compilation, database or directory, unless with our express written permission;
15. Access or use the Services to develop, or have a third party develop, a product or service that is similar or competitive to the Services, including but not limited to any product or service that offers or makes available shipping insurance to its customers;
16. Send or submit files that contain malware through the Services or while accessing or using the Services;
17. Conduct activities that pose an unacceptable risk of loss as determined by Route in its discretion;
18. Violate any applicable law or regulation; or
19. Encourage or enable any other individual to do any of the prohibited activities above.

Route is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms of Use and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including Member Data, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. Route reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress.

Additional Restrictions. If You use the Services for commercial or business purposes, You will not, during the term of these Terms of Use and thereafter for a period of twenty-four (24) months, for any reason, whether directly or indirectly, (i) solicit, recruit, or encourage any Route customer, employee, or consultant to reduce, alter, or terminate its relationship with Route or (ii) divert any potential Route customer away from Route.

Insurance
1. A summary of the Route Policy (Route’s cargo insurance policy) can be found at route.com/insurance. Route Shipping Protection is subject to and strictly limited by the terms of the Route Policy.
2. In order for Route to extend shipping protection to a Consumer, Route’s licensed producer, Route Insurance Solutions, LLC (f/k/a “Safe Order Solutions”) procures a cargo insurance policy via authorized insurance underwriters (“the Underwriters”) and the Underwriters designate Route as the named insured. The Route Policy extends coverage to online purchases that are lost or damaged while in transit or, “porch pirated” where the transportation of such purchases is tracked through Route. Route’s offer of shipping protection is not intended to provide insurance to You directly, and You acknowledge that You are not an insured or an additional insured under the Route Policy (the foregoing being, collectively, “Route Shipping Protection”). Route is not responsible for and has no liability to You for any acts or omission of Route Insurance Solutions, LLC or the Underwriters with respect to the Route Shipping Protection.
3. Unless Your Merchant has provided Route Shipping Protection to You at no cost, Your election to add packages to the Route Policy is entirely optional. You have the option of obtaining protection from an alternative source or not at all. With respect to goods purchased on a subscription basis, adding Route to an initial subscription purchase will automatically add Route premium and shipping protection to all subsequent installments of said subscription. To cancel Route premium charges and shipping protection, you must cancel your original subscription with Your Merchant.
4. If You elect to add packages to the Route Policy, Route will provide You with a link to a summary of the Route Policy and instructions to file a notice of Loss. The Route Policy does not cover the following without a specific written amendment from Route (collectively the “Policy Exclusions”):
5. Automobiles and Motorcycle; Glass windows, plate glass and similar goods; Jewelry (valued in excess of $1500); Boats & Yachts; Live Animals; Cash; Lumber; Ceramic, marble or granite tiles, slab blocks, countertops or statues; Negotiable Papers; Cigarettes and Other Tobacco Products; Perishable Commodities; Pharmaceutical Drugs; Precious Stones and Metals; Fine Arts (valued in excess of $10,000 per piece); Scrap Metal; Steel Metal and Steel Metal Products; Flowers; and Securities.
6. Route is not liable for more than $250,000 for any one vessel or conveyance per any one account, except that in the following cases, Route Shipping Protection shall not cover more than: $5,000 for any one package or shipment, $2,500 for any one package or shipment containing a laptop or tablet computer, mobile/smart phone or watch (“Shipping Protection Limit”).
7. Any shipments that exceed Route’s Shipping Protection Limit will only be paid out up to the applicable Route Shipping Protection Limit. Route Shipping Protection attaches from the time the covered goods commence transit and/or are located anywhere incidental to transit and continues during the ordinary course of transit until transportation terminates at final destination or until Your interest ceases, whichever occurs first.
8. Claims to recover a Loss (“Claims”) for packages marked “delivered” must be filed between 5 days after the date the package was marked “delivered” and before 30 days from the date the package was marked “delivered.”
9. Claims for packages presumed to be lost (where the status is not “delivered”) must be filed after 7 days from the last checkpoint (20 for international) but before 30 days from the last checkpoint.
10. If you have package protection for an order placed with a Merchant, and experience a Loss, you agree to file a claim first, and follow the Claims process to its conclusion instead of filing a chargeback for the same loss with your credit card provider. If you choose to file a chargeback for the Loss prior to the conclusion of the Claims process, Route reserves the right to refund you the cost of the package protection premium only, in lieu of any other compensation and in full satisfaction of Route’s obligations thereunder.
11. Should the Claim be approved by the Underwriters of the Route Policy based on the sole advisement of Route, it will be deemed to be in full settlement and satisfaction of all claims and demands by You (the “Claimant”). For clarity, Route and its Underwriters reserve the right in its sole discretion to refuse to allow for a Claim to be paid out to You if Route and/or its Underwriters reasonably believe or make a determination that such Claim is fraudulent. In consideration of this payment, the Claimant hereby releases and discharges the Underwriters, Route, and each of their respective principals, executives, agents, employees, representatives, successors, assigns, subsidiaries, and affiliated companies, from any and all further claims existing and/or arising in the future relating to the above-referenced merchandise. If there is a Loss while the package is under the control of a Common Carrier including but not limited to FedEx, UPS, USPS, or DHL, and Route makes a payment to You related to that Loss, Route shall have the exclusive right to seek recovery from the Common Carrier.
12. The Claimant agrees to cooperate with and to assist the Underwriters and Route and, to provide all documentation or other information which may be needed by Underwriters and/or Route; and to execute in the customer’s name any documents which may be necessary to evaluate and process any Claim.
13. In exchange for this Claim payment, the Claimant agrees that any monies collected from any such carrier, vessel, person or corporation, whether received in the first instance by the Claimant or by the Underwriters or Route, shall be the property of Underwriters; and that the acceptance of this claim payment shall not prejudice or take away any rights or remedies which Underwriters would otherwise have by virtue of such payment.
14. In the event of a covered Claim, the Underwriter, or Route, shall approve that the merchandise be either replaced or refunded based on the sole advisement of Route, which is based on its agreement with its Merchant partners. Both replacement and refund options are part of the Terms of Use and have been agreed as such. Route Package Protection or other shipping protection is not included with any other Route product or service and does not extend shipping protection to orders, shipments, or merchandise other than as paid for by the applicable Merchant or You as the Consumer on a per transaction basis. Route is not otherwise liable for any claims, or reimbursement or reorder obligations, to You in respect of any orders, shipments, or merchandise.

Third-Party Services. Your use of the Services (including the App) may contain links to and allow You to access a Merchant’s website, other third-party websites, resources, or services (including, without limitation links to certain brands’ websites and online shops) (collectively “Third-Party Services”). We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, Your use of any third-party resources.

Intellectual Property
1. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If You choose to submit Feedback, You agree that we are free to use it without any restriction or compensation to You.
2. Route Intellectual Property. We own and retain all right, title, and interest in and our Services (except for any licensed content, trademarks, and software components included in the Services, which are the property of their respective owners). Subject to the limited rights expressly granted in these Terms of Use, no rights are granted to You under these Terms of Use (whether by implication, estoppel, exhaustion, or otherwise). You understand and agree that You have no ownership interest in the Services. Our graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Route in the U.S. and/or other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission. We also reserve the right to determine and control all aspects (including all functionality) of the Services and our trade dress, as well as the right to re-design, modify and remove any or all aspects of them.
3. Your Intellectual Property; Aggregate Data. You retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by You to Route in connection with its use our Services and (b) reports and other materials generated by our Services following such transmission (collectively, “Member Data”), provided, however, that, by using the Services, You acknowledge and agree that Route may derive or aggregate in de-identified form any data from: (a) the Member Data; or (b) Your use of the Services, including, without limitation, any usage data or trends with respect to the Services ((a) and (b) collectively, “Aggregate Data”). As between You and us, we own and retain all title, ownership, and intellectual property rights in and to the Aggregate Data.

Termination. We may suspend or terminate Your access to and use of the Services, in whole or in part, including suspending access to or terminating Your Account, at our sole discretion, at any time and without notice to You. You may delete Your Account at any time through the functionality of the App. Upon any termination, discontinuation or cancellation of the Services or Your Account, the following Sections will survive: 3, 4, 7, 9, 10, 11, 13, 14, 15, and this sentence of 8.

Indemnification. You agree to indemnify, defend, and hold Route, its parents, subsidiaries, affiliates, and service providers, and each of their respective officers, employees, contractors, agents, and business partners (collectively, the “Route Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) incurred in connection with any judicial or non-judicial claim, demand or action (each a “Claim”) relating to or arising out of: (a) Your access to, use of, or misuse of the Services, including the Route Discover Affiliate program; (b) Your violation of this Agreement; (c) Your violation of any rights of another party, including any Merchants and/or other Consumers; (d) any dispute with a Merchant regarding their products or services, or the Merchant’s failure to abide by their agreements with You; or (e) Your violation of any applicable laws, rules or regulations. Route reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Route in asserting any available defenses. You will not settle any Claim without Route’s prior written consent.

Disclaimer of Warranty. YOUR USE OF ANY OF OUR SERVICES AND ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO SERVICES, POLICY INFORMATION, GRAPHICS, TEXT AND HYPERLINKS OR REFERENCES TO OTHER WEBSITES, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES IN CONNECTION WITH OUR SERVICES (WHICH INCLUDE THE CONTENT). THE SERVICES (WHICH INCLUDE THE CONTENT) IS PROVIDED “AS IS”, “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, WE DO NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES THAT OUR SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR FREE FROM ERRORS, THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE SERVICES OR CONTENT WILL BE FREE FROM MALICIOUS SOFTWARE, VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE SERVICES OR ANY OF THE CONTENT, NOR THE ADEQUACY, ACCURACY, QUALITY, TIMELINESS, TRUTHFULNESS, OR COMPLETENESS OF THE SERVICES OR ANY CONTENT OR RELIABILITY OF ANY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICES OR CONTENT. NO ORAL OR WRITTEN INFORMATION GIVEN BY ANY PARTY SHALL CREATE ANY SUCH WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability
1. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, ON BEHALF OF OURSELVES AND THE OTHER ROUTE PARTIES, AND OUR SERVICE PROVIDERS I EXPRESSLY DISCLAIM, AND YOU AGREE NOT TO HOLD US RESPONSIBLE FOR, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESSING OR USING OR INABILITY TO ACCESS OR USE ALL OR ANY PART OF ANY OF OUR SERVICES OR ANY OF THE CONTENT, OR YOUR RELIANCE ON SUCH SERVICES AND/OR CONTENT, OR ANY FAILURE OF PERFORMANCE, ERROR, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT, OR LINE OR SYSTEM FAILURE ASSOCIATED WITH SUCH SERVICES AND/OR CONTENT, REGARDLESS OF OUR NEGLIGENCE AND/OR KNOWLEDGE THEREOF, IRRESPECTIVE OF THE THEORY ON WHICH THEY ARE BASED (E.G. NEGLIGENCE, TORT, STRICT LIABILITY), AND EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL ROUTE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF: (I) $100; AND (II) THE AMOUNT OF ANY LOSS THAT WE ARE REQUIRED TO PAY UNDER THESE TERMS OF USE. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROUTE AND YOU.

International Users. The Site and the App can be accessed from countries around the world and may contain references to the Services that are not available in Your country. These references do not imply that Route intends to announce or promote the availability of such Services in Your country. The Services are controlled and offered by Route from its facilities in the United States of America. Route makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law(s).

Governing Law and Forum Choice. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. To the extent the parties are permitted under this Agreement to initiate litigation in a court (other than small claims), or if You are located outside of the United States, both You and Route agree that all claims and disputes arising out of or relating to this Agreement or the Services will be litigated exclusively in the state courts located in Salt Lake City, Utah or federal courts located in the District of Utah.

Dispute Resolution. Please read the following arbitration agreement in this Section carefully. It requires You to arbitrate disputes with Route and limits the manner in which You can seek relief from us.
1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms of Use or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Route agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms of Use, and that You and Route are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use.
2. Exceptions. As limited exceptions to Section 14(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms of Use. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
  - Any arbitration hearings will take place in the county (or parish) where You live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds Your Dispute frivolous. If we prevail in arbitration (i.e., we are the party whose major positions taken could fairly be said to have prevailed over Your major positions on material disputed issues), we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from You. If You prevail in arbitration You will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
5. Injunctive and Declaratory Relief. Except as provided in Section 14(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that You or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
6. Class Action Waiver. YOU AND ROUTE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with Your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
7. Severability. With the exception of any of the provisions in Section 14(f) of these Terms of Use (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms of Use is invalid or unenforceable, the other parts of these Terms of Use will still apply.

Miscellaneous
1. The communications between You and Route use electronic means, whether You visit Services or send Route emails, or whether Route posts notices on Services or communicates with You via email. For contractual purposes, You (1) consent to receive communications from Route in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Agreement that Route provides to You electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect Your statutory rights.
2. This Agreement, and Your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by You without Route’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Route may freely assign, delegate or transfer this Agreement without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
3. Route is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, pandemic, embargos, acts of civil or military authorities, fire, floods, accidents, disputes between You and the Merchant when the Merchant breaches its own terms with You, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
4. Where Route requires that You provide an email address, You are responsible for providing Route with Your most current email address. In the event that the last email address You provided to Route is not valid, or for any reason is not capable of delivering to You any notices required/ permitted by this Agreement, Route’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Route at the following address: Route App, Inc., 1441 W. Innovation Way Suite 200, Lehi Utah 84043. Such notice shall be deemed given when received by Route by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
5. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
6. If any portion of these Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
7. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior and contemporaneous discussions between the parties with respect to such subject matter. Route reserves the right to clarify or amend this Agreement by publicly publishing a new version of them on its or any of its successors’ website.
8. Route is a registered business in Utah, USA.

Contact Information. If You have any questions about these Terms of Use or the Services, please contact Route at support@route.com.

Apple Specific Terms and Conditions. If You comply with these Terms of Use, Route grants to You a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install the App on Your personal computers, mobile handsets, tablets, wearable devices, and/or other devices and to run the App solely for Your own personal non-commercial purposes. Except as expressly permitted in these Terms of Use, You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the App available to multiple users through any means.

This Section 17 applies to any App that You acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the App purchase price to You (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by You or any third party relating to the App or Your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that Your possession and use of the App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms of Use, and upon Your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against You as a third-party beneficiary thereof. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the App.