Terms & Privacy Policy

Route Site & Platform Terms and Conditions

Section 1.              Platform License

1.1           Route Insurance Platform.  Route will provide the Customer with internet access to Route’s insurance software, platform and infrastructure as described in this Agreement, and such software, platform and infrastructure are collectively referred to herein as the “Platform.” The Platform includes means for the Customer to review insured orders, trends, and shipping data (the result of which is sometimes referred to as the “Solution”).

1.2           Platform License.  Subject to the terms and conditions of this Agreement, Route grants to Customer a non-exclusive, limited license to use the Platform in executable form through an internet-based interface (the “Licensed Platform”). Customer may only use the Licensed Platform for Customer’s internal use with Customer’s own data and by Customer’s Users. For the purpose of this Agreement, “User” is defined as an individual who is authorized by Customer to use the Licensed Platform and to whom Route has issued a user identification and password, including Customer’s employees, consultants, contractors and agents. Route authorizes the Customer to designate the number of Users set forth in the online license. Customer may from time to time delete or replace a User, but each User identification and password may only be used by one individual. Using the Licensed Platform for purposes outside this Agreement, with third party data, or to benefit external clients of the Customer is strictly prohibited.

(a)           Ownership.  The Licensed Platform shall remain the property of Route. The Licensed Platform shall at all times reside on servers owned or controlled by Route and may only be accessed through Route’s user interface. Customer is not authorized to copy or download the Licensed Platform or any components thereof (other than any part of the user interface cached by Customer’s browser).

(b)           Conditions.  Customer’s use is conditioned upon Customer’s timely payment of the full amount of fees due under this Agreement and compliance with the terms of this Agreement, including the restrictions set forth below. When the term of this Agreement expires, license rights also expire and Customer may no longer use the Licensed Platform.

(c)            Restrictions.  Except as expressly allowed by this Agreement, Customer may not (i) transfer, convey, license or sublicense the Licensed Platform to any third party, in whole or in part, in any form, whether modified or unmodified unless prior written consent is obtained from Route; (ii) allow the number of Customer’s Users to exceed the number of authorized Users as set forth in the online license; (iii) generate more than the permitted number of Models as set forth in the online license, (iv) decompile, reverse engineer, or otherwise attempt to derive the source code for the Licensed Platform or any underlying algorithms, user interface techniques, or other ideas embodied in a Licensed Platform; (v) distribute any portion of a Licensed Platform, or allow anyone other than Customer’s Users to have access to or use the Licensed Platform; (vi) use the Licensed Platform or its output for any external use (including the processing or analysis of data on behalf of a third party); (vii) use the Licensed Platform or any confidential information of Route to develop or enhance any product that competes with a Route product; or (viii) modify or create a derivative work of any part of the Licensed Platform.

(d)           Customer Requirements.  Customer acknowledges that in order to meaningfully utilize the Licensed Platform, Customer will need to provide the following: (i) internet access with bandwidth consistent with the volume of Customer’s data, (ii) uploadable data formatted in accordance with the Licensed Platform’s technical specifications and with consistent field descriptors and content, (iii) developer(s) or other skilled technicians capable of implementing the Route code, and (iv) a CRM connection to customers data when applicable.

(e)           Delivery.  Route shall use its best efforts to make the Licensed Platform accessible by Users promptly after receipt of authorization from Customer. Route will deliver the Licensed Platform to Customer as a cloud-based platform.

1.3           Service Level Agreement.

(a)           Licensed Platform Availability.  Route shall use reasonable commercial efforts to ensure that Route’s Licensed Platform User Interface section will be available no less than 99% (the “Service Guarantee”) of the time during standard business hours (8am to 8pm Mountain Time, Monday through Friday) in any given monthly billing period, excluding scheduled maintenance, which shall take place no more than four (4) times per month, for no longer than four (4) hours each, and outside of the standard business hours whenever possible. In the event of an outage, Route shall use reasonable commercial efforts to ensure that restoration or repair will be complete within one business day. The Service Guarantee does not apply to any outage resulting from failures of Customer’s systems or internet connections between Customer and Route.

(b)           Credits.  If Route fails to meet the Service Guarantee, Customer will be eligible for a credit (an “SLA Credit”). SLA Credits will be calculated as a percentage of the fees otherwise payable to Route adversely affected by the failure for the current monthly billing period during which the failure occurred (to be applied at the end of the billing cycle), as follows:

(i)             Licensed Platform Availability: Three percent (3%) of the Monthly Fee, as applicable, for each 1 hour of service downtime during standard business hours in excess of the Service Guarantee, up to a limit of 50% of the average Monthly Fee, as applicable;

(ii)            Limitations. Customer is not entitled to an SLA Credit if Customer is in breach of this Agreement (including any payment obligations) until Customer has cured the breach. Customer is not entitled to an SLA Credit if downtime would not have occurred but for Customer’s breach of this Agreement by Customer or Customer’s misuse of the Licensed Platform. To receive an SLA Credit, Customer must contact Route’s account team within ten (10) days following the end of the service disruption. Customer must show that its use of the Services was adversely affected in some way as a result of the downtime to be eligible for the SLA Credit. The SLA Credit is Customer’s sole and exclusive remedy for Licensed Platform unavailability. Notwithstanding anything in this Agreement to the contrary, the maximum total SLA Credit for the monthly billing period, including all guaranties, shall not exceed 50% of the Monthly Fee. Credits that would be available but for this limitation will not be carried forward to future billing periods.

1.4           Cooperation.  Each Party shall make promptly available to the other such information, assistance and cooperation as such other Party may reasonably request in performing its obligations under this Agreement.

1.5           Contact Persons and Notices. The Customer will designate at least one contact person for its account. Notices and other communications shall be directed to the Customer’s contact person or persons at the addresses, emails, or facsimile numbers provided by the Customer in the account management form in the Platform. All notices and other communications required or permitted hereunder shall be in writing and shall be mailed by registered or certified mail, postage prepaid, sent by electronic mail, or otherwise delivered by hand, by messenger, or by nationally recognized overnight courier. Each such notice or other communication shall for all purposes of the Agreement be treated as effective upon delivery if sent by electronic mail, hand delivery, or messenger, on the day after sending if sent by overnight courier, and on the third day after mailing if sent by registered or certified mail.

1.6           Nature of Agreement.  Customer acknowledges that this is a license agreement, not a lease of any real property or purchase of any software or other intellectual property.

Section 2.              Payments

2.1           Fees.  In consideration of access to the Licensed Platform, Customer shall pay to Route the fees and other charges set forth in the online license or elsewhere in this Agreement. Payment of fees and other charges entitles Customer to access the Licensed Platform as set forth in this Agreement. All payments to Route under this Agreement shall be in United States of America dollars and shall be due in advance and payable by Customer as set forth in the online license during the term of this Agreement, without any offset or deduction whatsoever.

2.2           Taxes.  Any sales, use and other taxes or government assessments or duties relating to this Agreement or to payments or services to be rendered under this Agreement shall be paid by Customer in addition to all other payments set forth in this Agreement. If any taxes are withheld from any payments to Route under this Agreement, Customer must pay such taxes and ensure that Route receives the full amount of all payments as stated in this Agreement. This Section 2.2 does not apply to Route’s federal or state taxes based upon its net income or profits.

2.3           Late Payments.  Route may opt to subject the Customer to a finance charge of 12% per annum until paid for any payments more than 10 days late. In addition, the failure of the Customer to pay any amounts due within 10 days after such payments are due shall constitute a material breach of this Agreement, which shall entitle Route, in its sole discretion, to (a) terminate this Agreement and (b) restrict or disable access to the Licensed Platform or any portion thereof until Customer has made full payment of all amounts currently owing, including finance charges.

Section 3.              Confidentiality Obligations and Other Protections

3.1           Nondisclosure of Confidential Information.  Each Party acknowledges that it may have access to certain confidential information of the other Party concerning the other Party’s proprietary data, algorithms, industry know-how, business, business methods, programs, plans, clients, technologies, devices, methods, products, techniques or processes and other information held in confidence by the other Party (“Confidential Information”). Confidential Information includes all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential. Confidential Information also includes, without limitation, any information disclosed by a Party about the technologies, methodologies, equipment, software or processes used by such Party in connection with the Licensed Platform and this Agreement, including any data, computer programs or information obtained by either Party from third parties for use under this Agreement. Each Party agrees that it will not use in any way, for its own account or the account of any third party, except as expressly permitted by, or required to achieve the purposes of, this Agreement, nor disclose to any third party (except as agreed by the other Party, required by law or to that Party’s attorneys, accountants and other advisors as reasonably necessary), any of the other Party’s Confidential Information and will take reasonable precautions to protect the confidentiality of such information, at least as stringent as it takes to protect its own Confidential Information, but in no event less than a reasonable standard of care. Notwithstanding the foregoing provisions of this Section 3.1, Customer is expressly permitted to disclose and discuss the characteristics and capabilities of the Licensed Platform as specified by this Agreement, including, without limitation, the option to identify Route to Customer’s customers and to prospective customers of Customer.

3.2           Exceptions.  Neither Party shall have any obligation under Section 3.1 above with respect to information which is publicly known at the time of disclosure to the receiving Party, which is in the receiving Party’s possession prior to disclosure by the disclosing Party, or which is independently developed by the receiving Party without use or reference to the Confidential Information of the disclosing Party. If any disclosure of Confidential Information is required by law, government regulation, or court order, the receiving Party may make such disclosure upon prior written notice to the disclosing Party so that the disclosing Party may seek a protective order or take other protective action, and the receiving Party shall cooperate therewith to the extent reasonably necessary, at the disclosing Party’s cost and expense. Specific aspects or details of Confidential Information will not be deemed to be within the public knowledge or in the prior possession of the receiving Party merely because aspects or details of the Confidential Information are embraced by general disclosures in the public domain. In addition, any combination of Confidential Information will not be considered in the public knowledge or in the prior possession of the receiving Party merely because individual elements thereof are in the public domain or in the prior possession of the receiving Party, unless the combination and its principles are in the public knowledge or in the prior possession of the receiving Party. Further, for the avoidance of doubt, Confidential Information will include Confidential Information received by the disclosing Party from a third party under a duty of confidentiality. Prior to disclosure of such third party information to the receiving Party, the disclosing Party will determine that it has the right to make such disclosure, advise the receiving Party that the disclosure includes a third party’s Confidential Information, and provide the receiving Party with the terms and conditions of any agreement between the third party and the disclosing Party regarding such Confidential Information.

3.3           Injunctive Relief.  The Parties acknowledge that violation by one Party of any or all of the provisions of Confidentiality in Section 3 would cause irreparable harm to the other Party not adequately compensable by monetary damages. In addition to other relief, it is agreed that temporary and permanent injunctive relief shall be available without necessity of posting bond to prevent any actual or threatened violation of such provisions.

3.4           Pricing Confidentiality.  Though Route may choose to list general pricing and fees publicly, the Customer shall not disclose any pricing or fees to any third party.

3.5           Due Diligence Disclosures.  Disclosures prohibited by this Agreement may be made by a receiving Party to prospective investors, lenders, acquirers, underwriters, and others where a legitimate business need exists, but only for their bona fide due diligence purposes and only if they are also under an obligation of confidentiality at least as protective of the disclosing Party and its Confidential Information as the provisions of this Section 3.

3.6           Unauthorized Access and Improper Purposes.  Customer shall not utilize the Licensed Platform, the results generated through the Licensed Platform, or any of the applications, databases, computer systems or other resources that relate to this Agreement or are the property of Route, to gain unauthorized access to any computer programs, database, computer system or property of a third party or Route or for any improper purpose, including, without limitation, to interfere with or disrupt another computer system or its use, or to alter or delete any data or computer programs, or to propagate viruses, Trojan horses, time bombs or other harmful computer code, or to engage in any unlawful or immoral act, or to assist or encourage any other person in doing any of the foregoing. A breach of this obligation shall give Route the right to terminate this Agreement immediately, notwithstanding anything to the contrary and without any liability or obligation to Customer.

3.7           Representations and Warranties of Route. Route represents and warrants to Customer as follows:

(a)           The Licensed Platform shall not infringe, in whole or in part, any patent, copyright, trade secret, or other proprietary or intellectual property right of any third party, and Route shall have no reason to believe that the Licensed Platform shall infringe, in whole or in part, any patent, copyright, trade secret, or other proprietary or intellectual property right of any third party.

(b)           Route has the authority to enter into this Agreement and to perform all obligations under this Agreement, including, but not limited to, the grant of rights and licenses to the Licensed Platform and related technology and all proprietary rights therein, based thereon, or related thereto.

3.8           Covenants of Customer. Customer represents and warrants to Route as follows:

(a)           Customer shall not in any way or at any time dispute or attack the validity or contest the rights of Route in or to the Licensed Platform and related technology.

(b)           Customer has the authority to enter into this Agreement and to perform all obligations under this Agreement, including, but not limited to, delivery of data to Route. Customer will not, by delivering data to Route and by their business activities, infringe, in whole or in part, any patent, copyright, trade secret, or other proprietary or intellectual property right of any third party, and Customer shall have no reason to believe that the delivery of data to Route and Customer’s business activities shall infringe, in whole or in part, any patent, copyright, trade secret, or other proprietary or intellectual property right of any third party.

Section 4.              Indemnities, Warranty and Disclaimers

4.1           Indemnification by Customer.  Customer will indemnify Route against, defend, and hold it harmless from, any claims, damages, losses and liabilities caused (or alleged to be caused) by Customer, its business practices, or any of its personnel. This includes, without limitation, indemnification against claims arising from personal injury or damage to property caused (or alleged to be caused) by Customer or any of its personnel. Indemnification includes, without limitation, the payment by Customer of judgments, settlements, attorneys’ fees, and other costs and expenses.

4.2           Indemnification by Route.  Route will indemnify Customer against, defend, and hold it harmless from, any claims, damages, losses and liabilities caused (or alleged to be caused) by Route, its business practices, or any of its personnel. This includes, without limitation, indemnification against claims arising from personal injury or damage to property caused (or alleged to be caused) by Route or any of its personnel. Indemnification includes, without limitation, the payment by Route of judgments, settlements, attorneys’ fees, and other costs and expenses.

4.3           Disclaimer.  ROUTE MAKES NO WARRANTIES, REPRESENTATIONS OR PROMISES NOT EXPRESSLY SET FORTH IN THIS AGREEMENT.CUSTOMER ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER’S PRIVACY, CONFIDENTIAL INFORMATION, AND PROPERTY. ROUTE HAS NO OBLIGATION TO PROVIDE SECURITY OTHER THAN AS STATED IN THIS AGREEMENT.ROUTE DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. CUSTOMER IS SOLELY RESPONSIBLE FOR THE SUITABILITY OF THE LICENSED PLATFORM. IF CUSTOMER HAS NOT MADE THE MINIMUM FINANCIAL COMMITMENT FOR USE OF THE LICENSED PLATFORM, THE LICENSED PLATFORM IS PROVIDED AS IS. ANY VOLUNTARY SERVICES ROUTE MAY PERFORM FOR CUSTOMER AT CUSTOMER’S REQUEST AND WITHOUT ANY ADDITIONAL CHARGE ARE PROVIDED AS IS. ROUTE MAKES NO WARRANTY WITH RESPECT TO ANY HARDWARE OR SOFTWARE FROM THIRD PARTIES OR OTHER SOURCES.

4.4           Limitation on Liability.  NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY (REGARDLESS OF THE FORM OF ACTION OR THE CLAIM, SUCH AS CONTRACT, WARRANTY, TORT, MALPRACTICE OR OTHERWISE) FOR INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOSS OF REVENUE, PROFITS, BUSINESS OPPORTUNITIES, OR FOR ANY FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, EVEN IF ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING. THE AGGREGATE LIABILITY OF EITHER PARTY RELATING TO OR ARISING FROM ANY AND ALL CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT OF FEES ACTUALLY DUE BY CUSTOMER TO ROUTE DURING THE YEAR PRECEDING THE EVENT GIVING RISE TO ANY CLAIM. ROUTE IS NOT RESPONSIBLE FOR LOSS OF USE OF ANY WEB SITE, INTERNET ACCESS, HARDWARE OR SOFTWARE, OR CLAIMS BY ANY PARTY OTHER THAN CUSTOMER, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS AGREEMENT DEFINES A MUTUALLY AGREED UPON ALLOCATION OF RISK AND THE FEES AND OTHER CONSIDERATION HAVE BEEN SET TO REFLECT SUCH ALLOCATION. THIS SECTION 4.4 SHALL NOT APPLY TO ANY TORT LIABILITY OF EITHER PARTY BASED ON NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PHYSICAL DAMAGE TO TANGIBLE PROPERTY OR PERSONAL INJURY OR DEATH.

Section 5.              Term and Termination

Term.  The Term of this Agreement shall commence upon the Effective Date and continue (a) in the case of a One-Year Agreement, for one (1) year after the Effective Date unless otherwise terminated as provided herein, or (b) in the case of a Month-to-Month Agreement, on a month-to-month basis until terminated.

 

In the case of a One-Year Agreement, the term of this Agreement shall automatically renew for successive one-year periods upon the end of the initial term, unless Customer gives notice of its intent not to renew which it must do at least thirty (30) days prior to the expiration of the then-current term.

 

In the case of a Month-to-Month Agreement, either Party may terminate this Agreement upon thirty (30) days’ written notice to the other Party. If the One-Year Agreement is renewed or continues, any Fee Increase set forth in the online license shall be effective upon the one-year anniversary of the Effective Date of this Agreement and every year thereafter.  If the Customer prematurely terminates a one year agreement in any pay-per-model license structure, that Customer will be charged retroactively at the standard month-to-month fee schedule for the model(s) previously deployed from the start of the one year agreement period.

 

If the Customer is participating in the “Membership” pricing plan and prematurely terminates that agreement, Route will not refund nor issue credit in the amount of membership fees already paid to Route.

 

For all pay-per-model pricing frameworks, Route maintains the right to adjust terms with at least sixty (60) days prior notification. For all platform pricing frameworks, Route maintains the right to adjust terms with at least thirty (30) days notification.

 

If Route suspects the Customer is abusing the terms of the licensing agreement, Route reserves the right to terminate the Customer account, including the erasure of all deployed models, without prior notification.

 

In the case of hourly fees for services provided, time billed will be rounded up in 30 minute increments.

 

5.1           Breach.  If either Party breaches a material provision of this Agreement and fails to cure such breach within ten (10) days for a monetary breach, or thirty (30) days for any other breach, after receiving written notice of the breach (unless such non-monetary breach is capable of cure, but not within 30 days, and the breaching party promptly commences to cure within such 30-day period and thereafter diligently continues such efforts to cure until completion), the non-breaching Party shall have the right to terminate this Agreement effective immediately on written notice to the breaching Party. In addition, Route may terminate this Agreement for breach on written notice if (a) Route discovers that the information Customer provided to Route about Customer or Customer’s proposed use of the Licensed Platform was materially inaccurate or incomplete, or (b) the number of individuals accessing the Licensed Platform on behalf of Customer exceeds the number of Customer’s authorized Users.

5.2           Survival.  In the event of any termination or expiration of this Agreement, the following shall apply: (a) Section 3, Section 4, Section 5 and Section 6 and all obligations to indemnify or hold harmless shall survive termination or expiration and remain in effect; (b) termination or expiration shall not affect or delay any payment under this Agreement that would be payable in the absence of termination; and (c) access to the Licensed Platform shall cease upon termination or expiration.

Section 6.              General Provisions

6.1           Assignment and Successors.  This Agreement is not assignable or transferable, except that this Agreement may be assigned or transferred by either Party to any third party who acquires all or substantially all of that Party’s assets. Without limiting the generality of the foregoing, such assignment or transfer may be made by either Party in connection with any reorganization, consolidation, acquisition, sale, or merger of or by that Party.

6.2           Compliance with Law.  Each Party shall comply with all applicable federal, state or local laws, rules or regulations in performing the terms and conditions of this Agreement.

6.3           Ownership of Intellectual Property.  Route and Customer each retains all right, title and interest in and to their respective trade secrets, inventions, copyrights, and other intellectual property. Customer will retain ownership of its data, Solutions and Models, but this will not preclude Route or third parties from generating similar or identical Solutions or Models by applying the Licensed Platform to third party data.

6.4           Governing Law and Forum.  This Agreement shall be governed by the laws of the state of Utah without giving effect to conflict or choice of law principles. Any litigation initiated by a Party against the other shall be conducted exclusively in Utah state courts or the federal district courts within Utah and their respective appellate courts.

6.5           Force Majeure.  Except for obligations to make payment, neither Party shall be deemed in breach of this Agreement for any failure to perform an obligation where such failure is caused by an Act of God, labor dispute or shortage, any disruption or latency, in or failure or outage of communications, equipment, software or the Internet, any acts or omissions of third parties, or any other circumstances or cause beyond the control of that Party.

6.6           Marketing.  Route may reference or use Customer’s name or the name of Customer’s partners who directly benefit from the Licensed Platform, and their related trademarks, and may disclose the nature of Customer’s use of the Licensed Platform provided hereunder in Route’s business development and marketing efforts, including its web site.

6.7           Reference.  Customer agrees to act as a reference as a licensee of the Licensed Platform for future Route engagements, on the Route web site, and on Route materials. Customer also agrees to participate in a mutually acceptable joint press release disclosing this Agreement between the Parties.

6.8           Waiver.  Any waiver under this Agreement must be in writing and any waiver of one event shall not be construed as a waiver of subsequent events.

6.9           Attorneys’ Fees.  In the event of any litigation or arbitration or other proceeding between the Parties relating to this Agreement, the prevailing Party shall be entitled to recover from the other Party all reasonable attorneys’ fees and other reasonable costs incurred by the prevailing Party in connection therewith, including, without limitation, costs and attorneys’ fees incurred in any investigations, trials, arbitrations, bankruptcies, and appeals. The term “prevailing Party” for the purposes of this Agreement shall include a defendant who has by motion, judgment, verdict, order or dismissal successfully defended against any claims that have been asserted against it.

6.10        Construction.  This Agreement represents the wording selected by the Parties to define their agreement and no rule of strict construction shall apply against either Party. This Agreement is written in, and shall be governed by, the English language. Unless the context of this Agreement otherwise clearly requires, references to the plural include the singular and the singular include the plural. Wherever the context so requires, the masculine shall refer to the feminine, the feminine shall refer to the masculine, the masculine or the feminine shall refer to the neuter, and the neuter shall refer to the masculine or the feminine.

6.11        Government Approvals.  If any special government approvals, permits, licenses, or other authorizations are necessary for the performance of this Agreement, then Customer shall obtain such approvals, permits, licenses, or other authorizations for the Parties at Customer’s expense.

6.12        Relationship.  Neither Party is the partner, joint venturer, agent or representative of the other Party. Each Party is an independent contractor. There is no employment relationship between the Parties. Neither Party has the authority to make any representations or warranties or incur any obligations or liabilities on behalf of the other Party. Neither Party shall make any representation to a third party inconsistent with this Section 6.12.

6.13        Subcontractors.  Route may subcontract its responsibilities under this Agreement to subcontractors provided that they are obligated to the terms and conditions regarding confidentiality and ownership of intellectual property co-extensive and consistent with those set forth herein, but this shall not excuse Route from its obligations (a) to be the single point of contact for its responsibilities under this Agreement and (b) to ensure that Route’s responsibilities are performed in accordance with this Agreement, even if its subcontractors fail to perform.

6.14        Severability.  If any section, subsection, or provision or the application of such section, subsection, or provision of this Agreement is held invalid, illegal, or unenforceable, the remainder of this Agreement and the obligation of such section, subsection, or provision to persons or circumstances other than those to which it is held invalid, illegal, or unenforceable shall not be affected by such invalidity, illegality, or unenforceability.

6.15        Binding Effect.  This Agreement shall be binding upon and inure to the benefit of the Parties and their respective legal representatives, successors, and permitted assigns.

6.16        Entire Agreement.  This Agreement and any exhibits and schedules hereto (a) represents the entire agreement between the Parties relating to the subject matter of this Agreement, (b) supersedes all prior purchase orders, agreements, understandings, representations and warranties applicable to the subject matter of this Agreement, and (c) may only be amended, canceled or rescinded by a writing signed by both Parties.

6.17         Execution.  By accepting these terms and conditions, the customer has caused this agreement to be executed as of the day and date of acceptance.

 

ROUTE, LLC 2017

Route provides shipping insurance for your online purchases parcel and its contents against loss, damaged and theft while in transit. Route with its exclusive partnership with Safe Order Solutions is committed to providing shipping insurance excellence. We provide worldwide shipping insurance coverage for all carriers. When you purchase your shipping insurance from us you will receive world-class service, fast & easy online claims processing and the peace of mind that comes when you insure your order with a trusted name such as Route.

Policy Administered by:
Safe Order Solutions, LLC.
4525 South Wasatch Boulevard, Suite 250,

Salt Lake City, UT 84124
License #566255

Underwriters:
Navigators Insurance Group | Lloyds of London

 

The right to use any product or service offered by Route is personal to you and is not transferable to any other person or entity. Route reserves the right to make changes to the Route sites, policies, and these terms at any time without notice.

Cancellation Policy/Return Policy

We take great pride in providing you the best possible shipping insurance. The customer is able to cancel their insurance policy for a full refund any time prior to shipment by merchant. Once an item has been shipped, all shipping insurance sales are final.

 

Policy Exclusion

Excluded commodities: Aircraft, Automobiles, Boats, Bulk Commodities, Chassis, Christmas Trees, Cigarettes/Cigars, Coins, Cotton, Currency, Damaged Goods and/or Merchandise, Eggs in the Shell, Flowers(Not Artificial), Gemstones, Used/Preowned Household Goods and Personal Effects, Intermodal Equipment, Live Plants and Animals, Precious Metals, Sheet Rock/Dry Wall/Gypsum Board, Specie, Stamps, Tobacco and Tobacco Products, Televisions, Trailers, Used Equipment, Valuable Paper unless endorsed in writing.

Excluded countries: Afghanistan, Algeria, Angola (including Cabinda), Burma(Myanmar) Burundi, Congo, Democratic Republic of Congo (formerly Zaire), Cuba, Iran, Iraq, Ivory Coast, Jordan, Liberia, Libya, Nigeria, North Korea, Paraguay, Russia and the former Eastern Bloc Countries, Sierra Leone, Sri Lanka, Sudan, Syria, The Commonwealth of Independent States (CIS), Togo, Yemen/People’s Republic of Yemen (North and South Yemen), Zaire (Congo), Zimbabwe, OFAC Restricted Countries and any other Country that is or may become embargoed by the United States or United Nations as sanctioned by the Office of Foreign Asset Control (OFAC)

Loss, damage, or non-arrival of any parcel or the contents of said parcel which is addressed, wrapped or packed insufficiently, incorrectly or contrary to the packaging requirements of the carrier being used by the insured.

Losses (claims) being caused by infidelity, dishonesty, or any overt act on the part of the insured, associate in interest, and/or any of the insured’s employees, whether occurring during hours of employment or otherwise, or on the part of custodians (common carriers excepted), or the property insured, unless specifically endorsed herein in writing. Resulting from inherent vice, decay, clean-up costs, loss of market, loss of use, latent defect, delay, changes in temperature or humidity, or other deterioration, any remote or consequential loss, whether or not arising out of a peril insured against. Arising out of loss from delivering the product to someone who obtains it by trick, false pretense, or other fraudulent schemes.

Against loss or damage caused by or arising out of; a) hostile or warlike action in times of both peace and war, including action hindering, combating, or defending against an actual impending or expected attack; b) any weapon of combat employing atomic fission/fusion or any other radioactive force in times of both war and peace; c) insurrection, rebellion, revolution, civil war, usurped power, or action taken by government authority in hindering, combating or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority or risks of contraband or illegal transportation of trade. Nuclear Exclusion. Notwithstanding anything herein to the contrary, it is hereby understood and agreed that this policy shall not apply to any loss, damage, or expense due to or resulting from, whether directly or indirectly, nuclear reaction, radiation, or radioactive contamination, no matter what its cause.

Conditions

It is warranted by the insured that all parcels under this coverage will be shipped in accordance with all regulations of the carrier and amendments thereof.

Foreign Currency

Foreign currency shall be converted into United States currency; losses to be payable in the same funds and premium payable in United States Dollars at the closing rate of exchange current on the date of issuance of the certificate.

The insured must wait 20 days for domestic, 30 days for international shipments, to file for non-delivery claims. If damaged, the insured may file a notice of damage with Route immediately. All claims must be filed within 60 days of shipment to be honored. The insured will submit a completed Route claim form, copy of the original invoice to the consignee/ original invoice from the shipper, whichever is applicable, a signed and dated statement from the consignee / receiving party, proof of damage if applicable, police report for pilferage claim and any additional documentation requested to substantiate the loss. Coverage does not include handling fees and insurance fees. All damaged property for which payment (not repair costs), or replacement costs have been made, must, on request, be returned to the Underwriters. Failure to hold the damaged property until the claim is fully resolved will result in the claim’s being denied. The insured will have one (1) year from the date of the shipment to furnish any required and/or additional documentation requested by Route in order for the insured to substantiate said claim. Should the insured fail to provide the required and/or additional documentation within one (1) year from the ship date, the insured’s claim will be denied. Any covered loss will be promptly paid to the insured or their assignee after notice of loss or damage and the required documentation has been received and accepted by Underwriters in accordance with all terms and conditions of this coverage, unless property is replaced, at the option of the Underwriters, with like kind, function, and quality.

Upon payment for loss or damage, the Underwriters shall be subrogated to all the rights of the insured including whatever money may be recoverable. This payment excludes applicable deductible amounts corresponding to the claim settlement on account of said loss or damage from the carrier, or any of the carrier’s employees or agents, or from any other person or corporation whatsoever. The insured specifically covenants and agrees to aid the company in all manners possible to aid in securing reimbursement of said loss or damage. In the event the carrier admits to fraudulent activity from the carrier’s employees, the insured will take action against the carrier and not hold Route responsible for claims associated with said activity.

No suit, action or proceedings for the recovery of any claim under this coverage shall be sustainable in any court of law or entity unless the respective action is commenced within twelve (12) months after discovery by the insured of the issue giving rise to the claim, provided however, that said time limitation is invalid by the state law where this coverage is issued. In that case any such claim shall be void.

The insured or the Underwriters may terminate this policy at any time by giving fifteen (15) days written notice thereof, provided that such termination does not impact a shipment already in transit. Certified notice of cancellation sent to the insured at the last known address shall be deemed sufficient compliance with the conditions of this clause on the part of the Underwriters.

Claims

Your online purchase has been insured for loss, damage and theft by Route. If your package is damaged once received or simply does not arrive, please use the following link to make a claim:

Claim Form: https://www.Routeit.ws /website/claims

All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of or released to the shipping carrier before a claim is completed, as photographs may be required. Failure to comply can result in the denial of the claim due to insufficient packing.

Concealed Damage – Allows for the discovery of loss or damage up to 15 days after final delivery. The loss is deemed to have possibly occurred during the insured transit. Discovery of loss or damage occurring 16 days or later after final delivery is deemed to have occurred while the shipment was NOT in transit, and therefore, is not covered.

Insured must wait 20 days for domestic, 30 days for international shipments, to file for non-delivery claims. If damaged, the insured will file a notice of damage with Route immediately. All claims must be filed within ninety (90) days of shipment to be honored. The insured will submit a completed Route claim form, copy of the original invoice to the consignee / original invoice from the shipper, whichever is applicable, a signed and dated statement from the consignee / receiving party, proof of damage if applicable and any additional documentation requested to substantiate the loss. Coverage does not include handling fees and insurance fees. All damaged property for which payment (not repair costs), or replacement costs have been made, must, on request, be returned to the Underwriters. Failure to hold the damaged property until the claim is fully resolved will result in the claim’s being denied.

Once claim has been accepted and approved by the underwriters, prompt payment will be made to the Insured.

Claim Disputes

This Certificate shall be construed and interpreted in accordance with the laws of the State of Utah.

The parties agree that any and all claims or disputes arising out of the Certificate or the performance of the Certificate shall be brought in Salt Lake County, Utah.

The Insured agrees to INDEMNIFY AND HOLD HARMLESS ROUTE and Underwriters from any loss, liability, damage or costs, including court costs and attorney fees that they may incur due to misreading, misunderstanding, and not following the coverage requirements as per Route Terms and Conditions.

 

User of Routeit.ws Sites

Routeit.ws sites may contain links to other Web sites, partners and other resources. Route is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall Route be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or webmaster.

Disclaimer of Warranty; Limitation of Liability

Route neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on routeit.ws sites, nor for any offensive, defamatory or obscene posting made by. Under no circumstances will Route be liable for any loss or damage caused by your reliance on information obtained through the content on Routeit.ws or third party linked sites. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through routeit.ws sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including but not limited to financial, health, or lifestyle information, opinion, advice or other content.

Indemnification

You agree to defend, indemnify and hold harmless Route, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the routeit.ws Sites, including claims by other users of your equipment, access, products or membership.

Excluded countries:

Afghanistan, Algeria, Angola (including Cabinda), Burma(Myanmar) Burundi, Congo, Democratic Republic of Congo (formerly Zaire), Cuba, Iran, Iraq, Ivory Coast, Jordan, Liberia, Libya, Nigeria, North Korea, Paraguay, Russia and the former Eastern Bloc Countries, Sierra Leone, Sri Lanka, Sudan, Syria, The Commonwealth of Independent States (CIS), Togo, Yemen/People’s Republic of Yemen (North and South Yemen), Zaire (Congo), Zimbabwe, OFAC Restricted Countries and any other Country that is or may become embargoed by the United States or United Nations as sanctioned by the Office of Foreign Asset Control (OFAC)

Excluded commodities: Aircraft, Automobiles, Boats, Bulk Commodities, Chassis, Christmas Trees, Cigarettes/Cigars, Coins, Cotton, Currency, Damaged Goods and/or Merchandise, Eggs in the Shell, Flowers(Not Artificial), Gemstones, Used/Preowned Household Goods and Personal Effects, Intermodal Equipment, Live Plants and Animals, Precious Metals, Sheet Rock/Dry Wall/Gypsum Board, Specie, Stamps, Tobacco and Tobacco Products, Televisions, Trailers, Used Equipment, Valuable Paper unless endorsed in writing.

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

 

What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, place an order, fill out a form, Use Live Chat, Open a Support Ticket or enter information on our site.

 

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

      To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
      To improve our website in order to better serve you.
      To allow us to better service you in responding to your customer service requests.
      To quickly process your transactions.
      To send periodic emails regarding your order or other products and services.
      To follow up with them after correspondence (live chat, email or phone inquiries)

 

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.

 

Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
      Help remember and process the items in the shopping cart.
      Understand and save user’s preferences for future visits.
      Keep track of advertisements.
      Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, some features will be disabled. It won’t affect the user’s experience that make your site experience more efficient and may not function properly.
However, you will still be able to place orders .

 

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

 

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We use Google AdSense Advertising on our website.
Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.
We have implemented the following:
      Remarketing with Google AdSense
      Google Display Network Impression Reporting
      Demographics and Interests Reporting
      DoubleClick Platform Integration
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
      On our Privacy Policy Page
Can change your personal information:
      By emailing us
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.
Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
      Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
      Send information, respond to inquiries, and/or other requests or questions
      Process orders and to send information and updates pertaining to orders.
      Send you additional information related to your product and/or service
      Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
      Not use false or misleading subjects or email addresses.
      Identify the message as an advertisement in some reasonable way.
      Include the physical address of our business or site headquarters.
      Monitor third-party email marketing services for compliance, if one is used.
      Honor opt-out/unsubscribe requests quickly.
      Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at
      Follow the instructions at the bottom of each email.

and we will promptly remove you from ALL correspondence.



Contacting Us

 

If there are any questions regarding this privacy policy, you may contact us using the information below.

routeit.ws
10701 South River Front Parkway
South Jordan, Utah 84095
United States
Last Edited on 2017-1-13