As used in this Agreement, "you" and "your" refers to you, the person accessing the Services; "we" means (and "us", "our", "ours" and "ourselves" refer to) Route; and "party" or "parties" refers to both you and us. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.
IMPORTANT! YOUR ACCESS TO AND USE OF THE SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING OR USING THE SERVICES IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SERVICES.
You can view, print, download or save this Agreement at any time, under the “Terms of Service” link that appears on our website.
We reserve the right to change these terms and conditions at any time without notice, by updating this Agreement, and such changes will be effective as of the date this Agreement is updated. We may provide notice to you of material revisions by means of a general notice on our website. Your continued use of the Services after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.
We develop and make available to you apps which are designed to enhance your e-commerce platform. Our Shopify app is built to be added on to your existing Shopify storefront, and offer value added features. You will now be able to offer your customers the opportunity to add their shipments to Route’s Parcel Insurance Policy (the “Route Policy”). The Route Policy is a marine cargo insurance policy issued to Route by Certain Underwriters at Lloyd's of London. The Route Policy is provided to Route through Roanoke Insurance Group Inc. For your customers who elect to participate, the Route Policy extends coverage to shipments that are lost, damaged or "Porch Pirated" during transit. A copy of the full Route Policy is available for your review. Route will provide your customer with a Summary of the Route Policy and Instructions to provide Notice of Loss.
The specific terms and conditions of each aspect of the Services (including technical details, support and pricing information) are as posted on our website, as we may amend them from time to time, as well as in any applicable statement of work we may issue to you, in respect of the Services. Where you engage us to custom develop Services, the details of our engagement will be governed by any additional documents and agreements which we may send to you as part of that engagement.
We take reasonable efforts to explain each Service's features to you on our website, but we can't guarantee a Service will look or perform exactly like it appears on a demo page. If you have any questions about any terms or details of any of our Services, please reach out to us at the contact information below.
Route shall use commercially reasonable efforts to provide technical support for Services, in accordance with the terms and conditions which are set out on our website, from time to time. We are not responsible for providing technical support for any apps, products or content which are provided to you by third parties.
Services Continued - Consumer Opt-In
Route provides software for your customers to file a notice of loss, and allows your customers to track their shipments' locations. A link to track shipments and file a Notice of Loss will be sent to customers electing to protect their shipments under the Route Policy.
Upon your agreement below, the Route software and access to the Route Policy will be activated on your site. Upon adding your billing information, the widget will go live on your site. The customer’s cost of the protection provided by the Route Policy will be reflected as $1.00 per $100 of merchandise value or a minimum of $.98 if the total merchandise being purchased if less than $100. If the customer continues to checkout with Route this charge will appear for the customer to review and verify at checkout. If payment collected ultimately includes this protection, Safe Order Solutions, LLC (affiliate of Route) will invoice the merchant weekly via electronic integration done in online boarding process. Safe Order Solutions, LLC will retain the remainder as an administrative fee to cover the technology costs and third-party connections. The Route platform may, from time to time, test cost variances to identify the optimal conversion rate.
THIS SECTION LIMITS OUR SERVICES/LIABILITY TO YOU. PLEASE READ IT CAREFULLY.
The Route Policy does not cover the following: cash, cigarettes and other tobacco products, computer memory modules and cards, cotton, fine art (defined as art valued in excess of $10,000 per piece), flowers, fresh foods (excepting frozen foods in refrigerated containers), jewelry valued in excess of $300 per piece, live animals, negotiable papers, perishable commodities (defined as commodities which spoil or deteriorate when not carried or stored in a temperature controlled environment), pharmaceutical drugs, plants, precious stones and metals, and securities. Automobiles and motorcycles, bagged goods, boats and yachts, ceramic, marble or granite tiles, slabs blocks, countertops or statutes, glass windows, plate glass and similar goods; lumber, used household goods and personal effects; scrap metal, steel metal and steel metal products
If you sell any of the goods that fall under the categories outlined above in any way, you are not eligible to use the Route Policy. By agreeing, you are stating that you do not sell any of the items that fall under the “Excluded Goods” section and void any/all insurance coverage.
Right to use the Services and Intellectual Property
Subject to your compliance with the terms and conditions of this Agreement, we hereby grant to you a limited, non-exclusive, non-assignable, non-sublicensable, revocable right to install and use the Services for the purpose of operating your online store. This right terminates upon termination of this Agreement or any other agreements previously provided to you. Any and all rights not expressly granted to you are reserved by us, and this Agreement does not confer to you a proprietary interest in any Services.
All materials displayed or otherwise accessible on or through the Services, including source code ("Our Content"), and the selection and arrangement of Our Content, are protected by copyright, pursuant to United States copyright laws, international conventions and other copyright laws. We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licences, in Our Content. Portions of Our Content may have been licensed to us or published on our website, or as part of our Services, by third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the Services or Our Content, whether in whole or in part, without our express written permission, is strictly prohibited.
Certain words, phrases, names, designs or logos made available on or through the Services may constitute trademarks, services marks, or trade names that are owned by us or others. The display of such marks on or through the Services does not imply that you have been granted a licence by us or others with respect to them. If you believe in good faith that any material that is made available on or through the Services, infringes your copyright, please notify us using the Contact Us link on our website.
Subject to the terms and conditions of this Agreement, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use our website, including a limited license to download, print and store single copies of Our Content from our website, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover, any source code, in our website. Our Content must not be reproduced, republished, or disseminated in any manner or form without our prior written consent or the prior written consent of the third parties from which such information was collected, as the case may be.
Continued Use, Updates and Upgrades
We reserve the right to modify, update, remove or disable access to any Services, without notice to you, and we will not be liable to you if we exercise those rights. When you use our Service, you have the right to use that Service as of the time you download it. We do not warrant, represent or undertake to provide any updates and in no event shall we be liable to you for our failure to do so.
Third Party Services and Content
We are not a party to any relationship between you and any third party, including, but not limited to, you and Shopify or you and your customers (your "Customers"), and as such, we have no responsibility to you as regards to your relationships with these third parties. You acknowledge and agree that you have no recourse against us for any acts or omissions of third parties, and your interaction with third parties is entirely at your own risk.
Your use of the Services may rely on services and products which are offered by third parties ("Third Party Services"). We have no responsibility to you for anything third parties do (or fail to do) and we provide no warranties or guarantees about third parties or Third Party Services. Your use of Third Party Services may be subject to specific terms and conditions which are set by those third parties.
We may make third parties' content and materials ("Third Party Content") available to you through our websites, such as reviews. Our making available of such Third Party Content does not constitute an endorsement or recommendation, and we are not responsible for any reliance you may place on Third Party Content. We make no warranties or representations as to any Third Party Content and we shall have no liability for it. Any opinions or statements made by third parties are those of such third parties, and do not necessarily state or reflect our views.
You agree that we will have no liability to you with respect to the acts, omissions, errors, representations, warranties, breaches or negligence for any damages or expenses resulting in any manner from your interactions with any: a) third parties; b) Third Party Services; or c) Third Party Content, and we are not obliged to become involved in any disputes you may have with any third parties. If you have a dispute with any third parties, you release Route and its Others from any direct, indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any direct, indirect, incidental, special, consequential, exemplary or other damages, arising out of or in any way related to such disputes and/or our Services.
The Services and the materials on our website are provided on an "as is" basis and without warranties of any kind, expressed or implied. By accessing and using the Services and the materials on our website, you acknowledge and agree that such access and use is entirely at your own risk. We make no representation or warranties regarding the use or the results of the Services or the materials on our website (whether provided directly by us or through third parties or our affiliates), including, without limitation, that the Services or materials on our website will be accurate, complete, correct, timely or suitable, that the Services and the materials on our website are of merchantable quality or fit for a particular purpose, that the Services and the materials on our website will be available or uninterrupted at all times or that the Services and the materials on our website will be free from errors, viruses or other harmful components. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, warranties and conditions regarding use of the Services and the materials on our website, including all implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement, whether express or implied, or arising from a course of dealing, usage or trade practice. We are not responsible for what others do with any materials or information you choose to share using the Services.
Limitation of Liability
THIS SECTION LIMITS OUR LIABILITY TO YOU. PLEASE READ IT CAREFULLY.
To the maximum extent permitted by law, under no circumstances shall you be entitled to recover any special, incidental, consequential or indirect damages from Route or its Others, which you may suffer arising out of, caused by, or in connection with, the use, or inability to use, the Services, any inaccuracy, incompleteness or incorrectness contained in the materials displayed, accessed or used as part of the Services, or your reliance or acting upon the materials used as part of the Services, including any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or profits, regardless of the cause and whether arising in contract, tort, in equity, at law or otherwise, and whether or not Route has or had been advised of the possibility of such losses or damages. Unless otherwise agreed to by you and Route in writing, under no circumstances shall the liability of Route and its Others to you, for damages or losses suffered by you arising out of, related to or caused by, the Services, or the use thereof, exceed a maximum equal to the amount actually paid by you for the Services in the twelve (12) months' period preceding such losses or damages You acknowledge and agree that the payments paid by you for the Services reflect the allocation of risk set forth in this Agreement and that Route would not enter into this Agreement without these limitations on liability.
You agree to release, remise and acquit Route and its Others from any claims, actions, demands, costs and expenses of any kind whatsoever, whether in contract, negligence or tort, at law or in equity, or by statute or otherwise, howsoever caused, with respect to your use of, or our operation of, the Services, except as may be set out in the preceding paragraph.
You agree to indemnify and hold harmless Route and its Others from any claim or demand (including reasonable legal fees, expert fees and other reasonable litigation costs), arising from, incurred as a result of, or in any manner related to, your use of the Services, including, but not limited to: a) your breach of this Agreement; b) any misrepresentation made by you to any third party; c) any third party claim in respect of the Services involving or related to your or your Customers' use of the Services; d) your ability or your Customers' ability to access and use the Services; or e) your violation of applicable laws, rules or regulations or the rights of any third party.
Cancellation, Termination & Refund Policy
If you breach any provision of this Agreement (as determined by us, in our sole discretion), we may terminate this Agreement and you may no longer use the Services. We may, at any time, and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Services, all without notice or liability to you or to any other person.
We shall not be responsible for refunding or otherwise paying any funds, amounts or credits that we may owe to you if we have suspended or terminated your permission to use the Services or any part thereof. We reserve the right to cease, suspend or interrupt operation of, or access to, the Services or any part thereof, and we shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall we have any liability for such cessation, suspension or interruption of access.
While we do not offer any refunds on the Services and all sales are final, you may cancel the app at any time at no charge. Simply uninstall the app(s) (or other Services) that you no longer want to use.
When the Services are terminated by you or by us, for any reason, we will stop providing the Services to you, and you will no longer be able to access your Route account. You shall uninstall and/or delete any apps or other software you have downloaded from us. The termination of the Services may result in the loss of content which is associated with your account and we are not responsible for storing or providing you copies of such content.
Provisions which, by their nature, should survive termination of this Agreement (including, without limitation, obligations you have to pay or indemnify us, limitations on our liability and any releases of us, terms regarding confidentiality, ownership or intellectual property rights and rules which govern disputes between us), shall survive termination of this Agreement.
Route is a registered business in Utah, USA.