Routefusion, Inc. Website Terms of Service

Last Updated: May 10, 2022

 

Welcome to the Routefusion, Inc. (“Routefusion”) website, https://routefusion.com (the “Site”).  Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Site and related services accessible via our Site, excluding the use of the Routefusion cross-border payment platform which is governed by the separate Payment Provider Services Agreement, and any other separate written terms and conditions or policies governing specific Routefusion products or services (the “Excluded Terms”).  If there is a conflict between these Terms and the Excluded Terms, the Excluded Terms shall govern.  To make these Terms easier to read, the Site and our services are collectively called the “Services.”

Agreement to Terms

By using our Services, you agree to be bound by these Terms.  If you don’t agree to these Terms, do not use the Services.  If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.  In that case, “you” and “your” will refer to that company or other legal entity.

Changes to Terms or Services

We may modify the Terms at any time, at our sole discretion.  If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications.  It’s important that you review the Terms from time to time because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms.  If you don’t agree to be bound by the modified Terms, then you cannot use the Services anymore.  Because our Services evolve over time we may change, suspend or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use the Services

You may use the Services only if you are 18 years or older, capable of forming a binding contract with Routefusion, and are not barred from using the Services under applicable law.

Registration and Your Information

In order to open and maintain a Routefusion user account (“Account”), you must satisfy Routefusion’s onboarding criteria as such may be modified from time to time, in Routefusion’s sole and absolute discretion.  You represent and warrant that any information that you provide to us is accurate and complete and that you will keep this information up to date at all times.  Any failure to do so may result in termination or suspension of your use of the Services.  You agree that you won’t provide access to your Account to anyone and that you will notify us immediately of any unauthorized use of your Account.  You are responsible for all activities that occur under your Account, whether or not you know about them.

Transactions

If you submit an order to send money through the Services (“Transaction”), you are requesting that we process your Transaction, an offer that we may accept or reject at our sole discretion.  We reserve the right to refuse any Transaction or limit the amount to be transferred, either on a per transaction or aggregated basis.  Further, Routefusion may, from time to time, contract with one or more service providers, third party vendors, or affiliates to provide the Services and assist with the Transactions, which may include processors, banks, or financial institutions (collectively, the “Financial Service Providers”). 

Feedback

Routefusion welcomes feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing Routefusion at support@routefusion.com.  Any feedback you provide through the Services will not be considered confidential.  Routefusion shall be free to use such information on an unrestricted basis without any payment, attribution or other obligation to you.

Privacy Policy

Please refer to our Privacy Policy at https://routefusion.com/privacy-policy/ for information on how we collect, use and disclose information from our users.  By using our Services, you agree that Routefusion can use such data in accordance with our Privacy Policy.  In connection with your use of the Services, we may send you disclosures or notices in connection with the Services, support messages, and other communications related to the Services or Routefusion.  You may opt out of these communications by contacting Routefusion, however, if you do so your use of the Services may be terminated. 

Intellectual Property Rights

Routefusion and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights.  You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign 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.

Subject to your compliance with these Terms, Routefusion grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely as permitted by these Terms.

General Prohibitions

You must follow any policies made available to you within the Services. You agree not to do any of the following:

  • Use the Services for any fraudulent, unlawful, deceptive, or abusive purposes; 

  • Provide false or inaccurate information to Routefusion or any of its Financial Service Providers; 

  • Permit any third party to benefit from the use or functionality of the Services via a rental, lease, timesharing, service bureau, or other arrangement;

  • Attempt to reverse engineer, modify, decompile, disassemble, decrypt, decipher or extract any the Services;

  • Remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices displayed on the Site or incorporated in the Services;

  • Attempt to probe, scan, or test the vulnerability of any Routefusion system or network or breach any security or authentication measures;

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Routefusion or any of Routefusion’s Financial Service Providers or any other third party (including another user) to protect the Services;

  • 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;

  • Violate any applicable law or regulation; or 

  • Encourage or enable any other individual to do any of the foregoing.

We have the right to investigate violations of these Terms or conduct that affects the Services.  We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Third Party Websites or Resources

The Services may contain links to third-party websites or resources.  We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites.  You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

Termination

We may suspend or terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.  You can also stop using our Services at any time.  Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and general terms.

Warranty Disclaimer

YOUR USE OF THE SITE AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE AND ANY SERVICES OR INFORMATION OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER ROUTEFUSION NOR ANY PERSON ASSOCIATED WITH ROUTEFUSION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, TIMELINESS, OR AVAILABILITY OF THE SITE OR THAT THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER WRITTEN, ORAL OR MULTIMEDIA, OBTAINED BY YOU FROM THE SITE WILL CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TO THE FULLEST EXTENT PROVIDED BY LAW, ROUTEFUSION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Routefusion, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of these Terms; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.  This defense and indemnification obligation will survive these Terms and your use of the Services.

Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, NEITHER ROUTEFUSION NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROUTEFUSION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU ARE RESPONSIBLE FOR ALL REVERSALS, CHARGEBACKS, CLAIMS, FEES, FINES, PENALTIES, AND OTHER LIABILITIES INCURRED BY ROUTEFUSION, OUR FINANCIAL SERVICE PROVIDERS, OR OTHER THIRD PARTIES ARISING FROM YOUR USE OF THE SERVICES OR A THIRD PARTY’S ACCESS TO YOUR ACCOUNT. YOU AGREE TO BE LIABLE TO ROUTEFUSION, OUR FINANCIAL SERVICE PROVIDERS OR OTHER THIRD PARTIES FOR ANY AND ALL SUCH LIABILITY. 

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ROUTEFUSION’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS ($100 USD). 

General Terms

These Terms constitute the entire and exclusive understanding and agreement between Routefusion and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Routefusion and you regarding the Services.  These Terms control the relationship between Routefusion and you.  Except as expressly set forth herein, these Terms do not create any third party beneficiary rights.  If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.  These Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by Routefusion under these Terms, including those regarding modifications to these Terms, will be given by Routefusion: (i) via email; or (ii) by posting to the Site.  For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Routefusion’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.  The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Routefusion.  Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

The laws of Texas, excluding Texas’ conflict of laws rules, will apply to any disputes arising out of or relating to these Terms.  All claims arising out of or relating to these Terms will be litigated exclusively in the federal or state courts of Travis County, Texas, and you and Routefusion consent to personal jurisdiction in those courts.

Contact Information

If you have any questions about these Terms or the Services, please contact Routefusion at support@routefusion.com, by mail at Routefusion, Inc. 1305 E 6th St Unit 10, Austin, TX 78702, or by sending us a message through our “Contact” page on the Site, available at https://routefusion.com/contact-international-payments-api/