Terms of Service

Effective Date: October 26, 2016

OpenRoute Inc. (“OpenRoute”, “we” or “our”) operates an informational website about the products and services it makes available. This Terms of Use governs your (for the purposes of this Terms of Use you will be referred to as “you” or “your”) use of and access to the Website (defined below).

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE” OR THE “TERMS”) CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “WEBSITE”) IN ANY WAY, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH OPENROUTE, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF OPENROUTE YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. THE TERM “YOU” OR “USER” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE WEBSITE.

PLEASE BE AWARE THAT SECTION 12 OF THESE TERMS, BELOW, CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND OPENROUTE HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS THAT YOU HAVE AGAINST OPENROUTE TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 12 OF THESE TERMS: (i) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST OPENROUTE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (ii) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. THE ARBITRATION PROVISIONS SET FORTH IN SECTION 12 OF THESE TERMS COULD AFFECT YOUR RIGHT TO PARTICIPATE IN PENDING CLASS ACTION LITIGATION. PLEASE SEE SECTION 12 FOR MORE INFORMATION REGARDING THESE ARBITRATION PROVISIONS, INCLUDING THE ARBITRATION PROVISIONS’ IMPACT ON THE PENDING CLASS LITIGATION AND HOW TO OPT OUT OF ARBITRATION. THE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF WASHINGTON, 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 THESE TERMS.

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY OPENROUTE IN ITS SOLE DISCRETION AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF CHANGES TO THE TERMS INDICATES YOUR ACCEPTANCE OF SUCH CHANGES. When changes are made, OpenRoute will make a new copy of the Terms of Use available on the Website and any new Supplemental Terms will be made available from within, or through, the affected services on the Website. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, and you have registered with us to create an Account (as defined in Section 2.1 below) we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new Users of the Website and will be effective thirty (30) days after posting notice of such changes on the Website for existing Users, provided that any material changes shall be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes. OpenRoute may require you to provide consent to the updated Terms in a specified manner before further use of the Website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

1. Use of the Website. The Website, and the information and content available on or through the Website are protected by copyright laws throughout the world.

1.1 Certain Restrictions on Use of the Website. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any portion of the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark or logo (including images, text, page layout or form) of OpenRoute; (c) you shall not use any meta tags or other “hidden text” using OpenRoute’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials made available through the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Website in order to build a similar or competitive website, platform or service; (g) except as expressly stated herein, no part of the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on any portion of the Website. Any future updates or other additions to the Website shall be subject to these Terms. OpenRoute, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Website automatically terminates your right of access to the Website, pursuant to the Terms.

1.2 Third-Party Materials. As a part of the Website, you may have access to materials that are hosted by another party (e.g., third party advertisers). You agree that it is impossible for Company to monitor such materials and that you access these materials at your own risk.

1.3 Feedback. You acknowledge and agree that any feedback, comments or suggestions you may provide to OpenRoute regarding OpenRoute or the Website is entirely voluntary and OpenRoute is free to use such feedback, comments or suggestions as OpenRoute sees fit and without any obligation to you.

2. Ownership of the Website. You acknowledge and agree that the Website, including, without limitation, the trademarks, trade names, logos, content, works of authorship and other materials therein, are the sole and exclusive property of the OpenRoute and its licensors.

3. Your Conduct & Responsibilities as a User.

3.1 Hacking. You agree that you will not, under any circumstances:

(a) Use automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with the Website;

(b) Interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;

(c) Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support the Website; or (ii) the enjoyment of the Website by any other person;

(d) Institute, assist, or become involved in any type of attack, including, but not limited to, distribution of a virus, denial of service attacks upon the Website, or other attempts to disrupt the Website;

(e) Attempt to gain unauthorized access to the Website;

(f) Attempt to probe, scan, or test the vulnerability of any OpenRoute system or network, or breach any security or authentication measures;

(g) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems, resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites; or

(h) Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by OpenRoute or any of OpenRoute’s providers or any other third party to protect the Website.

3.2 Unauthorized Use or Access. You agree that you will not, under any circumstances:

(a) Interfere or attempt to interfere with the proper functioning of the Website;

(b) Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;

(c) Use, display, mirror or frame the Website, or any individual element within the Website, OpenRoute’s name, any OpenRoute trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without OpenRoute’s express written consent;

(d) Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through the Website;

(e) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website; or

(f) Use the Website to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.

4. Third-Party Links. The Website may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left the Website and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Company. Company is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Company provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

5. Indemnification. You agree to indemnify and hold OpenRoute, its parents, subsidiaries, affiliates, officers and employees (collectively, the “OpenRoute Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use the Website; (b) your violation of the Terms; (c) your violation of any applicable laws, rules or regulations through or related to your use of the Website; and (d) your interaction with any third parties, including but not limited to other users, with whom you connect through the Website. OpenRoute 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 OpenRoute in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Website. This provision does not require you to indemnify the OpenRoute Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promises, misrepresentation, or concealment, suppression or omission of any material fact in connection with the Website.

6. Disclaimer of Warranties and Conditions.

6.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. OPENROUTE PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(a) OPENROUTE PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

(b) ANY CONTENT ACCESSED ON OR THROUGH THE WEBSITE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM.

(c) THE WEBSITE MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. OPENROUTE MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE WEBSITE AND/OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS.

6.2 No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT OPENROUTE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD OPENROUTE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO ANY OPERATORS OF EXTERNAL SITES OR ANY OTHER USERS OF THE WEBSITE, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

7. Limitation of Liability.

7.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL OPENROUTE PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT OPENROUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEBSITE; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (3) ANY OTHER MATTER RELATED TO THE WEBSITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. NOTWITHSTANDING THE FOREGOING, OPENROUTE DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY OPENROUTE’S NEGLIGENCE OR FOR (B) ANY INJURY CAUSED BY OPENROUTE’S FRAUD OR NEGLIGENCE.

7.2 Cap on Liability. TO THE FULLEST EXTENT OF LAW, OPENROUTE’S AGGREGATE LIABILITY SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF THE OPENROUTE FOR (i) DEATH OR PERSONAL INJURY CAUSE BY THE OPENROUTE’S NEGLIGENCE, OR FOR (ii) ANY INJURY CAUSED BY THE OPENROUTE’S FRAUD OR FRAUDULENT MISREPRESENTATION.

7.3 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OPENROUTE AND YOU.

8. Remedies.

8.1 Violations. If OpenRoute becomes aware of any possible violations by you of the Terms, OpenRoute reserves the right to investigate such violations. If, as a result of the investigation, OpenRoute believes that criminal activity has occurred, OpenRoute reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. OpenRoute is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or through the Website, in OpenRoute’s possession in connection with your use of the Website, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to your requests for customer service, or (4) protect the rights, property or personal safety of OpenRoute, its Users or the public, and all enforcement or other government officials, as OpenRoute in its sole discretion believes to be necessary or appropriate.

8.2 Breach. In the event that OpenRoute determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the Website, OpenRoute reserves the right to:

(a) Warn you via e-mail (to any e-mail address you have provided to OpenRoute) that you have violated the Terms;

(b) Discontinue your access to the Website;

(c) Notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or

(d) Pursue any other action which OpenRoute deems to be appropriate.

9. Term and Termination.

9.1 Term. The Terms commence on the date upon which you first access the Website, and remain in full force and effect while you use the Website, unless terminated earlier in accordance with the Terms.

9.2 Prior Use. Notwithstanding the foregoing, if you used the Website prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the Website (whichever is earlier) and will remain in full force and effect while you use the Website, unless earlier terminated in accordance with the Terms.

9.3 Effect of Termination. Termination of these Terms includes removal of access to the Website and barring of further use of the Website. Upon termination of your access to the Website, your right to use the Website will automatically terminate immediately. All provisions of the Terms which by their nature should survive, shall survive termination of these Terms, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

10. International Users. The Website can be accessed from countries around the world and may contain references to websites and content that is not available in your country. These references do not imply that OpenRoute intends to announce such content in your country. The Website is controlled and offered by OpenRoute from its facilities in the United States of America. OpenRoute makes no representations that the Website is appropriate or available for use in other locations. Those who access or use of the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. General Provisions.

11.1 Electronic Communications. The communications between you and OpenRoute use electronic means, whether you visit the Website or send OpenRoute e-mails, or whether OpenRoute communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from OpenRoute in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that OpenRoute provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

11.2 Release. You hereby release OpenRoute Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Website, including but not limited to, any interactions with or conduct of relating to any third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Website. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

11.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without OpenRoute’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

11.4 Force Majeure. OpenRoute shall not be 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, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

11.5 Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Website, please contact us at: info@OpenRoutewifi.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

12. Arbitration Agreement and Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with OpenRoute and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

12.1 Scope of Arbitration Agreement (“Arbitration Agreement”). You acknowledge and agree that any dispute or claim relating in any way to your access or use of the Website or to any other aspect of your relationship with OpenRoute will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or the OpenRoute may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose before this or any prior Agreement.

NOW OR IN THE FUTURE, THERE MAY BE LAWSUITS AGAINST THE OPENROUTE ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS. SUCH CLAIMS, IF SUCCESSFUL, COULD RESULT IN SOME MONETARY RECOVERY TO YOU.

THE EXISTENCE OF SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS DOES NOT MEAN THAT SUCH LAWSUITS WILL ULTIMATELY SUCCEED. BUT IF YOU AGREE TO ARBITRATION WITH THE OPENROUTE, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVERY MONETARY OR OTHER RELIEF UNDER SUCH CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUITS. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE OPENROUTE IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR.

12.2 Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act in all respects. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Corporation Service Company, 2711 Centerville Rd., Suite 400, Wilmington, Delaware USA 19808. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. Payment of all filing, administration, and arbitration fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, OpenRoute will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum.

12.3 Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and OpenRoute. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding on you and OpenRoute.

12.4 Waiver of Jury Trial. YOU AND OPENROUTE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and OpenRoute are instead electing to have claims and disputes resolved by arbitration. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is limited. In any litigation between you and OpenRoute over whether to vacate or enforce an arbitration award, you and OpenRoute waive all rights to a jury trial, and elect instead to have a judge resolve the dispute.

12.5 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor OpenRoute is entitled to arbitration. Instead, all claims and disputes will then be resolved in a court as set forth in Section 13.8 (Exclusive Venue) below.

12.6 Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor OpenRoute can force the other to arbitrate. To opt out, you must notify OpenRoute in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your OpenRoute username (if any), the email address you used to set up your OpenRoute account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: info@openroute.us or OpenRoute Inc., 800 Fifth Avenue, Suite 3700, Seattle, Washington USA 98104. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.

12.7 Survival. This Arbitration Agreement will survive any termination of your relationship with OpenRoute.

12.8 Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and OpenRoute agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in the applicable county within the State of Washington.

13. General Provisions.

13.1 Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the Washington, 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 these Terms.

13.2 Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English. C’est la volonté expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.

13.3 Notice. Where OpenRoute requires that you provide an e-mail address, you are responsible for providing OpenRoute with your most current e-mail address. In the event that the last e-mail address you provided to OpenRoute is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, OpenRoute’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to OpenRoute at the following address: OpenRoute Inc., 800 Fifth Avenue, Suite 3700, Seattle, Washington USA 98104. Such notice shall be deemed given when received by OpenRoute by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

13.4 Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

13.5 Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

13.6 Consumer Complaints. In accordance with the Washington Consumer Protection Act RCW 19.86, you may report complaints to the Attorney General’s Office Consumer Resource Center by contacting them in writing at 800 Fifth Avenue, Suite 2000, Seattle, Washington USA 98104, or by telephone at (206) 464-6684.

13.7 Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

END OF TERMS

BACK TO TOP