Terms Of Use

Effective: July 2022

Your use of the website located at www.routeconsultant.com (the “Site”) is governed by these Terms of Use. Please read the Terms of Use carefully. By accessing the Site or downloading any materials from the Site, you agree to these Terms of Use. If you do not agree to them, do not use the Site or download any materials, and exit the Site immediately. These Terms of Use are in addition to any other agreement between you and Route Consultant including those relating to any of the information or materials available via the Site.

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH US. PLEASE READ IT CAREFULLY.

Definitions. When we say “we” or “us” or “Route Consultant” in these Terms, we mean Route Consultant, our affiliates and those agents we use to provide services on our behalf. When we say “Site”, we mean www.routeconsultant.com and all other websites developed, owned or maintained by Route Consultant and its affiliates.

Authorized Use. Use of the Site is for informational purposes only. Route Consultant is not responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics or any other materials (collectively, the “Content”) transmitted or made available via the Site. Route Consultant is not responsible or liable for any decisions made in reliance on such information.

Any use or attempted use of the Site (i) for any unlawful, unauthorized, fraudulent, or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Site, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Route Consultant to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by Route Consultant, or (vii) for any use other than the purpose for which it was intended, is prohibited.

Site Content. All content accessible within the Site (including without limitation, the “look and feel” of the Site, all text, formatting, graphics, designs, animation, images, audio, and other content, as well as all trademarks and service marks) is proprietary to us or to other parties who have consented to our use of it in accordance with applicable law, including applicable international treaties.

You may not (i) copy, reproduce, transmit, alter, publish, distribute, or create derivative works from the Site content; (ii) frame or deep-link to the Site; or (iii) use meta tags or any other hidden text utilizing our or our content providers’ trademarks or service marks on or in connection with another domain name or Site. The only exception to this is that you may print out a copy of pages solely for your personal use. In so doing, you agree that you will not remove or alter any copyright, trademark or any other proprietary notice or legend appearing in any of the Site content.

All names, logos, and trademarks are the property of Route Consultant, its affiliates, related companies or its licensors or joint venture partners. Route Consultant’s trademarks and brand names may be used only as stated in these Terms of Use or with prior written permission from Route Consultant.

Submissions. No questions, comments, suggestions, information, ideas, concepts, photographs, graphics, or other materials, whether oral, written or electronic (collectively, “submissions”), will be considered or treated as confidential information. Accordingly, do not submit or send any submission to us that you consider contains confidential or proprietary information. Any submission, or any other content of any sort transmitted by you, other than personal data which is covered by our Privacy Policy, will be considered non-confidential and non-proprietary and Route Consultant will not be subject to any restrictions or obligations with regard to it.

Privacy. Unless otherwise addressed in these Terms of Use, your use of the Site is subject to Route Consultant’s Privacy Policy. It is important that you read and understand the terms of the Privacy Policy. Route Consultant may cooperate with and disclose information to any authority, government official, or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from illegal action or infringement, whether related or unrelated to your use or misuse of the Site.

Violations. Route Consultant reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access and/or account. Route Consultant may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by Route Consultant’s Privacy Policy, Route Consultant reserves the right at all times to disclose any information as Route Consultant deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Route Consultant’s sole discretion.

Third Party Web Sites. In some instances, the Site may reference or link to third party web sites. Should you choose to visit those web sites, please remember that Route Consultant is not responsible for their content, their terms of use, or their privacy policies. We encourage you to read and review the terms of use and other legal terms and policies of all web sites you visit. You understand that Route Consultant will not be liable to you in respect of any loss or damage which you may suffer by using those web sites. You agree that you will not involve Route Consultant in any dispute between you and a third party.

Indemnity. You agree to indemnify and hold harmless Route Consultant, and its owners, partners, and affiliates, and their respective officers, directors, employees, representatives, contractors and agents (collectively, the “Indemnified Parties”) from any actions, liability, loss, claim, damage, or expense, including attorneys’ fees and expenses, related to your (i) use of the Site, (ii) violation of these Terms of Use, or (iii) reliance on any of the materials or information or other content available via the Site.

Disclaimer of Warranties; Limitation of Liability. Route Consultant makes no representation or warranties, express or implied, with respect to the accuracy or completeness of the content, information, graphics, text, links, or other material contained on this Site and is not responsible for any errors or omissions in the content of this Site. To the extent permitted by applicable law, everything on the Site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, habitability, or non-infringement. You acknowledge that any reliance upon the Site or the information, material, systems, services, or products contained or discussed therein shall be at your sole risk.

In no case shall Route Consultant, our directors, officers, shareholders, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of our website or any products or services procured using the Site, or for any other claim related in any way to your use of our website or any product or service procured using our website,, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

IN NO EVENT SHALL ROUTE CONSULTANT’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE WEBSITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Investment Advice. None of the information provided through the Site constitutes investment advice, and the views expressed should not be taken as advice to buy or sell any security. Decisions based on information contained or provided through the Site are your sole responsibility and at your own risk.

Nothing on or in the Site shall be considered a solicitation or offer to buy or sell any security, future, option, or other financial instrument or to offer or provide any investment, tax, financial, or legal advice or service to any person in any jurisdiction. Any overviews provided through the Site are intended to be general in nature. While intended to be helpful, these overviews are not a substitute for professional tax, financial, or legal advice. Investors should seek such professional, financial, or legal advice for their situation.

No Offer. This content posted on the Site is provided solely for informational purposes. Except for your agreement to abide by these Terms of Use, nothing in this Site or your use of the content contained herein shall be interpreted as giving rise to or forming the basis of a contract, commitment, or obligation.

Governing Law; Dispute Resolution. If you use the Site and a dispute arises relating to your use, the dispute will be governed by the laws of the State of Tennessee, without regard to its conflict of law provisions.

In the event of a dispute between you and Route Consultant (including any dispute over the validity, enforceability, or scope of this dispute resolution provision), other than with respect to claims for injunctive relief, the dispute will be resolved by binding arbitration pursuant to the rules of the American Arbitration Association Commercial Arbitration Rules. The place of the arbitration shall be in Williamson County, Tennessee. In the event that there is any dispute between you and Route Consultant that is determined not to be subject to arbitration pursuant to the preceding sentence, or in the event this arbitration provision is held unenforceable or invalid by a court of competent jurisdiction, you agree to submit in that event to the exclusive jurisdiction and venue of the courts of the State of Tennessee located in Williamson County or the United States District Court for the Middle District of Tennessee, Nashville Division. You consent and submit to the personal jurisdiction of those courts and waive any objection to the laying of venue and jurisdiction in such courts. You agree that this Agreement and the relationship between you and Route Consultant shall be governed by the Federal Arbitration Act and the laws of the State of Tennessee without regard to conflict of law principles or the United Nations Convention on the International Sale of Goods.

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

Other. Route Consultant reserves, in its sole discretion, the right to revise these Terms of Use at any time by updating this posting and to monitor and remove postings and/or discontinue Site availability, at any time without notice.

Severability. If any term, condition, or provision of these Terms of Use is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby.

If you have any questions, complaints, or comments regarding this Site, you may contact us at:

Route Consultant
5511 Virginia Way, Suite 400
Brentwood, TN 37027
[email protected]
(629) 257-0265