The American Banking Association (ABA) provides a crucial service for the financial industry: the Routing Number Web Query Service. This service allows authorized users to access ABA Routing Numbers, those unique nine-digit identifiers essential for payment transactions. However, access and use are governed by a detailed agreement. This document serves as a comprehensive guide to understanding the Terms of Service for the ABA Routing Number Web Query Service, ensuring users are fully aware of their rights and responsibilities.
Agreement to Terms: Your Legal Obligation
Before accessing the ABA Routing Number Service, every user must explicitly agree to the Terms and Conditions. This isn’t just a formality; it’s a legally binding agreement between you (the User) and the American Banking Association (ABA). By clicking “I Agree,” you are confirming several critical points:
- Intention to Comply: You are stating that you will use the service strictly according to these Terms.
- Authorization to Bind: You are affirming that you have the legal authority to enter into this agreement.
- Entity Representation and Indemnification: If you are using the service on behalf of an organization, you warrant that you are authorized to accept these terms for that entity. Furthermore, the entity agrees to protect both you and the ABA if you violate these terms.
Failing to agree means you cannot access the service. It is crucial to understand that clicking “I Agree” creates a legally enforceable contract.
Modification of Terms: Staying Updated
The American Banking Association reserves the right to change these Terms of Service periodically. While they will notify users of significant changes by posting updates on the service website, it is your responsibility to stay informed. If you disagree with any modifications, your only recourse is to stop using the service. Continuing to use the service, even after changes are posted, implies your acceptance of the revised Terms. Therefore, regular review of these terms is advisable to ensure ongoing compliance.
Modification to Service: Service Evolution
Just as the terms can change, so too can the ABA Routing Number Service itself. The American Banking Association can modify or discontinue the service, either temporarily or permanently, without prior notice. This includes restricting or blocking access. Importantly, the ABA is not liable to you or any third party for any consequences arising from such modifications, suspensions, or discontinuances. This clause highlights the dynamic nature of online services and the need for users to be adaptable to potential changes.
License: Limited Access, Not Ownership
The ABA and its licensors are the rightful owners of all rights, titles, and interests related to ABA Routing Number data. This includes the nine-digit routing number itself. It’s important to note that the service is licensed, not sold. You are granted a limited license to access and use the service, subject to the Terms. For broader data product needs or alternative licensing options beyond what is permitted in this agreement, users are directed to contact LexisNexis Risk Solutions, the Official Routing Number Registrar. They offer various data products and licensing solutions for ABA Routing Numbers and related data.
Restrictions on Dissemination and Use: Intended Purpose
The ABA Routing Number Service is strictly for “Internal Use.” This term is explicitly defined as accessing and using the service solely for payment transactions. The intention is to allow users to obtain the necessary ABA RTN Data to facilitate a specific payment. Several key restrictions apply:
- No Resale or Distribution: You cannot sell, transfer, publish, distribute, or reproduce any ABA RTN Data to any other party, including affiliates or subsidiaries. Sharing this data externally is prohibited.
- No Commercial Service Bureau Use: Using the service or ABA RTN Data to act as a commercial service bureau for providing payment services to others is also forbidden. The service is for your organization’s direct payment processing needs, not for providing services to external clients.
- No Database Incorporation: Storing ABA RTN Data in your internal databases or storage systems is not permitted under this agreement. If you require such functionality, you must contact LexisNexis Risk Solutions to secure the appropriate license and pay applicable fees. This restriction ensures data control and prevents unauthorized data accumulation.
Copyrights and Other Proprietary Rights: Protecting Intellectual Property
The ABA RTN Data is protected by copyright and other intellectual property laws. It represents valuable intellectual property belonging to the ABA and its licensors. This agreement does not transfer any ownership rights to users. Misappropriation or misuse of this data is considered a serious offense that would cause irreparable harm to the ABA and its licensors. In case of such misuse, the ABA has the right to seek injunctive relief to stop the unauthorized use, as financial compensation alone may not be sufficient to cover the damages.
Indemnification: User Responsibility for Claims
You, as the user, agree to indemnify, defend, and hold harmless the ABA and its associated parties (subsidiaries, affiliates, officers, etc.) from any third-party claims, liabilities, losses, and expenses. This includes legal fees arising from:
- Service Access and Use: Your use or inability to use the ABA Routing Number Service.
- Breach of Terms: Any violation of these Terms of Service by you.
This indemnification clause means you are responsible for protecting the ABA from legal repercussions resulting from your actions related to the service.
Disclaimer of Warranties and Limitation of Liabilities: “As Is” Service
The ABA Routing Number Service and the data provided are offered with significant disclaimers and limitations of liability:
- No Warranty on Data Accuracy: While the data is sourced from reliable sources, neither the American Banking Association nor its licensors guarantee the accuracy, adequacy, or completeness of the data. They are not responsible for errors, omissions, or outcomes resulting from the use of this data. All services and data are provided “as is” and “as available,” without any express or implied warranties, including warranties of merchantability or fitness for a particular purpose.
- Limitation of Liability for Damages: To the maximum extent permitted by law, the ABA, its licensors, and affiliates are not liable for incidental, indirect, special, or consequential damages. This includes lost profits, revenue, or business opportunities, even if they were aware of the potential for such damages. The total liability of the ABA and related parties is capped at the fees (if any) paid by the user for service access during the month the issue arose.
- Force Majeure: The ABA is not liable for delays or failures to perform its obligations due to circumstances beyond its control, such as natural disasters or unforeseen events.
These clauses emphasize that the service is provided without guarantees and with limited liability on the part of the ABA. Users must acknowledge and accept these limitations.
Term and Termination; Remedies for Breach: Consequences of Non-Compliance
The agreement and your access to the service can be terminated under certain conditions:
- Termination for Breach: The ABA can terminate your access immediately if you breach any of the Terms of Service.
- Injunctive Relief for Breach: In case of a breach by the user, the ABA is entitled to seek preliminary and permanent injunctive relief. This legal measure aims to enforce the agreement and prevent further violations.
These points underscore the ABA’s commitment to enforcing the Terms and the potential legal ramifications of non-compliance.
Prohibited Conduct: Actions to Avoid
Users are explicitly prohibited from engaging in a range of activities deemed inappropriate or harmful, including:
- Illegal or Harmful Use: Using the service in any way that violates laws, infringes intellectual property rights, or is harmful or unintended by the ABA.
- Data Alteration: Modifying information obtained from the service.
- Automated Access and Data Extraction: Using robots, spiders, or automated means to access the service or extract data without ABA authorization.
- Framing or Misrepresentation: Framing any part of the service or implying a relationship or endorsement by the ABA.
- Impersonation: Misrepresenting your affiliation with any person or entity.
- Reverse Engineering: Attempting to reverse engineer the service or discover source code or bypass security measures.
- Harmful Code Transmission: Sending or impacting the service with viruses, malware, or disruptive code.
- Service Disruption: Taking actions that could burden the service infrastructure or interfere with its normal operation.
This comprehensive list clarifies unacceptable behaviors and helps maintain the integrity and security of the service.
User Support: Limited Assistance
The American Banking Association explicitly states that they have no obligation to provide user support of any kind. This means users should not expect technical assistance or troubleshooting from the ABA regarding the service. This reinforces the self-service nature of the offering.
Notices and Contact Information: Communication Protocol
Except where specified otherwise in the Terms, the ABA will provide notices to users by posting them on the service website. It is the user’s responsibility to check the site for updates and notices. Notification is considered delivered once it is posted on the website. This section clarifies the official communication method.
Additional Terms: Miscellaneous Legal Points
Several additional legal terms are included to cover various aspects of the agreement:
- No Agency; No Third Party Beneficiary: The Terms do not create any agency, partnership, or other special relationship between the ABA and the user. Only the Indemnified Persons are considered third-party beneficiaries of these Terms.
- Severance: If any part of the Terms is deemed invalid or unenforceable, the rest of the agreement remains in effect to the maximum extent possible.
- Assignment: The agreement is personal to you and cannot be transferred or assigned without the ABA’s written permission. However, the ABA can transfer or assign the agreement without your consent.
- Jurisdiction; Choice of Law: The service is controlled from the United States. The agreement is governed by the laws of the District of Columbia, U.S.A. Any disputes will be subject to the exclusive jurisdiction of courts in the District of Columbia.
- Limitations on Actions: Any legal action related to the service must be initiated within one year after the cause of action arises.
- Interpretation: Paragraph headings are for convenience only and do not have a binding effect on interpretation.
- Entire Agreement: These Terms constitute the entire agreement between the user and the ABA regarding the service and supersede prior agreements.
- No Waiver: Failure to enforce any right or provision of the Terms does not constitute a waiver of that right or provision.
These additional terms cover standard legal clauses to ensure the agreement is comprehensive and legally sound.
Conclusion
The Terms of Service for the ABA Routing Number Web Query Service are a critical document for any user. Understanding these terms is essential for compliant and authorized use of the service. The American Banking Association provides this service under specific conditions, emphasizing data protection, usage restrictions, and limitations of liability. By agreeing to these terms, users acknowledge their responsibilities and the legal framework governing their access to and use of the ABA Routing Number Service. It is strongly recommended to carefully review and understand these terms before proceeding to use the service.
