Effective Date: July 19, 2024

 

1. Introduction

These Terms and Conditions ("Terms") govern the use of the EPX Rideshare ridesharing service (the "Service") offered by EPX Rideshare, a subsidiary of EPX Transit LLC, a Colorado limited liability company (collectively, "EPX," "us," or "we"). By using the Service, you (the "User") agree to be bound by these Terms.

 

2. Risk Assumption

2.1 Customer Responsibility

You acknowledge and agree that you use the Service at your own risk. EPX, its affiliates, officers, directors, employees, agents, and drivers (collectively, the "EPX Parties") shall not be liable for any injury, loss, or death arising out of or in connection with your use of the Service, regardless of cause.

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2.2 Disclaimer of Liability

The EPX Parties expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose, safety, reliability, and non-infringement. The EPX Parties do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

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3. Driver Right to Refuse Service

Drivers reserve the right to refuse service to any User for any reason, including, but not limited to, disruptive behavior, intoxication, violation of these Terms, or unsafe weather conditions, particularly winter weather conditions.

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4. Limitation of Liability

IN NO EVENT SHALL THE EPX PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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5. Indemnification

You agree to indemnify, defend, and hold harmless the EPX Parties from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or in connection with your use of the Service, your violation of these Terms, or your violation of any applicable laws or regulations.

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6. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles.

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7. Dispute Resolution

Any dispute arising out of or relating to these Terms shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Denver, Colorado. The decision of the arbitrator shall be final and binding on the parties.

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8. Entire Agreement

These Terms constitute the entire agreement between you and EPX with respect to the use of the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.

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9. Amendment

EPX reserves the right to amend these Terms at any time by posting the amended Terms on the Service. You are responsible for periodically reviewing the Terms. Your continued use of the Service following the posting of amended Terms constitutes your acceptance of the amended Terms.

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10. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

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11. No Waiver

No waiver of any breach of any provision of these Terms shall be deemed a waiver of any subsequent breach.

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12. Contact Us

If you have any questions about these Terms, please contact us at EPXtransit@gmail.com.

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BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.