Effective Date: July 19, 2024​

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These Terms and Conditions (“Terms”) govern the use of transportation services (the “Service”) provided by EPX Rideshare, a subsidiary of EPX Transit LLC, a Colorado limited liability company (collectively, “EPX,” “we,” “us,” or “our”). By submitting a booking, making payment, or using the Service, you (“Customer” or “User”) agree to be bound by these Terms.

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1. Nature of Service (Important Legal Classification)

EPX provides pre-arranged, charter-style ground transportation services. EPX is not a transportation network company (TNC), rideshare marketplace, or on-demand matching platform. All services are scheduled in advance and provided by licensed, insured drivers operating under EPX’s authority.

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2. Customer Responsibility for Booking Accuracy

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2.1 Booking Review Obligation

Customers are solely responsible for reviewing and confirming the accuracy of all booking details prior to and immediately following submission, including but not limited to:

• Pickup and drop-off locations

• Date and time of service

• Service type and vehicle selection

• Passenger count and luggage requirements

• Special instructions or notes

EPX is not responsible for errors, omissions, or incorrect information submitted by the Customer.

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2.2 Corrections, Cancellations, and Refunds

Customers must correct or cancel any booking within twenty-four (24) hours of the time the booking is submitted.

Bookings that are paid for and not corrected or canceled within this 24-hour window are non-refundable, regardless of reason, including but not limited to customer error, travel changes, misunderstandings of service type, weather concerns, or scheduling conflicts.

No refunds will be issued for services declined, refused, or terminated due to violations of these Terms.

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3. Assumption of Risk

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3.1 Use at Own Risk

Customer acknowledges that use of the Service involves inherent risks associated with ground transportation. To the fullest extent permitted by Colorado law, Customer voluntarily assumes all risks associated with use of the Service.

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3.2 Disclaimer of Warranties

The Service is provided “as is” and “as available.” EPX expressly disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, safety, reliability, availability, and uninterrupted operation.

 

4. Driver Authority and Right to Refuse Service

EPX drivers may refuse or discontinue service at their sole discretion for reasons including, but not limited to:

• Unsafe, disruptive, or abusive behavior

• Intoxication or impairment

• Violation of these Terms

• Inaccurate booking information

• Unsafe road or weather conditions, including winter conditions

Refusal or termination of service under this section does not entitle the Customer to a refund.

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5. Limitation of Liability

To the maximum extent permitted by Colorado law, EPX and its affiliates, officers, members, employees, contractors, agents, and drivers (“EPX Parties”) shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to the Service.

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6. Indemnification

Customer agrees to indemnify, defend, and hold harmless the EPX Parties from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

• Customer’s booking submissions

• Customer’s use of the Service

• Customer’s violation of these Terms

• Customer’s violation of applicable law

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7. Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles.

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8. Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association. Arbitration shall occur in Denver, Colorado. Judgment on the award may be entered in any court of competent jurisdiction.

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9. Entire Agreement

These Terms constitute the entire agreement between Customer and EPX and supersede all prior communications, representations, or agreements.

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10. Amendments

EPX may modify these Terms at any time by posting updated Terms. Continued use of the Service constitutes acceptance of revised Terms.

 

11. Severability

If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force and effect.

 

12. No Waiver

Failure by EPX to enforce any provision shall not constitute a waiver of future enforcement.

 

13. Contact

Questions regarding these Terms may be directed to:

EPXtransit@gmail.com

 

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS.