Terms and Conditions for Atomic Ride Services LLC
Effective Date: 04/20/2025
Welcome to Atomic Ride Services LLC ("Atomic Ride," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our services, including our website, mobile application, and related services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
1. Acceptance of Terms
By accessing or using our Services, you confirm that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legal agreement between you and Atomic Ride.
2. Description of Services
Atomic Ride provides a website that connects riders with drivers for transportation services. Our Services include:
- Ride booking and dispatch
- Payment processing
- User account management
- Customer support
- Related features and functionalities
3. User Accounts:
- Eligibility: You must be at least 18 years old to create an account and use our Services. By creating an account, you represent and warrant that you are 18 years or older and have the legal capacity to enter into these Terms.
- Account Registration: You may be required to register an account to access certain features of our Services. You agree to provide accurate, complete, and current information during the registration process and to update such information as necessary.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
- Account Suspension/Termination: We reserve the right to suspend or terminate your account at any time, with or without cause, and without prior notice or liability to you.
4. Use of Services:
- Lawful Use: You agree to use our Services only for lawful purposes and in compliance with all applicable laws and regulations.
- Prohibited Conduct: You agree not to:
- Use our Services in any way that could interfere with, disrupt, or negatively affect the operation of our Services or the experience of other users.
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity.
- Use any automated system or software to extract data from our Services.
- Engage in any fraudulent or illegal activity.
- Harass, threaten, or endanger any other user or any third party.
- Discriminate against any individual based on race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, or any other protected characteristic.
- Driver Conduct: If you are a driver, you agree to:
- Maintain a valid driver's license and all other required licenses and permits.
- Maintain valid vehicle insurance that meets the requirements of applicable laws and regulations.
- Operate your vehicle safely and in compliance with all traffic laws.
- Maintain a clean and safe vehicle.
- Provide transportation services in a professional and courteous manner.
- Not discriminate against riders.
- Rider Conduct: If you are a rider, you agree to:
- Provide accurate pickup and drop-off locations.
- Treat drivers with respect.
- Not damage the driver's vehicle.
- Comply with all applicable laws and regulations while using our Services.
5. Payments:
- Fares: Riders agree to pay the fares for transportation services as determined by Atomic Ride. Fares may vary based on factors such as distance, time, traffic, and demand.
- Payment Method: You agree to provide a valid payment method (e.g., credit card, debit card) through our Services. You authorize us to charge your payment method for all applicable fares and fees.
- Fees: In addition to fares, you may be responsible for other fees, including tolls, surcharges, cleaning fee and cancellation fees.
- Taxes: You are responsible for any applicable taxes.
- No Refunds: All charges are non-refundable unless otherwise required by law or determined by Atomic Ride in its sole discretion.
6. Intellectual Property:
- Ownership: Our Services and all content included therein, such as text, graphics, logos, images, and software, are the property of Atomic Ride or its licensors and are protected by copyright, trademark, and other intellectual property laws.
- Restrictions: You may not reproduce, modify, distribute, create derivative works of, publicly display, or otherwise use our Services or any content therein without our prior written consent.
7. Disclaimer of Warranties:
- OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WE DO NOT GUARANTEE THE AVAILABILITY OF DRIVERS OR RIDES, OR THE SAFETY OF ANY RIDE.
- YOU AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.
8. Limitation of Liability:
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ATOMIC RIDE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, OUR SERVICES.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM.
- WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF DRIVERS OR RIDERS. ANY DISPUTES BETWEEN YOU AND A DRIVER OR RIDER ARE SOLELY BETWEEN YOU AND THAT DRIVER OR RIDER.
9. Indemnification:
You agree to indemnify, defend, and hold harmless Atomic Ride and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of our Services, your violation of these Terms, or your violation of any rights of another.
10. Governing Law and Dispute Resolution:
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of Minnesota, without regard to its conflict of laws principles.
- Dispute Resolution: Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Rochester, MN. The arbitrator's decision shall be final and binding on both parties.
- Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
11. Changes to These Terms:
We may update these Terms from time to time. We will notify you of any material changes by posting the new Terms on our website or through our Services. Your continued use of our Services after the effective date of the revised Terms constitutes your acceptance of the changes.
12. Termination:
We may terminate these Terms at any time, with or without cause, and without prior notice or liability to you. Upon termination, your right to access and use our Services will immediately cease.
13. 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.
14. Waiver:
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
15. Entire Agreement:
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Atomic Ride relating to your access to and use of our Services.
16. Contact Us:
If you have any questions or concerns about these Terms, please contact us at:
Atomic Ride Services LLC
1412 Marion Rd SE
Rochester, MN 55904
info@atomicride.com
Phone: (507) 708-5100