Terms and Conditions

These Terms and Conditions (the “Terms” or “Agreement”) between you and Wheels, LLC, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “MyWeels,” “we,” “us” or “our”) governing your use of the MyWeels applications, websites, technology, facilities, and platform (collectively, the “MyWeels Platform”).

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, AND OTHER PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND MYWEELS. SEE “DISPUTE RESOLUTION” IN SECTION 9 BELOW. 

THESE DISPUTE RESOLUTION PROVISIONS, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO: (1) PURSUE CLAIMS AND SEEK RELIEF AGAINST MYWEELS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) WAIVE YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS. THESE PROVISIONS ARE APPLIABLE TO ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THIS AGREEMENT. 

By entering into this Agreement or accessing the MyWeels Platform, you expressly acknowledge that you have read, understood, and accept this Agreement (including the DISPUTE RESOLUTION section below]. PLEASE DO NOT ACCESS OR USE MYWEELS PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, OUR WEBSITE TERMS OF USE, OR OUR PRIVACY POLICY.


Agreement.

 Pursuant to these agreed Terms, MyWeels provides an online, web-based platform where persons who seek transportation to certain destinations (“Riders” or “you”) can be matched and/or rematched with independent rideshare drivers who are driving to or through those destinations (“Drivers”). 

In these Terms, Drivers, Riders, and any other individuals using the MyWeels Platform are collectively referred to herein as “Users,” and the driving services provided by Drivers to Riders in connection with the MyWeels Platform, shall be referred to herein as “Rideshare Services.” 

“MyWeels Services” shall include any service provided by MyWeels pursuant to the MyWeels Platform and is not part of Rideshare Services. 

Together, Rideshare Services and MyWeels Services constitute the “Services” referenced in this Agreement and the Privacy Policy.

No agreements, relationship or transactions shall create or be construed as creating an agency, partnership, fiduciary or joint venture relationship between MyWeels and Users.


Modification and Termination. 

MyWeels reserves the right to modify the Terms and Conditions of this Agreement from time to time, effective upon posting of an updated Agreement through MyWeels’ website or applications. You should carefully review such updated Agreement and your continued use of the MyWeels Platform after such posting of an updated Agreement constitutes your acknowledgement and agreement to such updates. 

MyWeels may also, in its sole discretion, terminate this Agreement with you, deny your access to MyWeels Platform or cease offering you MyWeels Services and/or Rideshare Services, at any time for any reason.


Charges.

Your use of Rideshare Services or MyWeels Services may result charges (“Charges”) to you. Charges will include Rideshare Services Fares (“Fares”), tolls, surcharges, taxes, charges for MyWeels Services, and/or other applicable fees, plus any tips to the Drivers that you elect to pay. 

MyWeels shall have the right to determine or modify Charges based on the type of service you request, the changes in demand in certain geographical areas, or other related factors. You are responsible for all Charges incurred in your MyWeels account regardless of your awareness of such Charges or the amounts thereof. MyWeels will enable the payment of such Charges using the preferred payment method designated in your MyWeels account and after the payment, you will receive a receipt.

  1. Refund Policy. All Charges are non-refundable except to the extent required by law or otherwise agreed upon by MyWeels. If you have any questions or concerns regarding the Charges and/or want to request refunds, returns or correction of Charges, please contact MyWeels using the contact information listed on MyWeels’ website, and initiate such request within 30 calendar days of the payment of such Charges, otherwise, you will be regarded as waving your right to dispute such Charges.

  2. Coupon and Promotions. You may receive coupons, discounts, or other promotions (collectively “Promotional Offers”) that you may apply toward payment for certain Charges. Such promotional offers can only be used on the MyWeels Platform and are not transferable or redeemable for cash except as required by law. Promotional offers and discounts are subject to change or withdrawal at any time and without notice. Additional restrictions may apply to Promotional Offers, and MyWeels reserve all the right for final explanation.

  3. Communications. By using the MyWeels Platform or creating an MyWeels account, you agree to receive Services-related communications from MyWeels, our affiliates and or Drivers, via email, text message, calls, in-app communications, and push notifications to the telephone number(s) or email addresses you provided to MyWeels. 

  4. Indemnification. You agree to indemnify and hold harmless MyWeels, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders (collectively, the “Indemnified Parties”) from and against any claims, actions, demands, suits, losses, costs, liabilities, damages and expenses (including attorneys’ fees), arising out of or in connection with: (1) your use of MyWeels Platform, Rideshare Services and MyWeels Services, (2) your breach or violation of any provisions of this Agreement or the documentS it incorporates by reference, (3) your violation of any law or the rights of any third party, including, but not limited to, Riders and Drivers, (4) MyWeels’ use of the contents in your MyWeels account, (5) your ownership, use or operation of vehicle, including your provision of Rideshare Services as a Driver, and (6) any other activities of yours in connection with the MyWeels Platform, Rideshare Services or MyWeels Services. 

  5. Limitation of Liability. MYWEELS, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS, WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, LOST PROFITS, LOST DATA, LOST PROGRAMS, PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE MYWEELS PLATFORM, RIDESHARE SERVICES OR MYWEELS SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF MYWEELS, EVEN IF MYWEELS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, MYWEELS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE CHOICE OF LAW PROVISION OF THIS AGREEMENT.

  6. DISPUTE RESOLUTION. Please read this section carefully. Except as the Terms AND Conditions otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

  7. Agreement to Binding Arbitration

You and MyWeels agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the MyWeels Platform or (2) the breach, enforcement, interpretation, application, or validity of these Terms and Conditions, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms and Conditions (the “Arbitration Agreement”).


Exceptions to Arbitration

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or MyWeels can bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or MyWeels may bring suit in court to enjoin infringement or other misuse of intellectual property rights.


Jury Trial & Class Action Waiver

Except as the Terms and Conditions otherwise provide, you and MyWeels acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and MyWeels may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.

If any court or arbitrator determines that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then the Arbitration Agreement will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement.


Governing Law & Arbitration Rules

The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Minnesota.

The arbitration will be conducted under the then current and applicable Consumer Arbitration rules of the American Arbitration Association (“AAA”). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

  1. Integration. This Agreement sets forth the entire understanding and agreement between you and MyWeels with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

  2. Choice of Law. Except as provided in the DISPUTE RESOLUTION section above, this Agreement and all matters arising out of or relating to this Agreement will be governed by, construed, and enforced in accordance with the Laws of the State of Minnesota without giving effect to any choice or conflict of law doctrine that otherwise might be applicable.

  3. Severability. If any term or provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable Law, such provision will be ineffective only to the extent of such invalidity, illegality or unenforceability without invalidating the remainder of such provision or any other terms or provisions of this Agreement, and the remaining provisions shall be enforced to the fullest extent under law.

  4. Construction. For purposes of this Agreement, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation.” The headings in this Agreement are for convenience only and will not in any way affect the meaning or interpretation of this Agreement. Except where the context requires otherwise, the use of terminology of any of the masculine, feminine or neuter genders will include all such genders, and the use of the singular number will include the plural and vice versa.

  5. Notice. MyWeels may give you notice by means of general notice through MyWeels Platform, electronic mail to the email address associated with your MyWeels account, telephone or text message to the phone number provided in connection with your MyWeels account, or by certified mail, postage prepaid and return receipt requested to Wheels, LLC, 413 Wacouta Street, Ste 540, St. Paul MN 55101. Such notice shall be deemed to have been given upon the expiration of 24 hours after mailing or posting (if sent by certified mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the MyWeels Platform). Notwithstanding the foregoing, notice of any changes to this Agreement shall be effective upon posting an updated Agreement on MyWeels Platform.

  6. Assignment. You may not assign this Agreement without MyWeels’ prior written approval. Any purported assignment by you in violation of this provision shall be void. MyWeels may assign this Agreement without your approval to: (1) a subsidiary or affiliate; (2) an acquirer of MyWeels’ equity, business or assets; or (3) a successor by merger.

  7. Waiver. MyWeels’ failure to exercise or delay in exercising any right, power or privilege under this Agreement will not operate as a waiver; nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.