Terms & Conditions

Last updated September 3, 2026

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

Acceptance of Terms and Conditions

These Terms and Conditions (“Terms”), together with any applicable terms of our suppliers, are a binding legal agreement between you and Atlas Indeed LLC (“Atlas Indeed,” “we,” “our,” or “us”). These Terms govern your access to and use of any website (including www.atlasindeed.com), mobile application we provide, any other online or offline services we provide (e.g., interacting with and booking through our travel team), or in any other interactions with you in which we otherwise reference these Terms (collectively, the “Services”).

By using or otherwise accessing the Services or clicking to accept or agree to these Terms, you (1) accept and agree to these Terms; (2) acknowledge that the collection, use, disclosure, and other handling of information from the Services shall be as described in our Privacy Policy; and (3) agree to comply with all rules, policies, and disclaimers posted on the Services or about which you are notified.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Services in any manner, and each of your heirs, assigns, and successors. If you use the Services on behalf of an entity or another individual (e.g., co-travelers on the same booking). In that case, you represent and warrant that you have the authority to bind that entity or individual. Your acceptance of the Terms will be deemed an acceptance by that entity or individual, and “you” and “your” herein shall refer to that individual or entity, and such entity’s directors, officers, employees, and agents.

Eligibility and User Accounts

Only individuals who are at least 18 years of age (or the age of the majority in the jurisdiction in which you live) and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the individual that you represent, are permitted to access the Services.

You may be required to create an account to access certain parts of the Services (each, an “Account”). To register for an Account, you may be required to provide us with certain information, such as a name and password. We may allow you to create an Account by signing-in via an existing account you have with a third party, such as Google, Apple, or Facebook (each, a “Third-Party Account”). By creating an Account, you represent and warrant that any information you provide is accurate, current, and complete, and you further agree to update the information in your Account to keep it accurate, current, and complete. If you create an Account by signing-in via Third-Party Account, you further represent and warrant that you have the right to the information in the Third-Party Account, and you are authorized to provide such information from the Third-Party Account to Atlas Indeed. You further understand Atlas Indeed shall process any information provided to us by the Third-Party Account following our Privacy Policy.

You are solely responsible for safeguarding your Account credentials. You are solely responsible for all activity that occurs on your Account, and we may assume that any communications we receive under your Account have been made by you. You must notify Atlas Indeed immediately of any breach of security or unauthorized use of your Account. Atlas Indeed will not be liable, and you may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by Atlas Indeed or a third party arising from someone else using your Account due to your conduct regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

You can delete your Account by written notice via e-mail to deletionrequests@atlasindeed.com. Once you have deleted your Account, you will no longer have access to the Services. Be aware that we may retain certain personal information for legitimate business purposes or to comply with legal or regulatory obligations.

If Atlas Indeed has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services. We also reserve the right to disable or close any Account at any time and for any reason or for no reason.

The Atlas Indeed Services

Your Trip

You have asked Atlas Indeed to plan a trip. You understand that travel has inherent risk. You agree to assume the risks associated with your trip including but not limited to: forces of nature; weather; terrorism; civil unrest; war; strikes; local laws; accidents; and all matters involving transportation, including land vehicles, boats, and aircraft that may not be operated or maintained to standards found in the United States. You also assume full responsibility for your baggage and personal possessions and effects.

You agree to assume all risks associated with your trip including illness, injury, loss, death, disease, and any other issues involved with travel. You understand that access to medical care, evacuation, and/or suitable medical support may be unavailable or delayed. Medical care in distant locations may not meet the same standards found in the United States.

Atlas Indeed does not own or operate any entity which is a service provider for your trip. Atlas Indeed purchases transportation, accommodations, activities, dining, and all other services from a variety of independent entities. Atlas Indeed is not responsible for the acts or omissions of any service provider.

You understand that unforeseen events beyond the control of Atlas Indeed may occur, such as transportation delays or cancellations, hotel issues, and other unexpected schedule changes. You agree that Atlas Indeed is not responsible for such unanticipated and unexpected changes, and that any costs and expenses resulting from such changes will be your sole responsibility.

You agree to take full responsibility for your and your party’s actions, safety, and welfare, including unanticipated events including but not limited to injury, illness, theft, death, forces of nature, war, and terrorism. You hereby release and discharge Atlas Indeed, and its agents, employees, directors, officers, and attorneys from and against any and all liability arising from your trip. You agree that this release will be legally binding upon you and your heirs, successors, assigns, and legal representatives, it being your intention to fully assume all risk of travel and to release Atlas Indeed from any and all liabilities to the maximum extent permitted by law.

Third Party Terms and Applicability of these Terms

In order to provide you with the Services, you may be required to agree to a third party’s separate terms (the “Third Party Terms”) that supplement or supersede certain rights and obligations under Atlas Indeed’s Terms. In the event of a conflict between the Third Party Terms and Atlas Indeed’s Terms, the Third Party Terms shall govern with respect to the specific subject covered by the Third Party Terms, and all remaining aspects of your booking shall be governed by these Terms.

Trip Information

Atlas Indeed shall provide you with travel information and the basic elements of your trip. We build your trip based on availability and pricing at the time we create your itinerary. Travel availability and pricing are dynamic and may need to be adjusted as Atlas Indeed books each component of your trip with our suppliers. We will keep you advised of any changes. Trip offers are valid for the period of time stated in the offer. Trip offers may be withdrawn by Atlas Indeed before your acceptance.

Atlas Indeed shall not be liable for, and your experience may not reflect, general promotional information as it may appear in photos, leaflets, advertisements, websites, and other sources.

In case flights are part of your itinerary, Atlas Indeed will inform you of the airline providing such services. The departure and arrival times will be included in your itinerary, but may be subject to change by the particular carriers. Your contract for flights is at all times with the airline providing such service and subject to its terms and conditions. You are also responsible for checking in for your flights on a timely basis.

Atlas Indeed will provide you with general information on your destination. However, you remain solely responsible for complying with passport requirements, visa requirements, inoculations and vaccinations requirements, and other travel-related requirements from the relevant authorities. By way of example only, many countries require that your passport be valid for several months beyond the period of your expected stay. In addition, if a child is traveling with only one of their custodial parents, you may be asked at customs/border control for a letter of consent from the other parent.

You acknowledge that any failure to comply with these requirements may result in you being denied boarding or an undue delay at airport security or passport control. In some situations, these delays may cause you to miss flight(s) and scheduled travel bookings and tours.

Atlas Indeed bears no responsibility for advising you about and/or obtaining required travel documentation for you. Atlas Indeed is also not responsible for any delays, damages, and/or losses, including missed portions of your vacation related to improper documentation or government decisions about entry. We are also not responsible for delays related to transportation of your baggage.

Atlas Indeed urges travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, alerts, warnings, announcements, and advisories. Should you choose to travel to a country that has been issued a travel warning or advisory, Atlas Indeed will not be liable for damages or losses that result from travel to such a destination.

Traveler’s Obligations

You represent and warrant that you and everyone in your party are in adequate health for long-distance travel, and no one has any condition or disability that could prevent them from taking part in the trip or present a risk to themselves or others. As part of the booking process, you shall provide all information regarding yourself and the other travelers for whom you book a trip (and to whom these Terms shall apply) that may be relevant to providing the Services. By way of example only, you shall indicate any details regarding conditions (such as mobility) for your group of travelers that might affect the ability to participate in certain activities.

If you fail to comply with your obligations to provide information, it may result in Atlas Indeed or a service provider excluding you or your co-traveler from participation in all or certain aspects of the trip. In such a case, all associated costs shall be charged to you and no refund will be provided.

You are entitled to request changes to your trip after booking. Atlas Indeed shall take reasonable steps to facilitate such requests. Any costs related to such requested changes shall be communicated upfront and charged to you.

We strongly encourage you to obtain travel insurance for the trip. Your travel insurance should cover, among other things, trip cancellation or interruption, medical expenses, emergency evacuation/repatriation, and baggage loss. Travel insurance can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). Travel insurance often must be purchased in conjunction with your travel purchase. We also strongly recommend considering “cancel for any reason” coverage, if available. We are not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. We cannot evaluate the adequacy of offered insurance coverage. If you have any questions about your travel insurance, call your insurer or insurance agent or broker. Declining to purchase adequate travel insurance could result in the loss of your travel cost and/or require additional fees to correct the situation. You also acknowledge that without travel insurance coverage, you may be unable to recoup any losses, costs, or expenses incurred if your trip is interrupted or canceled.

As a traveler, you must behave responsibly. You will comply with all reasonable instructions issued by or on behalf of Atlas Indeed, and you shall be liable for damage or loss caused by your actions or inactions. If you cause an unreasonable hindrance or nuisance during your trip, Atlas Indeed may exclude you from activities during your trip.

Substitution of Traveler

If requested, Atlas Indeed will attempt to substitute an existing traveler for a new traveler. We cannot guarantee our ability to do so. The following conditions apply to any substitution request:

• You must submit the substitution request no less than thirty (30) days prior to departure;
• You are responsible for any fees, surcharges, or other costs resulting from the substitution; and
• The terms and conditions of the travel service providers do not preclude the substitution.

Upon substitution, the new traveler will be subject to these Terms. Both you and the new traveler will be responsible for payment of the outstanding balance on your Account.

Termination by Traveler

We understand that sometimes plans change and you may need to terminate your travel plans before the start of the trip. We will take reasonable steps to have the various suppliers refund your payments. But we cannot guarantee success in doing so. Suppliers may choose to provide a travel voucher or credit in lieu of a refund. We are not responsible for a supplier’s failure to provide a refund or for the supplier’s inability or refusal to do so. In addition, the remaining traveler(s) may be subject to a change in price based on the termination.

Separately, you will also be obliged to compensate Atlas Indeed for the economic loss and opportunity cost associated with the cancellation of your trip (the “Termination Fee”). The parties acknowledge and agree that, at the time of booking, the actual losses Atlas Indeed may incur as a result of a cancellation are difficult to determine with precision. Such losses may include, without limitation, professional planning and advisory services already performed, administrative and operational costs, supplier commitments and cancellation charges, resources and capacity reserved for your trip, and lost business opportunities resulting from Atlas Indeed’s commitment of time and resources to your booking. Accordingly, the parties agree that the Termination Fees set forth below represent a reasonable estimate of the anticipated losses associated with cancellation and are intended as compensation for such losses and not as a penalty. The Termination Fees are not intended to represent or establish Atlas Indeed’s actual damages in any particular cancellation. Atlas Indeed will be entitled to the following amounts:

• Up to 91 calendar days before the day of departure: Atlas Indeed will be entitled to retain an amount equal to twenty-five percent (25%) of the full trip price;
• Between 90 calendar days and the 31st calendar day (exclusive) before the day of departure: Atlas Indeed will be entitled to retain an amount equal to fifty percent (50%) of the full trip price;
• From the 30th calendar day (inclusive): Atlas Indeed will be entitled to retain an amount equal to one hundred percent (100%) of the full trip price.

By way of illustration only, if you booked a trip for $10,000 and terminated your trip up to 91 calendar days before the day of departure, Atlas Indeed would retain $2,500 as the Termination Fee, and the remainder would be refunded to you from our suppliers to the extent refundable under applicable supplier terms. The Termination Fee shall be apportioned pro rata for members of a travel group who terminate their part of the group reservation. By way of illustration, if four travelers booked the above $10,000 trip in equal shares and one traveler canceled, that traveler’s attributable trip price would be $2,500, and the applicable 25% Termination Fee would be $625.

Certain destinations have more restrictive cancellation/termination policies, which will govern your reservation and be communicated to you prior to booking.

User Content

We may allow you to upload or otherwise submit content through the Services (collectively and individually, “User Content”). We may use artificial intelligence, machine learning, or other technology to analyze User Content when reasonably necessary to operate, provide, support, secure, customize, or improve the Services, in accordance with these Terms and our Privacy Policy.

You grant Atlas Indeed a worldwide, non-exclusive, royalty-free, sublicensable license to store, reproduce, use, copy, modify, disclose, and otherwise process User Content solely as reasonably necessary to (a) operate, provide, support, troubleshoot, and improve the Services; (b) protect the Services, Atlas Indeed, our travelers, and our suppliers; (c) customize your travel planning and service experience; (d) comply with legal obligations; and (e) develop or improve internal products, features, systems, and service processes. This license lasts for as long as reasonably necessary for those purposes, subject to our Privacy Policy and applicable law.

You retain any ownership interest you have in your User Content. You are solely responsible for your User Content and represent and warrant that you have all rights necessary to provide it to us and for us to process it as described in these Terms and our Privacy Policy. Atlas Indeed will not publicly use private travel documents, passport information, personal travel details, photographs, or other User Content for advertising, testimonials, or public marketing solely because you submitted that content through the Services. Any such public marketing or testimonial use will require separate authorization or consent from you, as applicable. Atlas Indeed may, but is not obligated to, pre-screen or monitor User Content and reserves the right to reject, move, edit, or remove User Content that violates these Terms or is otherwise objectionable.

Modification of the Terms or the Services

Except for the Arbitration and Class Action Waiver provisions, Atlas Indeed reserves the right, at its reasonable and sole discretion, to modify or replace these Terms at any time by posting the updated version and updating the “Last Updated” date at the top of the page. You are responsible for reviewing and becoming familiar with any such modifications. If we determine a revision to the Terms, in our sole discretion, is material, we will notify you as required by law. Use of the Services by you after any modification to the Terms constitutes your acceptance of the Terms as modified. If you do not accept the changes, you must discontinue using the Services.

Atlas Indeed reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that Atlas Indeed shall not be liable to you for any modification, suspension, or discontinuance of the Services.

Additional Terms and Conditions

In order to access, use, or receive certain services, you may be required to agree and enter into, or acknowledge receipt of, one or more additional agreements, consents, assignments, releases or notices as a condition of accessing, using, or receiving those services (such additional agreements, consents, assignment, releases or notices, collectively as and when furnished and entered into or acknowledged, “Additional Terms and Conditions”).

Such Additional Terms and Conditions may be specific to (a) a supplier of the services, (b) a service or category of service, or (c) any combination thereof.

Proprietary Rights and License to the Services

Subject to your compliance with these Terms and any other provisions governing your use of the Services, we grant you a non-transferable, non-exclusive, revocable, limited license to access and use the Services for your personal, non-commercial use only. Your use of the Services is at your own risk.

All right, title, and interest in and to the Services are and will remain the exclusive property of Atlas Indeed and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of Atlas Indeed and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Atlas Indeed and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Atlas Indeed and such others.

Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license to the Services or use of the Services for any purpose not expressly permitted by these Terms; any such use of the Services is strictly prohibited. Atlas Indeed reserves all rights not expressly granted by these Terms.

Testimonials

We may contact you to request a testimonial or permission to use specified content for marketing. Providing a testimonial or marketing permission is voluntary. If you affirmatively provide or approve a testimonial, photograph, review, or similar content for public marketing use, you grant Atlas Indeed permission to use the specifically authorized content, together with the name or identifying information you approve, in Atlas Indeed marketing materials, subject to the scope of your consent and applicable law. This section does not authorize Atlas Indeed to use private travel documents or other User Content for public marketing without separate consent.

Rules and Prohibitions

You agree you will not use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Atlas Indeed. Without limitation, you agree not to:

• Create multiple Accounts or misrepresent your identity, or forge or manipulate headers or identifiers to disguise the source of any content transmitted through the Services;
• Engage in any conduct that is fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of Atlas Indeed, its users, or any third party, including privacy rights, copyrights, or other intellectual property rights;
• Violate any federal, state, or local law, statute, ordinance, or regulation;
• Engage in any behavior that is defamatory, trade libelous, threatening or harassing including, without limitation, submitting derogatory or inappropriate User Content;
• Provide Atlas Indeed with any data containing any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
• Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services;
• Scrape, access, monitor, index, frame, link, or copy any content on the Services by accessing the Services in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly available portions of the Services through a browser or accessing the Services through any approved mobile application, application programming interface, or client application;
• Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services;
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures we may use to prevent or restrict access to the Services or use of the Services or the content therein;
• Attack, or attempt to attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
• Violate the restrictions in any robot exclusion headers of the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Services;
• Engage in any activity that could cause us to violate any applicable law, statute, ordinance, or regulation;
• Resell or make any commercial use of our system or the content on the Services without our prior written consent;
• Use the Services in a way that violates or facilitates violations of these Terms, any other agreement or guidelines that govern use of the Services or attempt to do any of the foregoing directly or indirectly;
• Transfer any rights granted to you under these Terms;
• Access the Services or content to build a similar or competitive website, product, or service; or
• Attempt to indirectly undertake any of the foregoing.

Atlas Indeed has the right to investigate and seek prosecution of violations of any of the above to the fullest extent of the law. Atlas Indeed may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

Notice and Procedure for Making Claims of Copyright Infringement

Atlas Indeed respects the intellectual property rights of others. If you believe that any content appearing in the Services and/or User Content has been copied in a way that constitutes copyright infringement, please send the information described below to legal@atlasindeed.com. Please be aware that to be effective, your copyright infringement notification must comply with the Digital Millennium Copyright Act (“DMCA”). You are encouraged to review 17 U.S.C. § 512(c)(3) of the DMCA or consult with an attorney prior to sending a notice hereunder.

To file a copyright infringement notice, you will need to send a written communication that includes the following:

• Your name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• The exact URL or a description of where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that the DMCA provides that you may be liable for damages (including costs and attorney fees) if you knowingly misrepresent that material or activity is infringing. Please also note that the information provided in your copyright infringement notice may be provided to the person responsible for the allegedly infringing material.

Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Atlas Indeed HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE SERVICES AND CONTENT AVAILABLE ON THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER Atlas Indeed NOR ANY PERSON ASSOCIATED WITH Atlas Indeed MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER Atlas Indeed NOR ANYONE ASSOCIATED WITH Atlas Indeed REPRESENTS OR WARRANTS THAT THE SERVICES OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. WITHOUT LIMITATION, YOU UNDERSTAND AND AGREE THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY, AND THE SERVICES AND CONTENT PROVIDED THEREIN ARE NOT MEDICAL OR HEALTHCARE ADVICE.

YOU ARE SOLELY RESPONSIBLE FOR THE ACTIONS TAKEN IN YOUR ACCOUNT. Atlas Indeed EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.

YOU WAIVE AND HOLD HARMLESS Atlas Indeed FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Atlas Indeed DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Atlas Indeed OR LAW ENFORCEMENT AUTHORITIES.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your access to or use of the Services or any third-party content or websites accessed through, or in any way in conjunction with, the Services.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Atlas Indeed, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS LIMITATION OF LIABILITY APPLIES TO ANY ALLEGED OR ACTUAL LOSSES RESULTING FROM: (a) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (b) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS; AND (c) ANY CONTENT OBTAINED FROM THE SERVICES. Atlas Indeed’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID Atlas Indeed, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE SERVICES, INCLUDING THE CONTENT AVAILABLE WITHIN THE SERVICES, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AND ARE MATERIAL TO Atlas Indeed’S DECISION TO ENTER INTO THE AGREEMENT BETWEEN Atlas Indeed AND YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Arbitration and Class Action Waiver

PLEASE READ THIS “ARBITRATION AND CLASS ACTION WAIVER” SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE OR PARTICIPATE IN A LAWSUIT FILED IN COURT.

Informal Dispute Resolution Procedure

If a dispute arises between you and Atlas Indeed, we are committed to working with you to reach a reasonable resolution. For any such dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. This requires first sending a written description of the dispute to the other party. For any dispute you initiate, you agree to send the written description of the dispute along with the email address associated with your account, if any, to the following email address: legal@atlasindeed.com. For any dispute that Atlas Indeed initiates, we will send our written description of the dispute to the email address associated with your Account. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; and the specific relief sought. If the dispute is not resolved within sixty (60) days after receipt of the written description of the dispute, you and Atlas Indeed agree to the further dispute resolution provisions below.

The above process for an informal dispute resolution process is required before you may commence any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

Mutual Arbitration Agreement

You and Atlas Indeed agree that all claims, disputes, or disagreements that may arise out of your access or use of the Services including without limitation (i) the content available within the Services such as User Content; (ii) these Terms (including its formation, performance, and breach); or (iii) that in any way relate to the provision or use of the Services, your relationship with Atlas Indeed, or any other dispute with Atlas Indeed, shall be resolved exclusively through binding arbitration in accordance with this Arbitration and Class Action Waiver section (collectively, the “Arbitration Agreement”). This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and Opt-Out provisions set forth below. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects and evidences a transaction involving interstate commerce. You and Atlas Indeed expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Arbitration Agreement. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.

Except as set forth in this Arbitration Agreement, the arbitrator or arbitration body, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and this Arbitration Agreement, including, but not limited to any claim that all or any part thereof are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator or arbitration body shall be empowered to grant whatever relief would be available in a court under law or in equity.

Notwithstanding the parties’ decision to resolve all disputes through arbitration, each party retains the right to (i) elect to have any claims resolved in small claims court on an individual basis for disputes and actions within the scope of such court’s jurisdiction, regardless of what forum the filing party initially chose; (ii) bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); and (iii) seek a declaratory judgment, injunction, or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this agreement, and any filed arbitrations related to any action filed pursuant to this paragraph shall automatically be stayed pending the outcome of such action.

You and Atlas Indeed agree to submit to the personal jurisdiction of the state and federal courts located in Cook County, Illinois for any court proceeding permitted under this Arbitration Agreement, including to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on an arbitration award. The parties agree that Cook County, Illinois shall be the exclusive venue for any such court proceeding, to the fullest extent permitted by applicable law.

Class Action and Collective Relief Waiver

You and Atlas Indeed agree that, by entering into this Arbitration Agreement, the parties are waiving the right to a jury trial or to participate in a class action, collective action, representative action, or class arbitration. There shall be no right or authority for any dispute to be arbitrated on a class or representative basis. If, for any reason, a claim proceeds in court rather than in arbitration, you and Atlas Indeed waive any right to a jury trial. Notwithstanding the foregoing, if any part of this class action waiver is deemed unenforceable in a particular dispute, then the entirety of this Arbitration Agreement shall be deemed void, and neither you nor Atlas Indeed will be entitled to arbitrate that particular dispute.

Arbitration Rules and Procedures

The arbitration will be administered by the National Arbitration and Mediation (“NAM”), or if it cannot be conducted by NAM, by another mutually agreed-upon independent arbitration service provider. The arbitration will be conducted by a single arbitrator. The arbitrator will apply the applicable substantive law of the state where you reside and shall have the authority to issue remedies provided by such applicable law, except to the extent any part of these Terms limits a remedy.

The prevailing party in arbitration will be entitled to recover its reasonable attorney’s fees and arbitration fees, except that the non-prevailing party will not be required to pay the prevailing party’s attorney’s fees or arbitration fees unless the arbitrator determines that the prevailing party is entitled to such reimbursement under applicable law. You and Atlas Indeed agree that the arbitration process will be governed by the rules of the arbitrator, including any pre-arbitration filing requirements.

Opt-Out

You have the right to opt out of this Arbitration Agreement within thirty (30) days of first using the Services. If you wish to opt out, you must notify Atlas Indeed in writing by emailing legal@atlasindeed.com. If you opt out of this Arbitration Agreement, neither you nor Atlas Indeed will be subject to any future arbitration provisions in these Terms.

Feedback

By sending us any feedback, comments, questions, or suggestions concerning Atlas Indeed, the Services, or us (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties.

By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Atlas Indeed and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account, these Terms, the Services, or your participation in the Services.

Electronic Communications and Trip-Related Messages

By providing Atlas Indeed with your email address or telephone number and communicating with us electronically, you consent to receive electronic communications reasonably related to your inquiry, booking, trip, account, or use of the Services. These communications may include emails, telephone calls, and text messages regarding requested information, itinerary updates, payment or booking matters, service issues, and other transactional or customer-service communications. Message and data rates may apply to text messages.

Atlas Indeed does not require consent to receive marketing or promotional text messages as a condition of purchasing travel services. If Atlas Indeed separately offers marketing or promotional electronic communications, we will obtain any consent required by applicable law and will provide any legally required method to opt out. You may also contact us at trip@atlasindeed.com regarding your communication preferences.

You agree that electronic communications from Atlas Indeed satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law. You are responsible for keeping your contact information current so that we can reach you regarding your Services and travel arrangements.

Links to Third-Party Websites, Products, and Services

The Services may contain links or otherwise direct you to websites, applications, products, or services operated by other parties (“Third-Party Services”). If there are Third-Party Services or other resources linked on these Services, either by Atlas Indeed or a third party such as a user of the Services, those links are provided only for the convenience of our users. We have no control over the contents of those Third-Party Services or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Services linked to or otherwise referenced on the Services, you do so entirely at your own risk and subject to the terms and conditions of use for that Third-Party Service.

Duration and Termination of Terms

Duration.

The agreement between you and Atlas Indeed reflected by these Terms is effective when you access the Services (for example to create an Account) and remains in effect until either you or we terminate the agreement in accordance with these Terms. Notwithstanding the fact of termination by you or Atlas Indeed, these Terms shall apply to any trips booked prior to the termination whether or not you have yet traveled.

Termination by Users.

Users may terminate their Account by written notice via e-mail to trip@atlasindeed.com.

Termination by Atlas Indeed.

At any time, with or without notice, for any or no reason, Atlas Indeed reserves the right to modify or discontinue any portion or all of the Services, and to restrict, suspend, and terminate any user’s Account. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES.

Survival.

All provisions which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination by Atlas Indeed or you. Termination will not limit any of Atlas Indeed’s other rights or remedies at law or in equity.

Indemnity and Release

You agree to release and to indemnify, defend, and hold harmless Atlas Indeed and its parents, subsidiaries, affiliates, and agents, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs), claims, actions, inquiries, or investigations of any kind whatsoever arising out of or resulting from your violation of these Terms or the terms in our other policies and agreements that you agree to be bound by, your use or misuse of the Services, including, but not limited to, any use of the Services’ content and products other than as expressly authorized, your use of any information obtained from the Services, or your violation of any third party’s rights, including, but not limited to, intellectual property rights, right of privacy, right of publicity, and confidentiality. Atlas Indeed reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Atlas Indeed in the defense of such matter. In the event that you have a dispute with one or more other users, you release Atlas Indeed, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services. If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.