The Houston Riding Service is not intended for children under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By using the Houston Riding Service, you affirm that you are at least 18 years of age. Metropia does not seek to gather information from or about children under the age of 18 through the Houston Riding Service. THE FOREGOING DOES NOT IN ANYWAY PREVENT PARENTS FROM TAKING THEIR CHILDREN UNDER AGE 18 AS PASSENGERS ON A TRIP.
Metropia Houston Riding is a voluntary drive share program that links carpool drivers and passengers who choose to use Metropia’s Houston Riding service to find carpooling partners.
Though the Houston Riding Service and Metropia assume that the driver and passenger are willing to get in touch with each other, Metropia does not in any way facilitate their meeting, and the following cautions should be noted:
Metropia does not do any screening of drivers or passengers concerning their mental or physical health or their criminal record or reputation for bizarre or harmful habits including inebriation, drug use or domestic violence.
Driver and Houston Riding passengers need to make their own assessment of the mental and or physical health or motivations of the driver or passenger(s) and whether they are intoxicated or under the influence of drugs, before the trip begins. Metropia shall not be responsible for any injuries or illnesses caused by the driver or passenger(s) nor will it be responsible for any damages or inconvenience caused by the passengers including, but not limited to vomiting, urinating or otherwise leaving a mess in the vehicle.
YOU AGREE THAT YOUR USE OF METROPIA Houston Riding SERVICE IS AT YOUR SOLE RISK.
Metropia makes no representations as to whether the Driver has insurance or whether the passenger will be covered by that insurance. Driver agrees that he/she is covered by insurance and is a licensed driver. Driver is cautioned to check their insurance terms to verify that Houston Riding passengers are covered by driver’s insurance.
Riders may agree to compensate the driver for some costs of the trip such as tolls or gas. These negotiations are solely between the driver and passenger. Metropia is in no way involved with these negotiations or responsible to resolve any dispute regarding them.
Drivers are cautioned if they ask for anything more than reimbursement of the costs of the trip. The driver’s insurance company may consider such requests as evidence of “driving passengers for hire” and thus void any protection it provides for passengers. If in doubt, drivers should check with their insurance company.
Use of the Service
You agree that Metropia may collect and the store the information you enter into the Metropia Houston Riding web page. This information is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Houston Riding Service.
You agree not to do any of the following with the Houston Riding Service:
- Attempt to derive the source code, audio library or structure of the Houston Riding Service without the prior express written consent of Metropia.
- Alter, modify, create derivative works of, sell, license, or in any way exploit any part of the Houston Riding Service.
- Copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Houston Riding Service without Metropia’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following (unless expressly permitted):
- Altering, defacing, mutilating, or otherwise bypassing any approved software through which the Houston Riding Service is made available; and
- Using, altering or removing any trademarks, service marks, design marks, logos, photographs, or other content belonging to Metropia or obtained from the Houston Riding Service.
- Bypass, circumvent, damage, or otherwise interfere with any security or other features of the Houston Riding Service designed to control the manner in which the Houston Riding Service is used.
- Harvest or mine any content available on the Houston Riding Service (“Houston Riding Service Content”).
- Access or use the Houston Riding Service in a manner inconsistent with individual users.
- Use, display, mirror, frame, or utilize framing techniques to enclose the Houston Riding Service or the Houston Riding Service Content, or any portion thereof, through any other application or website, unless and solely to the extent Metropia makes available the means for embedding any part of the Houston Riding Service or the Houston Riding Service Content.
- Access, tamper with, or use non-public areas of the Houston Riding Service, Metropia’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Metropia’s providers.
- Harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including Metropia employees.
- Provide any false personal information to Metropia.
- Create a false identity or impersonate another person or entity in any way.
- Create a new account with Metropia, without Metropia’s express written consent, if Metropia has previously disabled an account of yours.
- Solicit, or attempt to solicit, personal information from other users of the Houston Riding Service.
- Restrict, discourage, or inhibit any person from using the Houston Riding Service, disclose personal information about a third person on the Houston Riding Service or obtained from the Houston Riding Service without the consent of such person, or collect information about users of the Houston Riding Service. The foregoing does not in any way prevent a parent from restricting their children’s use of the service or any other rights of the parents to restrict their children.
- Use the Houston Riding Service, without Metropia’s express written consent, for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation.
- Gain unauthorized access to the Houston Riding Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Houston Riding Service.
- Post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Houston Riding Service or communications equipment and computers connected to the Houston Riding Service.
- Interfere with or disrupt the Houston Riding Service, networks, or servers connected to the Houston Riding Service or violate the regulations, policies or procedures of such networks or servers.
- Assist or permit any persons in engaging in any of the activities described above.
Metropia may change or discontinue the Houston Riding Service, and Metropia reserves the right to terminate your access to the Houston Riding Service at any time for any or no reason and without notice to you. Metropia further reserves the right to withhold, remove or discard any content available in your user account.
You may terminate your account with the Houston Riding Service at any time by notifying Metropia via an email addressed to firstname.lastname@example.org. Any such cancellation by you shall become effective upon Metropia's receipt of your notice.
In the event of any such termination, you must:
Cease all use of the Houston Riding Service; and
In order to register for the Houston Riding Service, you must provide your email address. You agree: (a) when signing up for the Houston Riding Service, to provide Metropia with true, accurate, current, and complete information about yourself, and (b) to inform Metropia promptly of any changes to such information to keep it true, accurate, current and complete.
If you provide Metropia with any information that is untrue, inaccurate, not current or incomplete, or Metropia has reasonable grounds to suspect so, Metropia has the right to suspend or terminate your access to the Houston Riding Service.
Limitation of Liability
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL METROPIA OR ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY PERSONAL INJURY, LOSS, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, THE PACKAGE, OR SERVICE CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF METROPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THIS LIMITATION MAY NOT APPLY TO YOU THEN IN SUCH EVENT METROPIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) WILL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU, BUT IN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
Arbitration and Governing Law; Third Party Disputes
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED
METROPIA IS NOT AFFILIATED WITH ANY CARRIER OR SERVICE PROVIDER, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY AND YOU IRREVOCABLY RELEASE METROPIA (AND OUR OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
By using the Houston Riding Service, you consent to receive from Metropia all communications, including notices, agreements, legally required disclosures or other information in connection with the Houston Riding Service (collectively, “Notices”) electronically. Metropia may provide such Notices via the Houston Riding Service. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of the Houston Riding Service. Metropia may email or send text messages to you from time to time to inform you about our products and services that we think will interest you, unless you inform us that you opt out from receiving such communications.
Effective as of September 3, 2017