Metropia Houston Riding Terms of Use

Please read these terms and conditions of use (“Terms of Use”) carefully before you enter your personal information to the Metropia Houston Riding Website. Your use of the Houston Riding Service indicates that you accept these Terms of Use. If you do not accept these Terms of Use, do not use the Houston Riding Service. These Terms of Use are binding on both the driver and the passenger and are in addition to the Terms of Use for drivers using Metropia’s services.

Introduction

These Terms of Use are a legal binding agreement between you and Metropia, Inc. (“Metropia,” “we,” “us,” or “our”). All references herein to “you” and “your” means you. You must comply with all applicable laws and these Terms of Use. Metropia may revise these Terms of Use at any time. You should visit http://www.metropia.com from time to time to review the current Terms of Use for the Houston Riding Service.

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.

Caution

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.

Sharing Expenses

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.

YOU ASSUME ALL RISK ARISING OUT OF YOUR USE OF THE SERVICE. IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH IN THESE TERMS OF USE, IN NO EVENT WILL METROPIA, ITS LICENSORS, SUPPLIERS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION OR RECOMMENDATIONS PROVIDED BY THE SERVICE.

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.
  • Undertake, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of any aspect of the Houston Riding Service or Houston Riding Service Content or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms of Use, the authorized features of the Houston Riding Service or Houston Riding Service Content, or by law, or otherwise attempt to use or access any portion of the Houston Riding Service other than as intended by Metropia.
  • 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.
  • Violate any applicable federal, state, or local laws or regulations or these Terms of Use.
  • Assist or permit any persons in engaging in any of the activities described above.

Termination

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 houston@metropia.com. 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

All terms and conditions of these Terms of Use by their nature or their terms, should survive termination of these Terms of Use – including, without limitation, all statements of ownership, all disclaimers of warranties, and all limitations of liability.

Account Information

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.

All of your account information, as well as other personal information provided by you to Metropia, is subject to the Privacy Policy.

Trademarks

These Terms of Use do not grant to you any rights in connection with any trademarks or service marks of Metropia or of Metropia’s licensors or suppliers.

No Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE, THE PACKAGE, AND SERVICE CONTENT ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE PACKAGE, AND ALL SERVICE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND METROPIA HEREBY DISCLAIMS, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. METROPIA DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THE PACKAGE, OR SERVICE CONTENT, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE, PACKAGE, OR SERVICE MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE, THE PACKAGE OR SERVICE MATERIALS WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY OF THE FOREGOING WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY METROPIA OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. SHOULD THE SERVICE, PACKAGE, OR SERVICE MATERIALS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, 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.

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.

Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold Metropia and its officers, directors, employees, agents, successors and assigns (the “Released Parties”) harmless from and against any liability, loss, damage, expense, and injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, arising out of or in connection with (a) your access, use, or misuse of the Houston Riding Service or Houston Riding Service Content, or (b) your violation of these Terms of Use. Metropia will use reasonable efforts to notify you of any such claim, action, or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if Metropia is unable to communicate with you in a timely manner because of an inactive or erroneous e-mail address for you, your indemnification obligation will continue notwithstanding Metropia’s inability to contact you in a timely manner.

Arbitration and Governing Law; Third Party Disputes

You agree that any dispute, claim, or controversy arising out of or relating to these Terms of Use, the Houston Riding Service, the Package, or your use thereof, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association. The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. Note that there is no judge or jury in an arbitration proceeding and the decision of the arbitrator shall be binding upon both parties.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Houston Riding Service or these Terms of Use:

  • 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

These Terms of Use and the performance hereunder will be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflict of laws provisions therein. You agree to submit to the exclusive jurisdiction of the courts of the County of Pima, Arizona.
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.

Miscellaneous

These Terms of Use constitute the entire agreement between Metropia and you with respect to the subject matter hereof. Metropia's or your failure to require performance of any provision shall not affect that party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

If any provision herein is held unenforceable, then such provision will be modified to reflect the intention of the parties, and the remaining provisions of these Terms of Use will remain in full force and effect.

You may not resell, assign, or transfer any of your rights hereunder. Any such attempt may result in termination of these Terms of Use, without liability to Metropia. Notwithstanding the foregoing, Metropia may assign these Terms of Use without restriction.

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.

If you have any questions regarding the terms of these Terms of Use, please contact Metropia by sending an email to houston@metropia.com.

Effective as of September 3, 2017