Terms of Use

These Terms of Use (“Terms”) between you (“you” or the “authorized user”) and the Metropolitan Transit Authority of Harris County, Texas (“METRO,” “we,” “our,” or “us”), a metropolitan transportation authority, govern your access to and use of ridemetro.org, including certain METRO-owned subdomains as described below (collectively referred to as, the "METRO website") and fares.ridemetro.org (the "Online RideStore"). Please note, the Online RideStore is made available via the METRO website and is included in references unless explicitly stated otherwise. These Terms apply to any content, functionality, and services offered on or through the METRO website, whether as a guest or a registered user.

For your convenience, METRO maintains multiple web addresses that direct users to the Online RideStore (a portion of the METRO Website), including www.fares.ridemetro.org and metroridestore.com. All web addresses that redirect to or through ridemetro.org, metroridestore.com, or fares.ridemetro.org are governed by these Terms regardless of which web address you use to reach the METRO website or Online RideStore. In addition, the following METRO-owned subdomains are included in the definition of "METRO website" and are governed by these Terms:

• METRO Trip Planner (planyourtrip.ridemetro.org and tripplanner.ridemetro.org);
• METRO Interactive System Map (map.ridemetro.org);
• METRO Job Listings (jobs.ridemetro.org);
• METRO Vanpool (https://starapp.ridemetro.org or https://ridepro.ridemetro.org);
• Public Comments System (crm.ridemetro.org); and
• Developer Portal (api-portal.ridemetro.org and developer-portal.ridemetro.org).

These Terms do not apply to your use of the RideMETRO mobile application, the METRO On Demand mobile application (including ondemand.ridemetro.org), or any other services provided by METRO that are explicitly governed by separate terms of use. The terms of use for each METRO service can be found on its respective website or mobile application.

METRO is committed to ensuring the METRO website is accessible to individuals with disabilities. If you experience difficulty accessing any content, feature, or functionality on the METRO website, please contact us at webmaster@ridemetro.org, and we will work to provide the information through an alternative communication method that is accessible for you consistent with applicable law, including the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

METRO reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the METRO website will constitute your acceptance and acknowledgement of any changes previously made.

If you do not agree with these Terms and METRO's Privacy Policy located at : https://www.ridemetro.org/privacy-policy, you are not granted permission to access or otherwise use the METRO website.

By using the METRO website, you represent and warrant that you are of legal age to form a binding contract with METRO and meet all of the foregoing eligibility requirements. The Online RideStore is offered and available to users with a valid credit, debit or prepaid card (MasterCard; Visa; American Express; Discover). If you do not meet all of these requirements, you must not access or use the METRO website.

To use the Online RideStore, you may be required to create a user account. By creating a user account on the Online RideStore, you represent that you are at least 18 years of age, or have the consent of a parent/guardian, and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Online RideStore, including, without limitation, when you provide information via a registration or submission form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Online RideStore.

You agree not to create more than one account for any separately branded product or service available through the METRO website. METRO reserves the right to deactivate any additional or duplicate accounts. You may not create an account for someone else unless you have the legal authority or other valid authorization to do so on their behalf.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the METRO website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

In connection with your use of the METRO website, YOU AGREE THAT YOU WILL NOT:

• Use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data or proprietary material provided by METRO through the METRO website in any manner not expressly permitted by these Terms. Further restrictions discussed in Section 3 (Proprietary Rights).
• Use the METRO website for any unlawful purpose.
• Restrict or inhibit any other visitor or user from using the METRO website, including, without limitation, by means of hacking or defacing any portion of the METRO website.
• Jeopardize the security of your account or anyone else's.
• Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or any other information relating to the METRO website.
• Use the METRO website in a harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable way, subject to METRO's discretion.
• Use the METRO website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the METRO website, including their ability to engage in real time activities through the METRO website.
• Otherwise attempt to interfere with the proper working of the METRO website.

Any violation of these restrictions is grounds for termination of your user account and your access to the METRO website.

The METRO website and any other METRO services are protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You expressly acknowledge and agree that METRO transfers no ownership or intellectual property interest or title in and to the METRO website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the METRO website, unless otherwise indicated, are owned, controlled, and/or licensed by METRO.

The METRO logo, and all other names, logos, and icons identifying METRO and its programs, products, and services are proprietary trademarks of METRO, and any use of such marks, including, without limitation, as domain names, without the express written permission of METRO is strictly prohibited. METRO and its licensors will aggressively enforce their intellectual property rights in such Trademarks, including via civil and criminal proceedings. METRO and its licensors reserve all rights not expressly granted in these Terms.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This METRO website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this METRO website.
• Send emails or other communications with certain content, or links to certain content, on this METRO website.
• Cause limited portions of content on this METRO website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by METRO, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the METRO website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or inline linking.
• Link to any part of the METRO website other than the homepage.
• Otherwise take any action with respect to the materials on this METRO website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. Additionally, in our discretion, we may disable all or any social media features and any links at any time without notice.

While METRO endeavors to provide reliable information, services, programs, software, and materials, the METRO website is provided on an “as-is” basis and may include errors, omissions, or other inaccuracies. You assume the sole risk of making use of the METRO website. METRO makes no representations or warranties about the results that can be achieved from or the suitability, completeness, timeliness, reliability, legality, or accuracy of the METRO website for any purpose, and expressly disclaims all warranties, express or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement or any other implied warranty as enacted by the State of Texas.
METRO also makes no representation or warranty that the METRO website will operate error free or in an uninterrupted fashion or that any downloadable files or information will be free of viruses or contamination or destructive features.

METRO makes no guarantee that the METRO website or any of its content is accessible or appropriate outside of the United States. Access to the METRO website may not be legal by certain people or in certain countries. If you access the METRO website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

You expressly absolve and release METRO from any claim of harm resulting from a cause beyond METRO's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer or mobile viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. Moreover, in no event shall METRO be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the METRO website, with the delay or inability to use the METRO website, or for any information services, programs, products, and materials available through the METRO website, whether based in contract, tort, strict liability, or otherwise, even if METRO has been advised of the possibility of such damages. To the fullest extent permitted by law, and without waiving any sovereign immunity protections, total liability of METRO for any claim related to use of the METRO website shall not exceed the lesser of (i) the total amount paid by you to METRO in connection with the subject matter of the particular dispute, or (ii) the maximum liability permitted under the Texas Tort Claims Act or other applicable law governing governmental liability. METRO does not waive any defenses, immunities, or limitations on damages available to governmental entities under Texas law. LIMITATIONS OF DAMAGES SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN METRO AND YOU.

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless METRO and its affiliates and all of their respective employees, agents, directors, officers, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from (i) your breach of these Terms; (ii) any allegation that any materials you submit to us or transmit to the METRO website infringe or otherwise violate the copyright, trademark, trade secret, or any other intellectual property rights of a third party; and/or (iii) your activities in connection with the METRO website.

These Terms take effect the moment you access the METRO website and are effective until terminated in accordance with this Section.

METRO reserves the right to immediately terminate these Terms, and/or your access to and use of the METRO website or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms, your right to use the METRO website shall immediately cease. You agree that any termination of your access to or use of the METRO website may be affected without prior notice, and that METRO may immediately deactivate or delete your account, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that METRO shall not be liable to you or any third party for any termination of your access to the METRO website or to any such information or files and shall not be required to make such information or files available to you after any such termination.

Certain Terms will survive termination, as identified in Section 19 (Survival). Upon termination, you must destroy all copies of any aspect of the METRO website in your possession.

You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information of the METRO website requires the submission, use, and dissemination of various personal information. Accordingly, if you wish to continue to use those programs, services, tools, materials, or information of the METRO website, you acknowledge and agree that your use of the METRO website will constitute your acceptance of METRO's collection and use practices of personal information. METRO's Privacy Policy can be found here: https://www.ridemetro.org/privacy-policy.

Actual or attempted unauthorized use of the METRO website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law and/or Chapter 33 of the Texas Penal Code, also known as the Cybercrimes Act. METRO reserves the right to view, monitor, and record activity on the METRO website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the METRO website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the METRO website as well as to disclosures required by or under applicable law or related government agency actions, including the Texas Public Information Act (Texas Government Code, Chapter 552), or related government agency actions. METRO will also comply with all court orders involving requests for such information. In addition to the foregoing, METRO reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the METRO website, or any portion of the METRO website, to protect the METRO website, METRO, or METRO's services.

These Terms and your interactions with METRO will be construed and enforced solely in accordance with the laws of the United States of America and the State of Texas as applied to agreements entered and completely performed in the State of Texas. You and METRO each agree to submit to the jurisdiction of the courts in the State of Texas and the venue of Harris County, Texas for any disputes between us under or arising out of this Agreement. You acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to this Agreement and is hereby disclaimed.

If any of these Terms should be determined to be invalid, illegal, or unenforceable for any reason by any court of competent jurisdiction then such term shall be enforced only to the extent it is enforceable and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable.

The failure of METRO to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of this Agreement by METRO must be in writing and signed by an authorized representative of METRO.

By using the METRO website, you agree to receive certain electronic communications from us, whether through the METRO website, the Online RideStore, or by other methods of communication. Such communications may be made for any purpose including, without limitation, processing and servicing your ticket orders or reservations, conducting surveys, and researching and improving METRO's services. You may unsubscribe from certain communications at any time by clicking the appropriate link in the communication. Alternatively, you can call (713) 635-4000. You agree that any notice, agreement, disclosure, or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Any calls, emails, and other communications between you and METRO may be recorded and stored.

Portions of the METRO website may utilize or include third-party services or provide links to certain third-party websites (collectively, “Third-Party Services”). When you engage a Third-Party Service, you are interacting with the third party and not with METRO. Such Third-Party Services are not under our control, and we are not responsible for the contents of such Third-Party Services, or any changes or updates to such Third-Party Services. Posting of a link to another website does not constitute endorsement of that website (or any of the products, services or other materials offered through that website) by METRO or our licensors, regardless of whether the link is associated with a third-party advertisement carried by the METRO website. We are not responsible for the privacy practices of Third-Party Services nor any data or information you may share with such Third-Party Services, and make no warranties, express or implied, as to any Third-Party Services or the products or services they provide. We encourage you to be aware of this when you use the METRO website, and to read the terms and privacy statements of every Third-Party Service that you interact with and/or visit. METRO has listed certain Third-Party Services it incorporates in its Privacy Policy, hyperlinked and referenced herein.

This Agreement may not be assigned by you without the prior written approval of METRO but may be assigned without your consent by METRO. Any attempt at improper assignment shall be void.

These Terms and METRO's Privacy Policy located at https://www.ridemetro.org/privacy-policy constitute the sole and entire agreement between you and METRO regarding the METRO website and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

You acknowledge that any breach, threatened or actual, of this Agreement will cause irreparable injury to METRO, such injury would not be quantifiable in monetary damages, and METRO would not have adequate remedy at law. You therefore agree that METRO shall be entitled, in addition to other remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this Agreement.

Upon termination of these Terms by you or METRO, any provision of these Terms that contemplates or governs performance or observance after termination will survive termination, including Sections 3 (Proprietary Rights), 5 (Warranty Disclaimer), 6 (Limitation of Liability), 7 (Indemnification), 8 (Termination), 11 (Governing Law), 12 (Severability), and 13 (Waiver).

If you have questions about these Terms, please contact us at webmaster@ridemetro.org.