METRO Q Mobile Ticketing Application Terms Of Use / End User License Agreement

Effective as of the Date of Acceptance of this Agreement.

IMPORTANT! – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” or the “Authorized User”) AND THE METROPOLITAN TRANSIT AUTHORITY OF HARRIS COUNTY, TEXAS (“METRO”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE (“AGREEMENT”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THE METRO Q MOBILE TICKETING APPLICATION. METRO IS WILLING TO LICENSE AND ALLOW THE USE OF THIS METRO Q MOBILE TICKETING APPLICATION ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE. IF YOU DO NOT AGREE WITH THIS TERMS OF USE, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE METRO Q MOBILE TICKETING APP.

Terms & Conditions

  1. LICENSE GRANT. The METRO Q Mobile Ticketing application is provided by METRO, and this Agreement provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the METRO Q Mobile Ticketing application conditioned on your continued compliance with the terms and conditions of this Agreement. This Agreement permits you to use and access for personal or business purposes only the METRO Q Mobile Ticketing application on a (i) mobile device and (ii) on a computer desktop or laptop from the internet or through an online network. You may also load information from the METRO Q Mobile Ticketing application into your device’s temporary memory (RAM) and print and download materials and information from the METRO Q Mobile Ticketing application solely for your personal or business use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the METRO Q Mobile Ticketing application on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with METRO regarding access and usage privileges for the METRO Q Mobile Ticketing application. Nevertheless, your personal use of the METRO Q Mobile Ticketing application will be subject to the obligations and restrictions regarding use of the METRO Q Mobile Ticketing application as set forth in this Agreement.

  2. RESTRICTIONS. The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by METRO through the METRO Q Mobile Ticketing application in any manner not expressly permitted by this Agreement. In addition, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the METRO Q Mobile Ticketing application.

  3. USER OBLIGATIONS. By accessing or using the METRO Q Mobile Ticketing application in order to view our information and materials or submit information of any kind, you represent that you are at least 14 years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the METRO Q Mobile Ticketing application, 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 METRO Q Mobile Ticketing application. This Agreement is also expressly made subject to any applicable export laws, orders, restrictions, or regulations.

  4. NOTICE OF CONTINUED USE. METRO reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Mobile Q Ticketing Application following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, METRO grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Mobile Q Ticketing Application.

  5. PROPRIETARY RIGHTS.This Agreement provides only a limited license to access and use the METRO Q Mobile Ticketing application. Accordingly, you expressly acknowledge and agree that METRO transfers no ownership or intellectual property interest or title in and to the METRO Q Mobile Ticketing application 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 Q Mobile Ticketing application, unless otherwise indicated, are owned, controlled, and licensed by METRO and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, METRO does not grant any express or implied right to you or any other person under intellectual or proprietary rights. Accordingly, your unauthorized use of the METRO Q Mobile Ticketing application may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. 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. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.

  6. WARRANTY DISCLAIMER. WHILE METRO ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE METRO Q MOBILE TICKETING APPLICATION 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 Q MOBILE TICKETING APPLICATION. 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 Q MOBILE TICKETING APPLICATION 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 Q MOBILE TICKETING APPLICATION 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.

  7. LIMITATION OF LIABILITY. 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. MOREVER, 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 Q MOBILE TICKETING APPLICATION, WITH THE DELAY OR INABILITY TO USE THE METRO Q MOBILE TICKETING APPLICATION, OR FOR ANY INFORMATION SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE METRO Q MOBILE TICKETING APPLICATION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF METRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF METRO FOR ANY REASON WHATSOEVER RELATED TO USE OF THE METRO Q MOBILE TICKETING APPLICATION SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO METRO IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

  8. INDEMNIFICATION. 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 ANY BREACH BY YOU OF THIS AGREEMENT.

  9. TERM.This Agreement and your right to use the METRO Q Mobile Ticketing application will take effect the moment you use the METRO Q Mobile Ticketing application and is effective until terminated as set forth below in the ‘Termination’ section.

  10. TERMINATION. You may terminate this Agreement at any time by ceasing to use the METRO Q Mobile Ticketing application, but all applicable provisions of this Agreement will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of the METRO Q Mobile Ticketing application in your possession. In addition to the miscellaneous section below, the provisions concerning METRO’s proprietary rights, indemnification, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this Agreement for any reason. In addition, METRO reserves the right at any time and on any grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the METRO Q Mobile Ticketing application or to any portion thereof in order to protect METRO and/or other Authorized Users, and this Agreement will also terminate automatically if you fail to comply with this Agreement, subject to the survival rights of certain provisions identified above. Termination will be effective without notice.

  11. PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain programs, services, tools, materials, or information of the METRO Q Mobile Ticketing application requires the submission, use, and dissemination of various personal identifying information. Accordingly, if you wish to continue to use those programs, services, tools, materials, or information of the METRO Q Mobile Ticketing application, you acknowledge and agree that your use of the METRO Q Mobile Ticketing application will constitute acceptance of METRO’s personal identifying information collection and use practices. Please see METRO’s Privacy Policy for a summary of METRO’s personal identifying information collection and use practices.

  12. THIRD-PARTY PRODUCTS/SERVICES. METRO in its sole discretion, may post the advertisements of third parties on the METRO Q Mobile Ticketing application and/or feature materials, programs, products, and services provided by third parties. METRO makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, products, and services or any other materials, programs, products, and services. Your correspondence or any other dealings with third parties found on the METRO Q Mobile Ticketing application are solely between you and such third party. Accordingly, METRO expressly disclaims responsibility and liability for all third party provided materials, programs, products, and services contained on or accessed through the METRO Q Mobile Ticketing application, and you agree that METRO shall not be responsible for any loss or damage of any sort incurred as a result of and such dealings or as the result of the presence of such third parties on the METRO Q Mobile Ticketing application.

  13. RIGHT TO ENFORCE SECURITY. Actual or attempted unauthorized use of the METRO Q Mobile Ticketing application 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. METRO reserves the right to view, monitor, and record activity on the METRO Q Mobile Ticketing application without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the METRO Q Mobile Ticketing application. 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 Q Mobile Ticketing application as well as to disclosures required by or under applicable law 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 Q Mobile Ticketing application, or any portion of the METRO Q Mobile Ticketing application, in order to protect the METRO Q Mobile Ticketing application, METRO, or METRO’s services.

  14. GOVERNING LAW. This Agreement has been made in and 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 into 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.

  15. SEVERABILITY. If any of these terms or conditions 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.

  16. WAIVER. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.

  17. ASSIGNMENT.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.

  18. MISCELLANEOUS. 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.