Terms and Conditions
Effective date: August 18, 2019
These Terms of Service (“Terms of Service”) govern the access or use by you of applications, websites, content, products, and services (the “Services”) made available by Capital Metropolitan Transportation Authority, a public body corporate and political subdivision organized and existing under Chapter 451, Texas Transportation Code (“CapMetro,” “we,” or “us”). PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms of Service, which establish a contractual relationship between you and CapMetro. If you do not agree to these Terms of Service, you may not access or use the Services. CapMetro may amend these Terms of Service from time to time. Amendments will be effective upon CapMetro's posting of such updated Terms of Service at this location. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms of Service, as amended.
Our collection and use of personal information in connection with the Services is as provided in CapMetro's Privacy Policy located at http://capmetro.org/privacy/. You understand and acknowledge that any information you submit to CapMetro is subject to public inspection and copying under the Texas Public Information Act, Chapter 552 of the Texas Government Code, unless exempt by law.
The Services constitute a technology platform that enables users of CapMetro website (https://www.capmetro.org/) and the CapMetro Marketplace (collectively, the “Sites”), the CapMetro mobile app (the “App”) and the Pickup mobile app (the “Pickup App”, and together with the App, the “Applications”) to, among other things, view transportation schedules and pay fares for transportation on CapMetro's public transit system or those of our public regional partners or private transportation providers. Unless otherwise agreed by CapMetro in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
By using the Applications, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If you are a parent or guardian of a minor who has registered for or used the Service without your consent, please contact us at customerservice@capmetro.org.
Pickup App customers traveling with a child or children younger than 8 years old and shorter than 57 inches are encouraged to provide and secure a child safety seat for each child matching this criteria. This is not required and is therefore not a basis for denying a trip. Pickup by Cap Metro will not provide child safety seats for any rider. The rider is solely responsible to ensure the seat is safe and can be secured safely.
Subject to your compliance with these Terms of Service, CapMetro grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal mobile device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by CapMetro and CapMetro's licensors.
Although CapMetro strives to provide content, information, and related materials that are both useful and accurate, the nature of the data and other information available via the Services is subject to frequent change. Accordingly, the content, information, and related materials available via the Services may not be up-to-date, accurate, or complete at all times.
In order to use some aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). Account registration requires you to submit certain personal information, such as your name, address, mobile phone number, and age. If you choose to set up your Account to electronically pay, you will also be required to provide a valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Services. This includes password strength requirements and password frequency changes. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You grant CapMetro the right to provide any information you submit to third parties for purposes of facilitating the completion of any transactions initiated by you or on your behalf.
There is a risk that unauthorized third parties may engage in illegal activity, such as hacking into CapMetro's security systems or CapMetro's contracted vendors' security system, or by intercepting transmissions of personal information over the Internet. CapMetro is not responsible for any data obtained by third parties in an unauthorized manner.
In connection with your use of the Services, you agree that you will not:
- Restrict or inhibit any other user from using the Services, including, without limitation, by means of “hacking” or defacing any portion of the Services;
- Use the Services for any unlawful purpose;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive or malicious nature;
- Modify, copy, change, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
- Remove any copyright, trademark or other proprietary rights notices contained on the Services or “frame” or “mirror” any part of the Services;
- Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents without our prior written consent; or
- Take any action that imposes or may impose an unreasonable or disproportionately large load on our (or our third party providers') infrastructure.
A mobile ticket refers to a type of pass, purchased through the Applications using an Apple, Android or Windows smartphone or mobile device. The security of your mobile device or pass is your responsibility. In the event that the pass or your mobile device is lost or stolen, CapMetro will not provide a duplicate or replacement pass. Your valid mobile pass should be activated and displayed clearly on the mobile device screen when asked by CapMetro's fare enforcement officer, police officer, bus operator or rail operator to view the mobile pass. A valid mobile pass must be retained during your entire journey. If you are unable to show a valid pass, you may be subject to a fine. If the mobile pass has been damaged or is not readable in any way, the pass becomes invalid and a new one must be purchased. If you delete the Applications you will also delete your mobile passes. If you reinstall the App on the same device it was deleted, your passes will be downloaded to the device. You cannot print or transfer mobile passes. If you lose or get a new phone, you must contact customer service at 512-474-1200 to transfer passes to your new phone.
By creating an Account, you agree that the Services may send you informational emails and text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving emails and text (SMS) messages from CapMetro at any time. You acknowledge that opting out of receiving emails or text (SMS) messages may impact your use of the Services.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and the Application and any updates thereto. CapMetro does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CapMetro DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CapMetro MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
CapMetro SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CapMetro HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CapMetro SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF (1) YOUR USE OF OR RELIANCE ON THE SERVICES; (2) YOUR INABILITY TO ACCESS OR USE THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON OUR OR OUR AGENTS' SERVERS; OR (4) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF CapMetro HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CapMetro SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CapMetro'S REASONABLE CONTROL. IN NO EVENT SHALL CapMetro'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
The foregoing notwithstanding, you acknowledge that CapMetro is a political subdivision of the State of Texas and that CapMetro is subject to and shall comply with the applicable provisions of the Texas Tort Claims Act, as set out in Civil Practice and Remedies Code, Section 101.001 et seq. and the remedies authorized therein regarding claims or causes of action that may be asserted by third parties for accident, injury or death.
You agree to indemnify and hold CapMetro and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services obtained through your use of the Services; (ii) your breach or violation of any of these Terms of Service; or (iii) your violation of the rights of any third party, all without, however, waiving any governmental immunity available to CapMetro under Texas law.
These Terms of Service shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate these Terms of Service, and/or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Services at any time, with or without notice to you. Upon termination of these Terms of Service, your right to use the Services shall immediately cease. You agree that CapMetro may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files.
These Terms of Service and the rights and obligations of the parties under these Terms of Service will be governed by, and construed and interpreted in accordance with, the laws of the State of Texas, excluding its rules of conflicts of law. Any and all obligations under these Terms of Service are due in Travis County, Texas and the parties hereby irrevocably consent to the jurisdiction of the courts in Austin, Texas with respect to all disputes arising out of these Terms of Service.
CapMetro may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to the address in your Account, if you provided one. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to CapMetro, with such notice deemed given when received by CapMetro, at any time by first class mail or pre-paid post to Capital Metropolitan Transportation Authority, Attn: Customer Service, 2910 East Fifth Street, Austin, TX 78702
You may not assign these Terms of Service without CapMetro's prior written approval. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and CapMetro as a result of this agreement or use of the Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. CapMetro's failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CapMetro in writing.