Metropolis Technologies, Inc. ("Metropolis") provides access to its urban networks (which are developed and managed by affiliates of Metropolis) that are digitally connected through proprietary technologies, including applications, software, platforms, computer vision and other network management technologies and techniques. Technology-enabled locations "Metropolis Locations" are the physical facilities where Metropolis provides its services, such as subscription parking, valet parking, guest parking, other mobility-related services and other ancillary services for consumers and businesses. We use our urban networks, physical infrastructure, personnel, technologies, and Metropolis Locations to deliver parking, mobility, and other types of services to you and our other customers (collectively, "Metropolis Service", Services").
These Terms of Service govern your use our Services and all related infrastructure and technology used to deliver Services to you. By choosing to use any of our Services, you accept these Terms of Service and our Data and Privacy Policy and agree to adhere to conditions specified.
Personally identifying information is subject to our Data and Privacy Policy. Please review our Data and Privacy Policy to understand our practices.
If you use our Services, you and Metropolis agree that any dispute, claim or controversy arising out of or relating in any way to the Metropolis service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Metropolis are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Metropolis membership.
THE METROPOLIS SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE METROPOLIS SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. METROPOLIS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE METROPOLIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. METROPOLIS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, METROPOLIS READY DEVICES, AND METROPOLIS SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL METROPOLIS, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED HEREIN TO RESOLVE ANY DISPUTES WITH METROPOLIS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).