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Agreement Date and Version:
DATE OF LAST REVISION: 26 July 2014
AGREEMENT VERSION NO.: 1.0
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.
Nothing in this material is intended to override the corporate separateness of local entities. Working relationships discussed in this material do not necessarily represent a reporting connection, but may reflect a functional guidance, stewardship, or service relationship. Where shareholder consideration of a local entity matter is contemplated by this material, responsibility for action remains with the local entity.
Exxon Mobil Corporation has numerous affiliates, many with names that include ExxonMobil, Exxon, Esso and Mobil. For convenience and simplicity in this material, those terms and terms like corporation, company, our, we and its are sometimes used as abbreviated references to specific affiliates or affiliate groups. Abbreviated references describing global or regional operational organizations and global or regional business lines are also sometimes used for convenience and simplicity. Similarly, ExxonMobil has business relationships with thousands of customers, suppliers, governments, and others. For convenience and simplicity, words like venture, joint venture, partnership, co-venturer, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.
Exxon Mobil Corporation and its affiliated companies (“ExxonMobil,” “we,” “us,” or “our”) are pleased to give you (also referred to herein as “I”) access to the Fuel Finder Website, in addition to the linked websites, applications, services, interfaces, tools, software, and other functionality provided on or through the website (collectively, the “Site”) subject to your agreement to comply with these General Terms, our Privacy Statement (accessible, here), the Marketing and Promotions Use Disclaimer, and the Additional Terms and Conditions (collectively, the “Agreement”). In the event of any conflict between these General Terms and the Additional Terms and Conditions, the General Terms shall govern and supersede the Additional Terms and Conditions. By accessing or using the Site, you agree to this Agreement, as updated from time to time. Accordingly, your use of the Site constitutes acceptance of this Agreement and gives rise to a binding legal agreement between ExxonMobil and you governing your use of the Site.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS. BY USING THE SITE, YOU AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE SITE. BY USING THE SITE, YOU HEREBY AGREE AND REPRESENT AS FOLLOWS:
ExxonMobil reserves the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without any further notice to you. It is your responsibility to regularly check for changes to this Agreement and to review such changes. Any new features or updated content or applications that we make available as a part of the Site will be subject to this agreement. Accordingly, you understand that we may update this Agreement from time to time without giving you any notice. If we do this, we will post the new, modified version of this Agreement onto the Site. Your continued access or use of the Site after any such changes constitutes your acceptance of the new Agreement. Your written approval is not a prerequisite to the validity or enforceability of this Agreement, and no solicitation of such written approval by or on behalf of ExxonMobil shall be construed as an inference to the contrary. In some cases, however, you may be asked to agree to revised terms when accessing the Site and if you do not agree to the revised terms you will not be allowed to use the Site.
This Agreement is effective until terminated. You may terminate this Agreement for any reason by ceasing use of the Site. Your rights under this Agreement will terminate automatically without notice from ExxonMobil, if you fail to comply with any of the terms, conditions, or guidelines of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Site. In the event that your rights to use the Site are terminated, you may immediately lose access to any information that may be on ExxonMobil’s or its licensors’ systems. We can terminate your access to the Site at any time. We may also remove or delete any User Content (as defined below) that you post without cause and without notice to you.
The Site currently is made available to you free of charge only for personal, non-commercial, non-exclusive use. ExxonMobil reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify, suspend, terminate, withdraw, or discontinue all or any part of the Site without compensation to you, including, but not limited to (i) restricting the time all or any part of the Site is available, (ii) restricting the amount of permitted use of all or any part of the Site, and (iii) restricting or terminating any user’s right to use all or any part of the Site, with or without notice; (b) charge fees in connection with the use of all or any part of the Site; (c) charge fees for upgrades to the Site; (d) modify or waive any fees charged in connection with all or any part of the Site; or (e) offer opportunities to some or all users of the Site. You agree that neither ExxonMobil nor any of our affiliates shall be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the Site, in whole or in part, or of any service, content or feature offered through the Site.
The Site (including, without limitation, any material, software, code, files, content, and images contained in or generated by the Site, accompanying data, and other embedded software, including third-party software (collectively, “ExxonMobil Content”)), Site updates and upgrades, and documentation and accompanying fonts (collectively, “ExxonMobil Documentation”) — whether in read-only memory, on any other media, or in any other form — are owned by ExxonMobil or its licensors and are protected by applicable law, including copyright, trademark, patent, and/or trade-secret law. Neither title nor any intellectual property rights are transferred to you, but rather remain with ExxonMobil, or the relevant third party, which owns full and complete title to the Site, ExxonMobil Content, Site updates and upgrades, and ExxonMobil Documentation. ExxonMobil reserves all rights not expressly granted to you, and except as provided in this Agreement, the rights granted herein are non-transferable and do not include any intellectual property rights.
In addition, ESSO, EXXON, EXXONMOBIL, MOBIL, SPEEDPASS, and certain other brands, trademarks, and services marks (collectively, “ExxonMobil Marks”) are marks of ExxonMobil and its affiliates. Not all marks of ExxonMobil will appear on the Site. Marks of third parties may appear on the Site when referring to those entities or their products or services. Third party marks displayed on the Site are owned by their respective owners.
ExxonMobil Content also is protected by copyright. No ExxonMobil Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, or distributed except as expressly permitted by this Agreement. Use of ExxonMobil Content in any other way or for any purpose other than as permitted in this Agreement is a violation of ExxonMobil’s copyrights and other proprietary rights. Permission for all other uses of ExxonMobil Content must be obtained from ExxonMobil in advance and in writing. All content, interfaces, graphics, code, design rights, and other intellectual property rights, in each case, whether registered or unregistered, other than the marks of third parties, and related goodwill are the property of ExxonMobil.
YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SITE, EXXONMOBIL CONTENT, EXXONMOBIL DOCUMENTATION, EXXONMOBIL MARKS, OR ANY OTHER EXXONMOBIL PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT. ExxonMobil takes the protection of intellectual property rights, including copyrights, very seriously. ExxonMobil will terminate your access to, or use of, all or any part of the Site, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of ExxonMobil or others. FURTHER, EXXONMOBIL RESERVES ALL OTHER RIGHTS WITH RESPECT TO ITS INTELLECTUAL PROPERTY.
Solely to enable your use of the Site for personal, non-commercial, non-exclusive purposes, subject to third-party terms (as described below) ExxonMobil hereby grants you a limited, revocable, non-sub-licensable license to use the Site as provided in this Agreement and to view and display ExxonMobil Content (other than ExxonMobil’s or its licensors’ software source code), ExxonMobil Documentation, and User Content (as defined below) for your personal use, but only in connection with your use of the Site. Further, this Agreement does not grant you any rights to use ExxonMobil’s proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Site. Any use of the Site in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the Site or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other content provided by the Site is prohibited. In addition, this Agreement does not entitle you to receive, and does not obligate ExxonMobil to provide, ExxonMobil Documentation, support, telephone assistance, or enhancements or updates to the Site.
Except for this limited, personal-use license, when you use the Site you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of ExxonMobil. Therefore, except as provided above, you may not copy, alter, modify, publish, broadcast, transmit, perform, distribute, display, use, create derivative works of, or sell the Site, ExxonMobil Content, User Content, or ExxonMobil Documentation.
While using the Site, ExxonMobil may locate or record information including, but not limited to, your geographic location and exact positioning, the operating system of your device, the type of device you use, the IP address of your device, the type of mobile Internet browsers you use, session start and stop times, information about the way you use the Site, and any other information tied directly or indirectly to your device (“Device Information”).
In addition, you may be allowed to save certain settings in the Site manually, including your country of residence, your preferred language, your preference regarding kilometers or miles, and other settings (“User Settings”).
The Site may also allow you to enter, post, submit, or link to certain content, such as comments, ratings, and reviews (“User Content”). ExxonMobil does not claim any ownership rights in the User Content. By entering this information through the Site, however, you grant ExxonMobil and ExxonMobil hereby accepts a limited license to the User Content, for the purposes set out in the next paragraph.
Your use of the Site constitutes your consent to allow ExxonMobil to record and use Device Information, User Settings, and User Content for the purpose of (i) improving your experience while using the Site (for example, the Site may use Device Information to set certain settings automatically, such as your country of residence and your local language), and (ii) allowing ExxonMobil to collect aggregated and anonomysed data about its end users. ExxonMobil’s use of your data will be consistent with the guidelines of our Privacy Statement.
The Site requires use of the internet to operate correctly, thus the quality and availability of the Site may be affected by factors beyond ExxonMobil’s control. ExxonMobil does not accept responsibility for unavailability of the Site. Further, the terms of your agreement with your respective internet or mobile network service provider apply when using the Site. You may be charged by your internet or mobile network service provider for access to network connection services for the duration of the connection while accessing the Site. All such charges are your responsibility. Further, you agree that your use of the Site is not contrary to any terms or conditions of coverage extended to you by your respective internet or mobile network service provider.
By using the Site, you (1) expressly relieve ExxonMobil from any and all liability arising from your use of any third party components or services embedded in the Site, and (2) agree that, with respect to these third party components and services, ExxonMobil is not responsible for the manner in which your data is processed, as outlined in the Privacy Statement at section 6.4.
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. FURTHER, YOU UNDERSTAND THAT ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE USING THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SITE (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.
EXXONMOBIL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND ANY SERVICES, 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, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EXXONMOBIL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EXXONMOBIL OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO GAMING FUNCTIONALITY, WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE SITE, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE SITE OR IN ANY OTHER PRODUCT OFFERED BY EXXONMOBIL.
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. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EXXONMOBIL BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. YOU AND EXXONMOBIL HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND EXXONMOBIL MOBIL WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EXXONMOBIL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED FIVE DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SITE AND FOR ALL USER CONTENT PROVIDED USING YOUR ACCOUNT. ACCORDINGLY, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD EXXONMOBIL AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT EXXONMOBIL MAY INCUR IN CONNECTION WITH A THIRD-PARTY CLAIM, OR OTHERWISE, IN RELATION TO YOUR USE OF THE SITE, THE USER CONTENT YOU CONTRIBUTE OR LINK TO, YOUR ACCESS TO THE SITE, OR YOUR VIOLATION OF EITHER THIS AGREEMENT OR THE RIGHTS OF ANY THIRD PARTY.
The Site may be controlled and operated by ExxonMobil from various offices in the United States or the European Union. ExxonMobil makes no representation that the Site as accessed or described is appropriate or available for use in other locations, and access to them from other countries where the contents are illegal or penalized is prohibited. Access to or use of the Site by persons or from countries who are sanctioned by the United States or the European Union is specifically prohibited. Those who access the Site do so on their own and are responsible for compliance with all applicable United States, European Union and local laws. You may not export or re-export the Site, information, or materials accessed on or described in the Site except in full compliance with all United States and European Union laws and regulations. In particular, you may not export or re-export into (or to a national or resident of) any country to which the United States or European Union embargoes or sanctions goods, services, or technology, to any person or entity on the United States Treasury Department's List of Specially Designated Nationals, the United States Bureau of Export Administration Entity List, the United States Bureau of Export Administration Denied Persons List, the United States Commerce Department's Table of Denial Orders, and any European Union and European Union member state restrictive measures or sanctions. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export, or use the Site.
Any information that ExxonMobil may collect from you during your use of the Site is subject to our Privacy Statement, which is a part of this Agreement. We encourage you to read and understand our Privacy Statement, which can be accessed here.
The Agreement is governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules, and the United States of America. Where federal jurisdiction exists over any action, suit or proceeding arising out of or in any way connected with this Agreement, you and ExxonMobil designate the United States District Court for the Southern District of Texas, Houston Division, for the exclusive resolution of that dispute and submit to the jurisdiction of that court. Where federal jurisdiction does not exist over that action, suit or proceeding, you and ExxonMobil designate the District Court for Harris County, Texas, for the exclusive resolution of that dispute and submit to the jurisdiction of that court.
This Agreement is the entire agreement between you and ExxonMobil. It supersedes and replaces any and all prior or contemporaneous agreements between you and ExxonMobil relating to your use of the Site (including, prior versions of this Agreement). The failure of ExxonMobil to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or enforceable by a court based upon any written decree, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. We can change this Agreement at any time, and your continued use of the Site after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Site.
IN THE EVENT THAT YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE FOR ANY PURPOSE.
If you have any questions or concerns about the Site you may contact us via the following link: