Legal
IMPORTANT! READ THIS ENTIRE
AGREEMENT CAREFULLY
Exxon Mobil Corporation has
numerous affiliates, many with names that include
ExxonMobil, Exxon, Esso and Mobil. For convenience and
simplicity in this Web site, 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 or
Company) provide this Web site and other related or
linked ExxonMobil sites (Site) and certain services,
interfaces and functionality on or via this Site (the
Services) to you subject to your agreement to comply
with the following terms of use (the General Terms).
Your use of this Site or the Services will constitute
your acceptance of the General Terms. Once accepted, the
General Terms will constitute a binding agreement
between ExxonMobil and you governing your use of the
Site or Services (the Agreement). If you are not willing
to abide by the General Terms, do not use this Site or
the Services.
1) Changes and Special Additional
Terms and Conditions
ExxonMobil may revise the
General Terms at any time without notice. You should
revisit this Site periodically to make sure you are
aware of the most recent General Terms because they will
be binding on you. Your use of the Site or Services
after such changes constitutes your agreement to such
changes.
You are advised to check each page you
visit on the Site. Some locations may have special
additional terms and conditions that apply to use of or
interaction with that location. These terms and
conditions may also be changed at any time without
notice. Your use of that location constitutes your
acceptance of those special additional terms and
conditions.
2) Use of the Site
A. Site
Security. You are prohibited from violating, or
attempting to violate, the security of the Site or
Services. Any such violations may result in criminal and
civil liabilities to you. We will investigate any
alleged violations, and, if a criminal violation is
suspected, we will cooperate with law enforcement
agencies in their investigations. Violations of the
security of the Site and Services include, without
limitation, the following:
·
Logging into
or attempting to log into a server or account that you
are not authorized to access;
·
Accessing
data or taking any action to obtain services not
intended for you or your use;
·
Attempting to
probe, scan, or test the vulnerability of any system,
subsystem or network;
·
Tampering,
hacking, modifying or otherwise corrupting or breaching
security or authentication measures without proper
authorization;
·
Transmitting
material that contains viruses, Trojan horses, worms,
time bombs, cancelbots or other computer programming
routines or engines with the intent or effect of
damaging, destroying, disrupting or otherwise impairing
a computer's functionality or the operation of the Site
or Services;
·
Interfering
with, intercepting or expropriating any system, data or
information; or
·
Interfering
with service to any user, host, or network including,
without limitation, by means of overloading, "flooding,"
"mailbombing," or "crashing" any computer
system.
B. "Spam" and Similar Actions.
You are prohibited from transmitting the same or similar
unsolicited e-mail messages, bulk commercial
advertising, or chain letters to one or more e-mail
groups (which are two or more e-mail addresses
aggregated as a single e-mail addressee).
C.
Infringement. You are prohibited from using the Site or
Services to infringe on any person's copyright,
trademark, patent or other intellectual property rights.
We may terminate your right to access the Site and
Services if we believe you are using the Site and
Services in a manner that infringes the copyright,
trademark, patent or other intellectual property rights
of another. You may be ordered by a court to pay money
damages to us and to the rightful owner of any
intellectual property rights you violate.
D.
Other Prohibited Actions. In using the Site or Services,
you must not:
·
Post, e-mail,
or otherwise transmit or use the Site or Services in
furtherance of any unlawful, harmful, harassing,
defamatory, threatening, vulgar, sexually explicit,
hateful or otherwise objectionable material of any kind,
any material that exploits children or is invasive of
another person's privacy or other rights, or any
material that ExxonMobil in its sole discretion does not
wish posted or transmitted on the Site and Services;
·
Continue to
send e-mail to a recipient who has indicated that he/she
does not wish to receive a communication from you;
·
Engage in
and/or encourage conduct that would: 1) violate any
applicable law or regulation or 2) give rise to civil
liability;
·
Engage in
conduct which could damage or impair the intended
operability of the Site or the Services.
·
Impersonate
any individual or entity, falsely state or otherwise
misrepresent your identity or affiliation in any way, or
forge, delete or alter any part of TCP/IP packet header
information in any e-mail or other posting;
·
Engage in
deceptive online marketing; or
·
Assist or
permit any persons in engaging in any of the activities
described above.
E. Your Content. You must
exercise caution, good sense and proper judgment in
using the Site and Services. You are responsible for any
material you place on or transmit to or through the Site
or Services. You agree, represent and warrant that any
information you post to or transmit through the Site or
Services is truthful, accurate, not misleading and
offered in good faith, and that you have the right to
post or transmit such information. Such information
(including without limitation, data, text, software,
music, sound, photographs, graphics, video, messages or
any other materials whatsoever), whether publicly posted
or privately transmitted, is your sole
responsibility.
F. You agree that use of any
information obtained via the Site or Services is at your
own risk.
G. Consequences of Unacceptable Use. We
reserve the right (but not the obligation) in our sole
discretion to refuse or delete any of your content as
well as suspend or terminate without notice your access
to the Site and Services upon a violation or attempted
violation of this Agreement. Indirect or attempted
violations of this Agreement, and actual or attempted
violations by a third party acting on your behalf, shall
be deemed violations by you of this Agreement.
Furthermore, it is a violation of this Agreement to use
the services of another company for the purpose of
facilitating any of the activities which violate this
Agreement if such use of another company's service could
reasonably be expected to adversely affect the Site and
Services any manner.
H. No Licensing. By your use
of the Site or the Services you receive no license,
express or implied, under any patent rights or trade
secret rights now or hereafter, owned, controlled or
possessed by ExxonMobil.
I. Linking. You may not
link to this site without prior written permission from
ExxonMobil. You may download and print one copy of
content on this Site for your personal non-commercial
use, or in connection with your purchase of any
ExxonMobil products, provided that you leave any
copyright or trademark information intact and unchanged.
Other than as specifically set out in this paragraph you
may not copy (whether by printing off onto paper,
storing on disk, placing on another site, downloading in
any other way), distribute (including distributing
copies), broadcast, alter or tamper with in any way any
portion of this Site.
3) Trademark and
Copyright
ESSO, EXXON, EXXONMOBIL, MOBIL, and
certain other brands, trademarks and services marks are
marks of ExxonMobil and its affiliates. Not all marks of
ExxonMobil will appear on this Site and not all products
or services listed on this Site are available for sale
in every country. Some products or services may be
marketed under local trademarks in specific countries.
Marks of third parties may appear on this Site when
referring to those entities or their products or
services.
The user may forward,
distribute, and/or photocopy copyrighted materials of
ExxonMobil located on this Site only if the entire
relevant page or document is unaltered and complete,
including all of their headers, footers, disclaimers,
and other information. You may not copy these documents
to a Web site.
4) Privacy Statement
Exxon
Mobil Corporation and its affiliated companies,
("ExxonMobil") appreciate your interest in this Web site
and other related or linked ExxonMobil sites (Site).
Your privacy is important and we want you to understand
our practices with respect to gathering information from
visitors to the Site and with respect to the uses we
make of that information. Please check each portion or
page of the Site that you visit. Certain portions or
pages of the Site may contain changes to the Privacy
Statement applicable to your use of that portion or
page, for example, certain applications may request
additional information from you.
Information and
Uses
When someone visits the Site, our web
servers automatically gather information that allows the
site to communicate with the visitor's computer during
the visit. We also track such information as the number
of visits to the site, which parts of the site visitors
select, IP address (the Internet address assigned to
your computer from your Internet Service Provider),
domain type, browser type (e.g., Netscape or Internet
Explorer), date and time of day. We use those types of
information for statistical purposes that help us design
and administer the Site. Those types of information do
not disclose Personal Information that would permit us
to identify or locate individual
visitors.
Privacy concerns focus on Personal
Information, that is, information that could identify a
specific individual such as names, addresses, e-mail
addresses, and telephone numbers. If during your visit
you personalize the Site, complete an order form, enter
a contest, or submit other information to us, you may
provide us with Personal Information. We may collect and
use that Personal Information to provide you with
products or services, to bill you for products and
services you request, to market products and services
which we think may be of interest to you, or to
communicate with you for other purposes.
As
explained below in the section on Dissemination of
Information to Third Parties, we do not distribute or
sell Personal Information to third parties for the
purpose of allowing them to market their products and
services to you; moreover, as explained in the Opt
Out/Modify Information section, we will undertake to
remove your Personal Information from our database
within a reasonable time in such a way that you will not
receive future communications from us. If you notify us
that Personal Information previously submitted to our
site is no longer accurate, we will make appropriate
corrections.
Information Placed on Your
Computer
We may store some information
(commonly known as a "cookie") on your computer when you
look at or use the Site. This information facilitates
customizing your use of the Site and ensures that you do
not need to re-enter your details every time you visit
it. You can erase or block this information from your
computer if you want to. (Your 'help' screen or user
manual should tell you how to do this.)
Information From
Children
The Site contains information
that may be of special interest to children, but
ExxonMobil does not seek through the Site to gather
Personal Information from or about persons under the age
of 17.
Hyperlinks
This site
has links to sites that ExxonMobil does not own, control
or maintain. We cannot be responsible for their privacy
policies and practices and we make no representations or
warranties about the privacy practices of those sites.
Similarly, we cannot be responsible for the policies and
practices of any site from which you linked to our Web
site. We recommend that you check the privacy policy of
other sites and contact the operator if you have
concerns or questions.
Dissemination of Information to Third
Parties
Communicating via the Internet and
sending information, products, and services to you by
other means necessarily involves your Personal
Information passing through or being handled by
third-parties, but ExxonMobil does not sell or
distribute your Personal Information to third parties
for purposes of allowing them to market their products
and services to you.
We employ other companies
and individuals to perform functions on our behalf.
Examples include fulfilling orders, deliveries, sending
postal mail and e-mail, removing repetitive information
from customer lists, analyzing data, providing marketing
assistance, processing credit card payments and
providing customer service. They have access to Personal
Information needed to perform their functions, but may
not use it for other purposes.
Personal data
collected by ExxonMobil may be transferred among its
various divisions and affiliated companies, around the
world which may involve transfer from countries within
the European Economic Area to countries outside the
E.E.A. By submitting data on the Site, the visitor is
providing explicit consent to these transfers, including
transborder transmission of data covered by this Privacy
Statement.
Sensitive
Information
ExxonMobil does not seek any
sensitive information from visitors to our Site, unless
legally required to do so, for example, in connection
with recruiting or hiring. Sensitive information
includes a number of types of data relating to: race or
ethnic origin, political opinions, religious or other
similar beliefs, trade union membership, physical or
mental health, sexual life or criminal record. We
suggest that you do not provide sensitive information of
this nature. However, if you do provide such
information, ExxonMobil accepts your explicit consent to
use that data in the ways described in this Privacy
Statement or in the ways described at the point where
such information is disclosed.
Opt Out/Modify
Information
You can request the removal of
your Personal Information from our database so you will
not receive future communications by sending a letter or
e-mail to our Customer Relations at the addresses listed
below under Contacting ExxonMobil Customer Relations.
You can also modify your Personal Information that we
have previously gathered by sending such a letter or
e-mail.
Conditions of Use, Notices and
Revisions
If you choose to visit our Site,
your visit and any dispute over privacy is subject to
this Privacy Statement and our General Terms of Use,
including any limitations on damages, arbitration of
disputes and application of law provisions. We reserve
the right to change this statement at any time without
notice.
Contacting ExxonMobil Customer
Relations
If you have any questions about
this Privacy Statement, the practices of this site, or
your dealings with this site, please
contact:
Exxon Mobil Corporation
Attn:
Customer Relations
P. O. Box 1537
Exton, PA
19341-2556
5) No Warranty
This Site and
Services are provided "As Is" and without warranties of
any kind, whether express or implied, to the fullest
extent permissible pursuant to applicable law,
ExxonMobil disclaims all warranties, express or implied,
including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and
non-infringement. ExxonMobil does not represent or
warrant that the functions or Services contained in the
Site will be uninterrupted or error-free, that defects
will be corrected, or that this Site or the server that
makes the Site available are free of viruses or other
harmful components. ExxonMobil does not make any
warranties or representations regarding the use of
contents of this Site or Services in terms of their
correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some jurisdictions do not
allow exclusion of implied warranties, so the above
limitations and exclusions may not apply to you.
6) Limitation of Liability
ExxonMobil
shall not be liable to you or any other party for any
compensatory, punitive, special or consequential damages
that result from the use of, or the inability to use,
the Site, the Services or the contents on this Site or
the performance of the Site, Services or products
described on this Site, even if ExxonMobil has been
advised of the possibility of such damages. Applicable
law may not allow the limitation or exclusion of
liability or incidental or consequential damages, so the
above limitation or exclusion may not apply to
you.
If you are dissatisfied with any portion of
the Site or the Services or with any of these terms,
your sole and exclusive remedy is to discontinue using
the Site and the Services.
7) Non-Confidentiality
of User Materials
You are not to transmit any
material to or through this Site that you consider to be
confidential or proprietary. Any material which you
transmit to or through this Site will be considered
non-confidential and non-proprietary. Except as
expressly provided in ExxonMobil's Privacy Statement or
separate written agreement between you and ExxonMobil,
you give ExxonMobil an unrestricted, irrevocable,
worldwide, royalty-free license to use, reproduce,
display, publicly perform, transmit and distribute such
information. You further agree that ExxonMobil has the
right to use, without any payment or accounting to you
or others, any concepts, know-how or ideas which you
(and those who act on your behalf) transmit to or
through the Site.
8) Use of Third Party Web
sites
As a convenience, ExxonMobil may provide
links to Web sites operated by third parties. If you
decide to access a third party's Web site through a link
provided by this Site, you do this at your sole risk.
ExxonMobil is not responsible for any viruses or other
damaging elements encountered in linking to a third
party Web site. ExxonMobil makes no warranty or
representation regarding and if not responsible for the
linked Web sites or the content of such Web
sites.
9) User Communications Areas
The
Site may contain areas where users communicate with each
other, including but not limited to bulletin boards,
calendars, chat areas, or personal web pages.
ExxonMobil has the right but not the obligation
to monitor or review any part of the Site or the
Services including the user communication areas.
However, ExxonMobil shall have no liability related to
the content of any communications made in these
areas.
10) Disclosure; Forward-Looking
Statements
Some of the information on this Site
may contain projections or other forward-looking
statements regarding future events or the future
financial performance of the Company. We wish to caution
you that these statements are only predictions and that
actual events or results may differ materially. We refer
you to the documents the Company files from time to time
with the Securities and Exchange Commission,
specifically, the Company's most recent Form 10-K, Form
10-Q, and Form 10-Q/A. These documents contain and
identify important factors that could cause the actual
results to differ materially from those contained in our
projections or forward-looking statements, including,
among others, potential fluctuations in quarterly
results, dependence on new product development; rapid
technological and market change, acquisition strategy,
manufacturing risks, risks associated with Internet
infrastructure, volatility of stock price, financial
risk management, and future growth subject to
risks.
11) Global Availability/Export
Controls
Portions of this Site and Services may
be controlled and operated by ExxonMobil from various
offices in the United States. ExxonMobil makes no
representation that the Site, Services or materials
accessed or described on the Site are appropriate or
available for use in other locations, and access to them
from other countries where there contents are illegal or
penalized is prohibited. Access to or use of the Site,
Services or materials accessed on or described on the
Site by persons or from countries who are sanctioned by
the United States is specifically
prohibited.
Those who access the Sites or
Services so do on their own and are responsible for
compliance with all applicable US and local laws. You
may not export or re-export any Services, information or
materials accessed on or described on this Site except
in full compliance with all United States 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 embargoes or
sanctions goods, services or technology, to any person
or entity on the U.S. Treasury Department's List of
Specially Designated Nationals, the U.S. Bureau of
Export Administration Entity List, the U.S. Bureau of
Export Administration Denied Persons List or the U.S.
Commerce Department's Table of Denial Orders. 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, Services,
information, or materials accessed or described on the
Site.
12) Indemnity of Company
You agree
to indemnify, hold harmless, and defend Exxon Mobil
Corporation (including subsidiaries and affiliates of
Exxon Mobil Corporation, hereinafter "ExxonMobil") as
well as ExxonMobil officers, directors and employees,
from and against any claim, demand, cause of action,
debt, loss or liability, including reasonable attorneys'
fees, to the extent that such action is based upon,
arises out of, or relates to your violation, or
violation by any other person using your password or
account of the terms and conditions of this
Agreement.
13) Applicable Law and Dispute
Resolution
This Agreement shall be governed by
the internal substantive laws of the Commonwealth of
Virginia, USA (without giving effect to its principles
of conflict of laws). 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 Eastern District of Virginia, Alexandria
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
Circuit Court for the County of Fairfax, Virginia, for
the exclusive resolution of that dispute and submit to
the jurisdiction of that court.
14) Special Note
for Parents
Portions of this Site and Services
may be of special interest to children but ExxonMobil
does not seek through this Site to gather personal
information from persons under the age of 17.
15)
How to Contact Us
If you have any questions or
concerns about the online statement for this Site or its
implementation you may contact us at:
Exxon
Mobil Corporation
Attn: Customer Relations
P. O.
Box 1537
Exton, PA 19341-2556
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