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GENERAL TERMS OF USE 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, cancel bots 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," "mail bombing," 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, other
than to the home page, 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.
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.
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