Exxon Mobil Corporation
Last Updated: September 20, 2016.
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 website, 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.
1) Changes and Special Additional Terms and Conditions
ExxonMobil may revise the General Terms at any time without notice. You should revisit the 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 after such changes constitutes your agreement to such changes.
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. 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 include, without limitation, the following:
Logging into or attempting to log into a server or account that you are not authorized to access;
- Sharing your password with others;
- 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;
- Using bots;
- 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. Infringement. You are prohibited from using the Site to infringe on ExxonMobil’s or any person's or other entity’s copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Site if we believe you are using the Site in a manner that infringes the copyright, trademark, patent or other intellectual property rights of ExxonMobil or 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.
C. Other Prohibited Actions. In using the Site or Services, you must not:
- Post, email, link, or otherwise transmit or use the Site or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, indecent, 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;
- Post, email, or otherwise transmit images, software, text, or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
- 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;
- Engage in marketing or promotion of goods or services; or
- Assist or permit any persons in engaging in any of the activities described above.
D. Your Content. You must exercise caution, good sense and proper judgment in using the Site. You are responsible for any material you place on or transmit to or through the Site. You agree, represent and warrant that any information you post to or transmit through the Site 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.
E. Our Communications in the Site. You acknowledge and agree that no information or communications submitted or received through the Site will be construed as (i) requiring ExxonMobil to finalize any transaction or agreement, (ii) creating any commitment, obligation, or duty on the part of ExxonMobil, or (iii) creating a partnership, joint venture, or relationship of trust or agency between You and ExxonMobil.
F. 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 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 in any manner.
G. No IP Licensing. Although the Site provides guidance and materials in connection with ExxonMobil’s branding, neither this Agreement nor your use of the Site grants you a license, express or implied, under any copyright, trademark, patent rights or trade secret rights now or hereafter, owned, controlled or possessed by ExxonMobil. You must obtain a separate written agreement from us to use our proprietary marks and materials.
H. No Framing. You may not frame the Site or use our proprietary marks as meta tags. You may not use frames or utilize techniques or technology to enclose any content included on the 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 the Site and not all products or services listed on the 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 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.
The material contained in the Site is protected by copyright. No material from the Site may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted or distributed except as expressly permitted by these General Terms or your separate written agreement with ExxonMobil. Use of the materials in any other way or for any purpose other than for your work on projects related to ExxonMobil is a violation of ExxonMobil’s copyright and other proprietary rights. Permission for all other uses of materials must be obtained from ExxonMobil in advance 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.
4) Privacy Statement
5) No Warranty
The Site is 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 Site will be uninterrupted or error -free, that defects will be corrected, or that the Site is free of viruses or other malware or harmful components. ExxonMobil does not make any warranties or representations regarding the use of contents of the Site 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
You assume full responsibility for your use of the Site. Any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized parties. Your use of the Site is at your own risk; accordingly, to the fullest extent permitted by applicable law, ExxonMobil shall not be liable to you or any other party for any direct, indirect, compensatory, punitive, special or consequential damages that result from the use of the Site, or the inability to use the Site, or the contents on the Site, whether based on contract, tort, strict liability or otherwise, even if ExxonMobil has been advised of the possibility of such damages. You specifically acknowledge and agree that ExxonMobil is not liable for any defamatory, offensive, or illegal conduct of any user of the Site. 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 with any of these terms, your sole and exclusive remedy is to discontinue using the Site.
You acknowledge and agree that you are personally responsible for your access and use of the Site, including Third Party Materials. 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 your breach of the Agreement or with a third party claim, or otherwise in relation to your access or use of the Site, including Third Party Materials.
The Site and its contents are Confidential Information of ExxonMobil. “Confidential Information” means and includes any of ExxonMobil’s commercial, business, financial, technical or other information of a confidential or proprietary nature including but not limited trade secrets, formulae, processes, methodologies, ideas, know-how, inventions, specifications, designs, market research, business plans, and agreements of ExxonMobil in tangible or electronic form, whether communicated orally or in writing or otherwise, and irrespective of whether such information is identified as confidential at the time of disclosure. You agree to hold any information received under or in connection with the Site in strict confidence and safeguard such information from disclosure to any third parties and from unauthorized reproduction and use.
Any material which you transmit to or through the Site will be considered non-confidential and non-proprietary. Except as expressly provided in the Privacy Statement (Section 3) 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 in any media. 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 and Services.
9) Links to Third Party Components, Sites, and Applications
ExxonMobil may provide links to sites, applications, and software components owned or operated by third parties (“Third Party Materials”). Following the links may take you to Third Party Materials, which ExxonMobil does not own, control, or maintain. If you decide to access Third Party Materials through a link provided by the Site, you do this at your sole risk. ExxonMobil is not responsible for any viruses or other malware or damaging elements encountered in Third Party Materials. ExxonMobil does not control Third Party Material, and makes no warranty or representation regarding, and is not responsible for, any Third Party material, its content, or its functionality. Inclusion of Third Party Material is not an endorsement of its content or functionality. Different terms and conditions may apply to your use of such Third Party Material and you are advised to review such terms and conditions prior to usage. For the avoidance of doubt, by using the Site, you expressly relieve ExxonMobil from any and all liability arising from your access or use of any Third Party Material and agree to indemnify, defend, and hold harmless ExxonMobil from any claims arising from your access or use of Third Party Material.
The providers of such Third Party Material may have privacy policies and practices that are different from our Privacy Statement. You are advised to check the privacy policies and practices of such providers and contact such provider if you have any concerns or questions.
10) Communications Areas
The Site may contain areas where users communicate with each other, including but not limited to blogs, 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.
11) Global Availability/Export Controls
Portions of the 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 the 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) Applicable Law and Dispute Resolution
This Agreement shall be governed by the laws of the State of Texas, without giving effect to its principles of conflict of laws, 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.