| Terms & Conditions
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Exxon Mobil Corporation
Effective Date of Privacy Statement: December 21, 2001
Last Updated: November 1, 2004.
GENERAL TERMS OF USE
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 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 make
a reasonable effort to remove your Personal Information from our database 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 a reasonable effort to make appropriate
corrections. To facilitate our efforts, it would be helpful if you could let
us know the context in which you provided Personal Information, e.g in
connection with promotion of a specific product or service.
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 or modification of your Personal Information by
sending an e-mail to the appropriate area under "Contact Us". We will then
make a reasonable effort to accommodate your request. As previously noted, it
would be helpful to let us know the context in which you provided Personal
Information.
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 the content of this Privacy Statement, please
contact ExxonMobil's Global Privacy Office at the following address:
ExxonMobil Global Services Company
Attn: Global Privacy Office
Esso Petroleum Company Limited
Mail Point 6
Ermyn Way
Leatherhead
Surrey
UK
KT22 8UX
If you have any questions about the practices of this site or your dealings
with this site, please contact:
Exxon Mobil Corporation
Attention: Customer Relations
Box 1049
Buffalo, New York
14240-1049
E-mail
When we make material changes to this Privacy Statement, we will post the
changes on this page and update the revision date at the top of the Privacy
Statement. We encourage you to visit our Privacy Statement regularly for
updates.
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
Box 1049
Buffalo, New York
14240-1049
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