ExxonMobil Terms & Conditions - ExxonMobil Retiree Online
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1. 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 dam2. 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 l 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 availa
3. 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 e Logging into or attempting to log into a server or account that you are not authorized to access e Accessing data or taking any action to obtain services not intended for you or your use e Attempting to probe scan or test the vulnerability of any system subsystem or network e Tampering hacking modifying or otherwise corrupting or breaching security or authentication measures without proper authorization e 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 e Interfering with intercepting or expropriating any system data or information or e 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
4. 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 e 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 e Continue to send e mail to a recipient who has indicated that he she does not wish to receive a communication from you e Engage in and or encourage conduct that would 1 violate any applicable law or regulation or 2 give rise to civil liability e Engage in conduct which could damage or impair the intended operability of the Site or the Services e Impersonate any individual or entity falsely state or othe
5. 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 Exx
6. ages 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 lin
7. ancial 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 complyi
8. ble 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 Visit http www2 exxonmobil com Siteflow Brands AZ_Brand_Page asp for a listing of brands that may appear on this Site 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 dur
9. g 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 p
10. ing 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 Pe
11. ked 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 fin
12. ng 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 res
13. olitical 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 Box 1049 Buffalo New York 14240 1049 5 No Warranty
14. olution 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
15. onMobil 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
16. rsonal 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 Communicatin
17. rwise 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 e Engage in deceptive online marketing or e 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
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