Speedpass+™ App: terms and conditions and legal notices
For users who have created their Speedpass+ account before January 20, 2020 please click here to view the current Speedpass+ App: terms and conditions and legal notices that apply to you until February 28, 2020.
The following Speedpass+ App: terms and conditions and legal notices are effective February 29, 2020 for those users who have created their Speedpass+ account before January 20, 2020 and are effective immediately for those who create their SP+ account on or after January 20, 2020.
Agreement Date and Version:
DATE OF LAST REVISION: February 29, 2020 (January 20, 2020 for those who create their SP+ account on or after January 20, 2020).
AGREEMENT VERSION NO.: 2.4
A copy of this agreement is available at: https://www.esso.ca/en/speedpassplus-terms-conditions
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, Imperial Oil, Imperial Oil Limited and Mobil. For convenience and simplicity in this material, 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-venture, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS. BY USING THE Speedpass+ App, YOU EXPRESSLY AGREE TO EACH OF THE TERMS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH HEREIN OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION SET FORTH HEREIN, DO NOT USE THE Speedpass+ App. BY USING THE Speedpass+ App, YOU HEREBY AGREE AND REPRESENT AS FOLLOWS:
1.1 I Understand that ExxonMobil May Change this Agreement.
This clause is inapplicable for Quebec users residing in the Province of Quebec. ExxonMobil reserves the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time and without any further notice to you. It is your responsibility to regularly check for changes to this Agreement and to review such changes. Any new features or updated content or applications that we make available as a part of the Speedpass+ App will be subject to this agreement. Accordingly, you understand that we may update this Agreement from time to time without giving you any notice. If we do this, we will post the new, modified version of this Agreement to https://www.esso.ca/en/speedpassplus-terms-conditions. Your continued access or use of the Speedpass+ App after any such changes constitutes your acceptance of the new Agreement. Your written approval is not a prerequisite to the validity or enforceability of this Agreement, and no solicitation of such written approval by or on behalf of ExxonMobil shall be construed as an inference to the contrary. In some cases, however, you may be asked to agree to revised terms when accessing the Speedpass+ App and if you do not agree to the revised terms you will not be allowed to use the Speedpass+ App.
1.2 With respect to users residing in the Province of Quebec, ExxonMobil may amend this Agreement regarding:
- ownership of the app;
- adhesion, registration and participation in the app;
- use of the app;
- term and termination rights;
- availability of the app;
- communication with users;
- obligations and liabilities for the user and ExxonMobil;
- promotions and loyalty programs;
- dispute resolution process;
- management of personal information.
Before making an amendment, ExxonMobil will provide clear and legible notice by digital communication (e.g. in app notification or email) to the users in Quebec, at least 30 days before the amendment comes into force, setting out the new clause only, or the amended clause and the clause as it read formerly, and the date of the coming into force of the amendment. In addition, ExxonMobil will inform the user of its rights to refuse the amendment and discontinue your use of the Speedpass+ App without cost, penalty or cancellation indemnity by sending ExxonMobil a notice to that effect no later than 30 days after the amendment comes into force if the amendment entails an increase in the user’s obligations or a reduction in ExxonMobil’s obligations.
2. I Understand that this Agreement is Effective Until Terminated.
This Agreement is effective until terminated. You may terminate this Agreement for any reason by uninstalling the Speedpass+ App. Your rights under this Agreement will terminate automatically without notice from ExxonMobil, if you fail to comply with any of the terms, conditions, or guidelines of this Agreement. Upon the termination of this Agreement, you shall cease all use of the Speedpass+ App. In the event that your rights to use the Speedpass+ App are terminated, you may immediately lose access to any information that may be on ExxonMobil’s systems. We can terminate your access to the Speedpass+ App at any time. We may also remove any User Content (as defined below) that you post without cause and without notice to you.
3. I Understand that ExxonMobil May Change the Speedpass+ App.
The Speedpass+ App currently is made available to you free of charge only for personal, non-commercial, non-exclusive use. ExxonMobil reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify, suspend, terminate, withdraw, or discontinue all or any part of the Speedpass+ App without compensation to you, including, but not limited to (i) restricting the time all or any part of the Speedpass+ App is available, (ii) restricting the amount of permitted use of all or any part of the Speedpass+ App, and (iii) restricting or terminating any user’s right to use all or any part of the Speedpass+ App, with or without notice; (b) charge fees in connection with the use all or any part of the Speedpass+ App; (c) charge fees for upgrades to the Speedpass+ App; (d) modify or waive any fees charged in connection with all or any part of the Speedpass+ App; or (e) offer opportunities to some or all users of all or any part of the Speedpass+ App. You agree that neither ExxonMobil nor any of our affiliates, shall be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the Speedpass+ App, in whole or in part, or of any service, content, or feature offered through the Speedpass+ App.
4. I Understand that the Speedpass+ App Belongs to ExxonMobil.
The Speedpass+ App (including, without limitation, any material, software, code, files, content, and images contained in or generated by the Speedpass+ App, accompanying data, and other embedded software, including third-party software (collectively, “ExxonMobil Content”)), Speedpass+ App updates and upgrades, and documentation and accompanying fonts (collectively, “ExxonMobil Documentation”) — whether in read-only memory, on any other media, or in any other form — are owned by ExxonMobil or its licensors and are protected by applicable law, including copyright, trademark, patent, and/or trade-secret law. Neither title nor any intellectual property rights are transferred to you, but rather remain with ExxonMobil, or the relevant third party, which owns full and complete title to the Speedpass+ App, ExxonMobil Content, Speedpass+ App updates and upgrades, and ExxonMobil Documentation. ExxonMobil reserves all rights not expressly granted to you, and except as provided in this Agreement, the rights granted herein are non-transferable and do not include any intellectual property rights.
In addition, ESSO, EXXON, EXXONMOBIL, MOBIL, SPEEDPASS, and certain other brands, trademarks, and services marks (collectively, “ExxonMobil Marks”) are marks of ExxonMobil and/or its affiliates. Not all marks of ExxonMobil will appear on the Speedpass+ App. Marks of third parties may appear on the Speedpass+ App when referring to those entities or their products or services. Third party marks displayed on the Speedpass+ App are owned by their respective owners.
ExxonMobil Content also is protected by copyright. No ExxonMobil Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, or distributed except as expressly permitted by this Agreement. Use of ExxonMobil Content in any other way or for any purpose other than as permitted in this Agreement is a violation of ExxonMobil’s copyrights and other proprietary rights. Permission for all other uses of ExxonMobil Content must be obtained from ExxonMobil in advance and 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.
YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE Speedpass+ App, EXXONMOBIL CONTENT, EXXONMOBIL DOCUMENTATION, EXXONMOBIL MARKS, OR ANY OTHER EXXONMOBIL PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT. ExxonMobil takes the protection of intellectual property rights, including copyrights, very seriously. ExxonMobil will terminate your access to, or use of, all or any part of the Speedpass+ App, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of ExxonMobil or others. FURTHER, EXXONMOBIL RESERVES ALL OTHER RIGHTS WITH RESPECT TO ITS INTELLECTUAL PROPERTY.
5. I Understand that I have Only a Limited Right to Use the Speedpass+ App as Provided in this Agreement.
Solely to enable your use of the Speedpass+ App for personal, non-commercial, non-exclusive purposes, subject to third-party terms (as described below) ExxonMobil hereby grants you a limited, revocable, non-sub-licensable license to use the Speedpass+ App as provided in this Agreement and to view and display ExxonMobil Content (other than ExxonMobil’s software source code), ExxonMobil Documentation, and User Content (as defined below) for your personal use, but only in connection with your use of the Speedpass+ App. This license entitles you to install the Speedpass+ App on your personal mobile device and to use the Speedpass+ App subject to this Agreement; however, you may not make the Speedpass+ App available over a network where it could be used on multiple devices at the same time. Further, this Agreement does not grant you any rights to use ExxonMobil’s proprietary interfaces and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with the Speedpass+ App. Any use of the Speedpass+ App in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the Speedpass+ App or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other content provided by the Speedpass+ App is prohibited. In addition, this Agreement does not entitle you to receive, and does not obligate ExxonMobil to provide, ExxonMobil Documentation, support, telephone assistance, or enhancements or updates to the Speedpass+ App.
Except for this limited, personal-use license, when you use the Speedpass+ App you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of ExxonMobil. Therefore, except as provided above, you may not copy, alter, modify, publish, broadcast, transmit, perform, distribute, display, use, create derivative works of, or sell the Speedpass+ App, ExxonMobil Content, User Content, or ExxonMobil Documentation.
6. I Understand that ExxonMobil May Collect Certain Information About Me When I Use the Speedpass+ App.
While using the Speedpass+ App, ExxonMobil may locate or record information including, but not limited to, your geographic location and exact positioning, your MAC address, the operating system of your device, the type of device you use, your device’s unique ID, the IP address of your device, the type of mobile Internet browsers you use, session start and stop times, your time zone, your network status, your International Mobile Equipment Identity, information about the way you use the Speedpass+ App, and any other information tied directly or indirectly to your device (“ Device Information”). Your use of the Speedpass+ App constitutes your consent to allow ExxonMobil to record and use your Device Information.
7. I Understand that My Credit Cards May Be Linked to My Speedpass+ App Account.
When creating your user account for the Speedpass+ App, you will be given an opportunity to input information for one or more of your credit cards or Esso and Mobil Gift Cards into the Speedpass+ App. You may select to link one or more of these stored credit cardsor Esso and Mobil Gift Cards to your Speedpass+ App user account. Upon making this selection, transactions made using the Speedpass+ App at participating Esso and Mobil service stations will be charged to your designated credit card or debited from your Esso and Mobil Gift Cards, as applicable. Activation of this feature on the Speedpass+ App constitutes your authorization of all purchases made from your mobile device using the Speedpass+ App.
The Speedpass+ App will not accept all credit cards. In addition, ExxonMobil reserves the right to change, from time to time, the credit cards which may be linked to your account through the Speedpass+ App. ExxonMobil further reserves the right to disable any credit cards already linked to your account, at any time and for any reason.
8. I Will Not Use the Speedpass+ App Unless I Agree to, and Follow, Each of These Rules:
A. User Accounts:
In order to use certain features of the Speedpass+ App, you are required to register by providing ExxonMobil with certain User Content, as requested by ExxonMobil, including your user name, email address, and a password you will use to access the Speedpass+ App. ExxonMobil reserves the right to refuse registration or cancel a user name or an account, in its sole discretion. Accordingly, you agree as follows:
1. I am over the age of 13.
2. If I am between the age of 13 and 18, I have obtained the prior approval of my parent or guardian before using the Speedpass+ App.
3. I will create only one account.
4. I will provide accurate, truthful, current, and complete information when creating my account.
5. I will not create an account for anyone other than myself without permission.
6. I will maintain and promptly update my account information when any of my account information changes.
7. I will maintain the security of my account by not sharing my account information with any other person.
8. I will protect the confidentiality of my password.
9. I will not share my password or let anyone else access my account.
10. I will not use another person’s account without permission.
11. I will not solicit account information from other users or access another user’s account.
12. I will not sell, gift, or trade my account to any other person, and such transfer shall be null and void.
13. I will take responsibility for all activities that occur under my account and for all User Content (defined below) (including, for example, photos, text, information, ratings, reviews, and links) posted using my account.
14. I will accept all risks of unauthorized access of my account.
15. I will immediately notify ExxonMobil in writing of any unauthorized use of my account of which I become aware.
16. I will contact my credit card company immediately if any unauthorized payments are made using the Speedpass+ App.
17. I understand that although ExxonMobil will not be liable for my losses caused by any unauthorized use of my account, I may be liable for the losses of ExxonMobil or others due to the unauthorized access and use of my account.
18. I understand and agree that I have no property rights or ownership interests in and to my account, and I understand that all rights to my account belong to ExxonMobil.
19. I understand that ExxonMobil may disable, suspend, or terminate my account at any time In its sole discretion and without any notice to me.
20. I understand that any violation of this Agreement may result in the termination of my ExxonMobil account.
21. If my account is disabled, suspended, or terminated by ExxonMobil, I will not create another one without ExxonMobil’s express permission.
B. Safe Use of the Speedpass+ App:
The safety of all Speedpass+ App users is important. In addition, ExxonMobil believes that all users and visitors benefit from basic rules regarding conduct while using the Speedpass+ App. Widespread use and enjoyment of the Speedpass+ App is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask that you follow a few basic rules of conduct when using the Speedpass+ App. Accordingly, you agree as follows:
1. I will use the Speedpass+ App only for personal, non-commercial purposes.
2. I will exercise caution, good sense, and proper judgment when using the Speedpass+ App.
3. I will not upload or post any nude, partially nude, or sexually suggestive photos or other material using the Speedpass+ App.
4. I will not harass, bully, abuse, threaten, or intimidate any other Speedpass+ App users.
5. I will not use the Speedpass+ App to harm minors in any way or to encourage interactions with minors of a sexual nature.
6. I will not interfere with others’ use of the Speedpass+ App or act in a way that negatively affects others’ enjoyment of the Speedpass+ App.
7. I will not use the Speedpass+ App to send unauthorized or unwanted communications to any other person (i.e., I will not “spam” other people).
8. I will not participate in any action that, in the sole and absolute opinion of ExxonMobil, results or may result in any authorized user of the Speedpass+ App being scammed or defrauded in any way in connection with such user’s use of the Speedpass+ App.
9. I will not use the Speedpass+ App to transmit viruses, worms, bots, Trojans, or other malicious code.
10. I will not do anything that could overburden, disable, or impair the appearance, functionality, or proper working of the Speedpass+ App or any software, hardware, equipment, or materials used in connection with the Speedpass+ App.
11. I will not use or exploit any errors in design, features that have not been documented, or “bugs” to gain access in any way that is not generally known and intentionally made available by ExxonMobil, and I will promptly report to ExxonMobil my discovery of any such errors, features, or bugs.
12. I will not hack the Speedpass+ App, spoof the Speedpass+ App, or modify any other software or website to imply falsely that the other software or website is associated with ExxonMobil or the Speedpass+ App.
13. I will not collect user account information or User Content (as defined below), or otherwise access the Speedpass+ App through an automated means (i.e., through bots, robots, spiders, scrapers, etc.).
14. I will not collect or store personal information about any other individual using the Speedpass+ App, or otherwise stalk, repeatedly contact, or harass other Speedpass+ App users.
15. I will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with ExxonMobil.
16. I will not adopt a false identity using the Speedpass+ App.
17. I will not manipulate the Speedpass+ App so as to hide my identity or my use of the Speedpass+ App.
18. I will not violate any laws (including but not limited to copyright laws) in my use of the Speedpass+ App, and I will not use the Speedpass+ App to do anything unlawful, misleading, discriminatory, or malicious. If I am an international user, I agree to comply with all local laws regarding online conduct and acceptable online content.
19. I will not encourage or facilitate any violations of this Agreement.
We reserve the right (but not the obligation) in our sole discretion to refuse, delete, suspend, or terminate—without notice—your access to or use of the Speedpass+ App upon a violation or attempted violation of this Agreement, including, without limitation, any of the rules listed above. 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 that violate this Agreement if such use of another company’s service could reasonably be expected to adversely affect the Speedpass+ App in any manner.
C. Posting User Content:
The Speedpass+ App may allow you to enter, post, submit, or link to certain content (including, for example, text, data, software, photographs, images, graphics, files, videos, audio, sound, music, messages, materials, works of authorship, etc.) and provide certain comments, ratings, and reviews for others to see (collectively, “User Content”). ExxonMobil does not claim any ownership rights in any User Content that you enter, post, submit, provide, or link to on or through the Speedpass+ App. By entering, posting, submitting, providing, or linking to User Content on or through the Speedpass+ App, however, you grant ExxonMobil and ExxonMobil hereby accepts a worldwide, perpetual, irrevocable, non-exclusive, transferable, sub-licensable, fully paid-up, and royalty-free license to use, sell, reproduce, create derivative works from, combine with other works, alter, modify, delete from, add to, translate, distribute copies, display, perform, and publish the User Content and your name in connection with such use of your User Content in any and all media and in any manner, in whole or in part, without any restriction or responsibilities to you. In addition, by entering, posting, submitting, providing, or linking to User Content, you hereby release ExxonMobil from any claims that such use, as authorized above, violates any rights which you may have under applicable law, and you understand that you will not be entitled to any compensation for any use of your User Content. Further, by entering, posting, submitting, providing, or linking to User Content, you hereby represent, warrant, and agree as follows:
1. I own and control all of the rights to the User Content or otherwise have (a) the legal rights to enter, post, submit, provide, or link to the User Content using the Speedpass+ App and (b) the right to grant ExxonMobil the license specified in this Agreement.
2. The User Content that I enter, post, submit, provide, or link to does not, and will not, result in a breach of contract between me and any other person.
3. I will pay all royalties, fees, and any other monies owing to any person due to any of the User Content that I enter, post, submit, provide, or link to using the Speedpass+ App.
4. None of the User Content is subject to confidentiality obligations.
5. The User Content that I enter, post, submit, provide, or link to does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person.
6. The User Content is truthful, accurate, not misleading, and offered in good faith.
7. I am solely responsible for all of the User Content that I enter, post, submit, provide, link to, or otherwise make available in any way by or through the Speedpass+ App.
8. I will not post another person’s sensitive identification documents, financial information, or other personal data without that person’s permission.
9. I will not enter, post, submit, provide, or link to User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual, or any other grounds, is harmful, vulgar, or distasteful, or is defamatory, libelous, or invades another person’s privacy.
10. I will not use ExxonMobil’s intellectual property (including, for example, ESSO, EXXON, EXXONMOBIL, MOBIL, SPEEDPASS, and certain other brands, trademarks, and services marks that are the property of ExxonMobil) without ExxonMobil’s permission.
11. I understand that ExxonMobil can, in its sole discretion, monitor User Content that I and other users enter, post, submit, provide, or link to using the Speedpass+ App.
12. I understand that ExxonMobil can, without notice and in its sole discretion, remove any User Content that we believe is obscene, offensive, libelous, defamatory, or violates the law or any of the terms and conditions of this Agreement. In addition, I understand that ExxonMobil can, in its sole discretion, remove any User Conduct if we believe that doing so will improve the Speedpass+ App.
13. I understand that ExxonMobil reserves the right to force forfeiture the username of any account that becomes inactive or any username that violates the trademark or other intellectual property rights of any other person.
14. I understand that ExxonMobil can suspend or terminate my use of the Speedpass+ App if I fail to follow the rules in this Agreement.
NOTICE: ExxonMobil has no obligation to respond to any of your User Content. In addition, ExxonMobil is not responsible for any User Content, including, for the truth, completeness, objectivity, or usefulness of such User Content. ExxonMobil does not endorse any User Content, has not verified the identity of persons using the Speedpass+ App, and does not screen, monitor, edit, or review User Content before it becomes accessible on or through the Speedpass+ App. Accordingly, you may be exposed to content from other users that is offensive or objectionable.
D. Mobile Device Data Services:
The Speedpass+ App requires use of the internet to operate correctly, thus the quality and availability of the Speedpass+ App may be affected by factors beyond ExxonMobil’s control. ExxonMobil does not accept responsibility for unavailability of the Speedpass+ App. Further, the terms of your agreement with your respective mobile network provider apply when using the Speedpass+ App. You may be charged by your mobile provider for access to network connection services for the duration of the connection while accessing the Speedpass+ App. All such charges are your responsibility. Further, you agree that your use of the Speedpass+ App is not contrary to any terms or conditions of coverage extended to you by your respective mobile network provider.
E. Games and Loyalty Programs:
The Speedpass+ App may offer, from time to time, access to various games and loyalty programs provided by ExxonMobil and/or other third parties. ExxonMobil and other third parties (as outlined below), may collect, use, store, transmit, and publicly display statistical data regarding the game play (including scores, rankings and achievements), identify content that is created and shared by you with other players, or your loyalty program activity. Your use of any games or loyalty programs provided by the Speedpass+ App constitutes your acceptance of these terms and any terms applicable to such games or loyalty programs.
In addition, ExxonMobil may make available (through the Speedpass+ App) links through in-game advertisements or otherwise enable you to access third-party games, apps, sites, or software. Please note that, while using such games, apps, sites, or software, you are using sites or games developed and administered by third parties not affiliated with or controlled by ExxonMobil. ExxonMobil is not responsible for the actions of such third parties, the content of their games, apps or sites, the use of information you provide to them, or any products or services they may offer. The Speedpass+ App’s link to those sites does not constitute ExxonMobil’s sponsorship of, or affiliation with, such third parties. Your use of or correspondence with, or participation in promotions of such third parties and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties.
9. I Understand that the Speedpass+ App Contains Third-Party Software Components that are Governed by Additional Terms.
For the avoidance of doubt, by using the Google Maps features you affirmatively accept and consent to: (1) all of the above Google terms, (2) ExxonMobil’s use and incorporation of Google Maps into the Speedpass+ App, and (3) ExxonMobil’s acceptance of the Google terms outlined herein and elsewhere.
If at any point in time you decide you do not wish to consent to any of the above Google terms, you must uninstall the Speedpass+ App immediately. There is no other way to revoke or opt out of the Google Maps functionality and its associated terms, restrictions, and data privacy implications.
ExxonMobil may also be using other third party applications and software in the Speedpass+ App, including, but not limited to, market analytics software, market intelligence software, and loyalty program software, all of which may gather and report information about you in connection with your use of the Speedpass+ App (such as Device Information and User Content). It is your responsibility to ensure that you comply with any related third party terms and that you are aware of any third party privacy policies that may apply to you, in conjunction with this Agreement.
10. I Also Agree to the Following General Terms and Conditions:
A. Terms Specific to Apple-Embedded Applications:
In addition to the other provisions of this Agreement, the following terms and conditions apply to software applications made available by ExxonMobil that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”) (each, an “ Apple-Enabled Application”):
1. You and ExxonMobil acknowledge that this Agreement is concluded between You and ExxonMobil, and not with Apple, and ExxonMobil, not Apple, is solely responsible for the Apple-Enabled Application and the content thereof.
2. You may not use the Apple-Enabled Application in any manner that violates the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the iTunes Store Terms and Conditions, a copy of which is available at http://www.apple.com/legal/internet-services/itunes/us/terms.html.
3. You acknowledge that you have had an opportunity to review the Rules set forth for Licensed Applications in the iTunes Store Terms and Conditions.
4. The license granted to you for the Apple-Enabled Application is limited to a non-transferable license to use the Apple-Enabled Application on any iPhone, iPad, or iPod touch that you own or control as permitted by the Usage Rules set forth in the iTunes Store Terms and Conditions.
5. You and ExxonMobil acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Enabled Application.
6. Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Application to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ExxonMobil’s sole responsibility, to the extent such warranty or responsibility cannot be disclaimed under applicable law.
7. You and ExxonMobil acknowledge that ExxonMobil, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Application or your possession and/or use of that the Apple-Enabled Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
8. You and ExxonMobil acknowledge that, in the event of any third party claim that the Apple-Enabled Application or the end-user’s possession and use of that Apple-Enabled Application infringes that third party’s intellectual property rights, ExxonMobil, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
9. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government and/or Canadian Government embargo, or that has been designated by the U.S. Government and/or the Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government and/or Canadian Government list of prohibited or restricted parties.
10. You and ExxonMobil acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement with respect to the Apple-Enabled Application, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you with respect to the Apple-Enabled Application as a third party beneficiary thereof.
B. Special Offers, News and Information from ExxonMobil:
We may send you, via email, text message, standard mail, or other forms of digital and non-digital communications, from time to time, special offers, news and information relating to ExxonMobil generally, the Speedpass+ App. You will have the option to opt into receiving such communications when you register to use the Speedpass+ App. You will also have the ability to unsubscribe from receiving these types of communications.
C. Liability and Warranty Disclaimer:
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SPEEDPASS+ APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. FURTHER, YOU UNDERSTAND THAT ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE USING THE SPEEDPASS+ APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SPEEDPASS+ APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE SPEEDPASS+ APP (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU.
EXXONMOBIL HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SPEEDPASS+ APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EXXONMOBIL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SPEEDPASS+ APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SPEEDPASS+ APP OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SPEEDPASS+ APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EXXONMOBIL OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO GAMING FUNCTIONALITY, WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE SPEEDPASS+ APP, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE SPEEDPASS+ APP OR IN ANY OTHER PRODUCT OFFERED BY EXXONMOBIL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL EXXONMOBIL BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SPEEDPASS+ APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. YOU AND EXXONMOBIL HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND EXXONMOBIL WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXXONMOBIL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW) EXCEED FIVE DOLLARS ($5.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE SPEEDPASS+ APP AND FOR ALL USER CONTENT PROVIDED USING YOUR ACCOUNT. ACCORDINGLY, 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 A THIRD-PARTY CLAIM, OR OTHERWISE, IN RELATION TO YOUR USE OF THE SPEEDPASS+ APP, THE USER CONTENT YOU CONTRIBUTE OR LINK TO, YOUR ACCESS TO THE SPEEDPASS+ APP, OR YOUR VIOLATION OF EITHER THIS AGREEMENT OR THE RIGHTS OF ANY THIRD PARTY.
E. Global Availability / Export Controls:
The Speedpass+ App may be controlled and operated by ExxonMobil from various offices in the United States and Canada. ExxonMobil makes no representation that the Speedpass+ App as accessed or described is appropriate or available for use in other locations, and access to them from other countries where the contents are illegal or penalized is prohibited. Access to or use of the Speedpass+ App by persons or from countries who are sanctioned by the United States and/or Canada is specifically prohibited. Those who access the Speedpass+ App do so on their own and are responsible for compliance with all applicable United States, Canadian and local laws. You may not export or re-export the Speedpass+ App, information, or materials accessed on or described in the Speedpass+ App except in full compliance with all United States and Canadian 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 and/or Canada embargoes or sanctions goods, services, or technology, to any person or entity on the United States Treasury Department’s List of Specially Designated Nationals, the United States Bureau of Export Administration Entity List, the United States Bureau of Export Administration Denied Persons List, the United States Commerce Department’s Table of Denial Orders, or any similar Canadian listing. 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 Speedpass+ App.
F. Policy Concerning Children:
The Speedpass+ App, games, and other functions of the Speedpass+ App are not intended for children under the age of 13, and we do not knowingly collect any personal information from such children. Use of the Speedpass+ App is prohibited for children under the age of 13, and children under the age of 13 should not use the Speedpass+ App at any time. If you are between 13 and 18 years of age, you must secure authorization from your parents or legal guardians before using the Speedpass+ App. ExxonMobil abides by applicable privacy laws. Although the Speedpass+ App may contain information or provide services that may be of interest to children, the Speedpass+ App is not directed at children and ExxonMobil does not knowingly collect or solicit personal information from children under the age of 13. In the event that ExxonMobil learns that ExxonMobil has inadvertently gathered personal information from children under the age of 13, ExxonMobil will take reasonable measures to promptly erase such information from our records.
G. Limitations on Use of the Speedpass+ App:
Some Esso and Mobil locations in Canada accept payment through the Speedpass+ App. For an up-to-date list of stores that accept the Speedpass+ App, select the Find Station option in the app or view www.esso.ca/en/find-station . We reserve the right not to accept any the Speedpass+ App or otherwise limit use of the Speedpass+ App if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.
H. Liability for Unauthorized Transactions:
Because the Speedpass+ App can be used like cash for purchases at Esso and Mobil locations, you are responsible for all transactions associated with the Speedpass+ App including unauthorized transactions. If your mobile device is lost, stolen or destroyed, please contact your credit card company immediately.
I. Anonymous User Content:
In some cases, the Speedpass+ App may allow you — in ExxonMobil’s sole discretion — to enter, post, submit, provide, or link to User Content “anonymously.” This means that your User Content will not include your Speedpass+ App user name; however, ExxonMobil still collects and retains the Speedpass+ App user names associated with anonymous actions and if you violate this Agreement or applicable law, ExxonMobil reserves the right to disclose your Speedpass+ App user name or take other actions such as disabling your account or your ability to make anonymous posts.
K. Security Policy:
ExxonMobil uses commercially reasonable security measures to protect your User Content and your user account information. We have security measures in place to help protect against the unauthorized access of personally identifiable information under our control. We utilize both online and offline security methods, including firewalls, passwords, and restricted physical access to the places where your information is stored to help protect personally identifiable information. Our staff is trained to comply with our security procedures, and our security procedures are regularly reviewed and revised as we deem necessary.
L. Disputes, Forum, and Governing Law:
With respect to Speedpass+ App users residing outside the Province of Quebec, the Agreement is governed by and construed in accordance with the laws of the Province of Ontario, excluding its conflicts of law rules, and Canada. You and ExxonMobil designate Ontario courts, for the exclusive resolution of that dispute and submit to the jurisdiction of that court. With respect to Speedpass+ App users residing in the Province of Quebec, this Agreement is governed by Quebec law and the laws of Canada applicable therein.
M. User Disputes:
You are solely responsible for your interactions with other Speedpass+ App users. ExxonMobil reserves the right, but has no obligation, to monitor disputes between you and other ExxonMobil app users.
This Agreement is the entire agreement between you and ExxonMobil. It supersedes and replaces any and all prior or contemporaneous agreements between you and ExxonMobil relating to your use of the Speedpass+ App (including, prior versions of this Agreement). The failure of ExxonMobil to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or enforceable by a court based upon any written decree, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. We can change this Agreement at any time, and your continued use of the Speedpass+ App after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Speedpass+ App. IN THE EVENT THAT YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE Speedpass+ App FOR ANY PURPOSE.
O. Other Legal Notices:
The Speedpass+ App may use or otherwise incorporate a variety of software products provided by third-party vendors, many of which require ExxonMobil to express certain attributions and terms. These attributions and terms constitute a part of this Agreement as if fully set forth herein.
P. How to Contact Us:
If you have any questions or concerns about the Application you may contact us at:
Attn: Esso Customer Service
P.O. Box 629
Moncton, NB E1C 8M7
or by calling 1-877-230-8344
If you wish to access, request a correction or have us discontinue maintenance of your file, or to withdraw your consent to the use or disclosure of information in your file, or to make a complaint or inquiry, you should write to Esso Customer Service, P.O. Box 629, Moncton NB E1C 8M7 or call 1-877-230-8344
* Some exceptions apply, including purchases of tobacco, alcohol and Esso Gift Cards. Refer to the complete Esso Extra program rules and regulations for details at essoextra.com.
PC Optimum used under license. Visit pcoptimum.ca for full program Terms and Conditions.
Esso and Esso Extra are trademarks of Imperial Oil Limited. Imperial Oil, licensee.
Speedpass, Mobil and Speedpass+ are trademarks or registered trademarks of Exxon Mobil Corporation or one of its subsidiaries. Imperial Oil, licensee.