Exxon Mobil Corporation
Last Updated: September 9, 2016.
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY
- Use of the Services
A. ExxonMobil allows you access to information we have licensed from MOTOR Information Systems (the "MOTOR Information") and by accessing such information, you agree to comply with the following terms and conditions:
- License Grant. MOTOR hereby grants to you a nontransferable, non-exclusive, limited license to access and use the MOTOR Information contained within the Services on a vehicle-by-vehicle look-up basis.
- Restrictions on Use of MOTOR Information. You agree that you shall not, and shall not permit any third party, to directly or indirectly (i) alter or copy in any form or medium all or any part of the MOTOR Information (except for data located on an individual, vehicle by vehicle, lookup basis), nor make any MOTOR Information part of any electronic retrieval system; (ii) create any derivative work from, or adaptation of, the MOTOR Information; (iii) lease, license, sell, or otherwise publish, communicate, distribute or display to any third party in any form or medium all or any part of the MOTOR Information; (iv) create any publications, in electronic, printed or other format, based in whole or in part on data from the MOTOR Information, alone or in combination with any other data; (v) download the MOTOR Information (other than the data obtained on a vehicle-by-vehicle look-up basis) or transmit the MOTOR Information electronically by any means; (vi) remove any product identification, copyright, trademark or other notice from the MOTOR Information or documentation; or (vii) reverse engineer, reverse assemble, or reverse compile the MOTOR Information.
- Ownership/Confidentiality. You agree that the MOTOR Information is the confidential information of MOTOR, and that MOTOR owns or is the subscriber of all rights in the MOTOR Information, including without limitation all copyright and other proprietary rights. You agree to keep confidential and use your best efforts to prevent and protect the MOTOR Information from unauthorized disclosure or use.
B. Infringement. You are prohibited from using the Services to infringe on ExxonMobil’s or any person's or other entity’s copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Site and Services if we believe you are using the Services in a manner that infringes the copyright, trademark, patent or other intellectual property rights of ExxonMobil or another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.
C. You may not frame the Services or use our proprietary marks as meta tags. These marks include, but are not limited to ExxonMobil, Exxon, Esso and Mobil. You may not use frames or utilize techniques or technology to enclose any content included on the Site.
The 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 Services contained in the site will be uninterrupted or error -free, that defects will be corrected, or that the Services are free of viruses or other malware or harmful components. ExxonMobil does not make any warranties or representations regarding the use of the 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.
Limitation of Liability
You assume full responsibility for your use of the Services. Any information you send or receive during your use of the Services may not be secure and may be intercepted by unauthorized parties. Your use of the Services is at your own risk; accordingly, to the fullest extent permitted by applicable law, ExxonMobil will not be liable to you or any other party for any direct, indirect, compensatory, punitive, special or consequential damages that result from the use of or the inability to use the Services whether based on contract, tort, strict liability or otherwise, 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 Services or with any of these terms, your sole and exclusive remedy is to discontinue using the Site and the Services.
You agree to indemnify, defend, and hold ExxonMobil and its affiliates and their officers, directors, employees, and agents harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys’ fees) that ExxonMobil may incur in connection with your breach of the Agreement or with a third party claim, or otherwise in relation to your access or use of the Site, including Third Party Materials, and Services.
Global Availability/Export Controls
Those who access the 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 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 Services or its information and materials.
Applicable Law and Dispute Resolution
Laws of the State of Texas, without giving effect to its principles of conflict of laws, governs this Agreement. Where federal jurisdiction exists over any action out of or in any way connected with this Agreement, you will submit to the sole jurisdiction of the United States District Court for the Southern District of Texas, Houston Division, for the resolution of the action. Where federal jurisdiction does not exist over an action, you will submit to the sole jurisdiction of the District Court for Harris County, Texas, for the exclusive resolution of the action.