Speedpass Consumer Membership Terms of Use

As soon as you enroll in the consumer Speedpass™, program, we consider you a valued Speedpass Member.

These Terms of Use apply only to consumer Members (i.e., Members who have linked their Speedpass to a credit card that is used only for personal, family, or household purposes).

At enrollment, Speedpass Members must select a credit card to link to Speedpass. Upon making this selection, Speedpass transactions will be charged to your designated credit card.

When you activate the Speedpass Device, you signify your agreement with these Terms of Use, and your first use of the Speedpass Device after any modifications to these Terms of Use signifies your agreement with the modifications.

You authorize ExxonMobil and/or its affiliates to share your membership information or records with third party services providers which may send you additional offers. If at any time you decide that you do not wish to be a Speedpass Member, please call Speedpass Customer Service to cancel your Membership and deactivate the Device, by calling toll free 1-87-SPEEDPASS (1-877-733-3727). If you have received a Speedpass Device and you at any time decide that you do not want it, do NOT activate it (if it is new), and deactivate it if you have used it. Once deactivated, the Speedpass Device should be disposed of responsibly.

General Speedpass Member Responsibilities

Speedpass Membership brings a number of benefits and several simple, reasonable responsibilities. As a Member, you agree to:

Use the Speedpass Device only for your own legitimate personal, family or household purposes.

Use the Device only for Speedpass authorized transactions at Speedpass Authorized Retailers.

Protect the Device as you would a credit or debit card, e.g., do not leave the Device in your car, and remove the Device from your key chain before giving your keys to parking attendants or mechanics.

Immediately report a lost or stolen Device, or suspected unauthorized use of your Device, to Speedpass Customer Service.

Help Speedpass in the unlikely event of a fraud investigation, and comply with any fraud prevention measures Speedpass establishes.

Update your Member information as it changes.

Speedpass Safeguards

For your protection, Speedpass monitors purchase patterns on Devices, and looks for unusual behavior that may signal unauthorized use. If Speedpass suspects unauthorized activity, we will attempt to contact you directly and may temporarily restrict the use of your Device. If we believe it appropriate, we will also report any suspicious or fraudulent activity to law enforcement authorities. The Speedpass Program is designed to maintain Device and Member account security. To do so, Speedpass and Speedpass Authorized Retailers may, for example:

Limit the number of times per day a Speedpass Device may be used.

Apply a maximum dollar amount on a single Speedpass transaction.

Require a customer signature for Speedpass transactions over a specified dollar amount.

Lost, Stolen or Unauthorized Use of Device.

If your Device is lost or stolen, or if you suspect it is being used without your permission, immediately call Speedpass Customer Service toll free at 1-87-SPEEDPASS (1-877-733-3727) so that your Speedpass Device can be deactivated. Speedpass may issue replacement Speedpass Devices at your request. Also, you must immediately notify the issuer of the credit or debit card to which your Speedpass Device is linked.

Speedpass Help Desk

If you need help or have questions about card or debit card linked Speedpass transactions, call toll free 1-87-Speedpass. Customer service representatives are available Monday through Friday, excluding holidays.

Multiple Devices

As a Speedpass Member you may have more than one Speedpass Device registered to your Speedpass Account. If you give others (e.g., a spouse or child) your Speedpass Devices(s) to use, you allow those individuals to make purchases on your card account.

Receipts

A receipt will be made available for each Speedpass transaction and debit card linked transaction. The receipt may contain contact information to be used for inquiries, error resolutions, and reporting the loss of theft of a Speedpass Device. Save the receipts from your Speedpass transactions and check them against your bank account or card issuer statement. If you have any questions about any of these transactions, contact Speedpass Customer Service at 1-87-SPEEDPASS.

Resolving Unauthorized Purchase Claims - for a Credit Card linked to Speedpass

If you suspect or discover an unauthorized purchase on the credit card linked to your Speedpass Device:

  1. Contact your Financial Institution immediately to report any disputed purchases made with your Speedpass Device and to require a credit. Be sure to follow your Financial Institution’s instructions for disputing charges. This Agreement does not change the procedures or rights you have with your Financial Institution.
  2. If you are unable to resolve the situation satisfactorily, contact Speedpass Customer Service (toll free 1-87-SPEEDPASS. 1-877-733-3727). We will process a credit to your financial account If (i) the disputed purchase made with your Speedpass Device was in fact unauthorized and (ii) you notified us on a timely basis of the loss.

Resolving Unauthorized Purchases – Debit Card linked to Speedpass

If you suspect or discover an unauthorized purchase on the debit card linked to your Speedpass Device or have questions about transactions appearing on your debit card statement

  1. Contact Speedpass immediately by calling Speedpass Customer Service at 1-87-SPEEDPASS (1-877-733-3727).
  2. When you call, be prepared to provide the following:
    • Your name, address, phone number, and debit card number;
    • Transaction particulars such as retailer name and location, date of transaction, item purchased;
    • Description of the error or transaction you are uncertain about and explain as clearly as possible why you believe the matter is in error or why you need more information;
    • The dollar amount of the suspected error;
    • A copy of the transaction receipt.
  3. Upon request of Speedpass, you must provide a written statement of your complaint or questions within ten (10) business days. Speedpass will investigate your claim and typically provide you results within ten (10) business days. Speedpass may take additional time for new accounts and up to forty-five (45) days if the matter involves a transaction error.
    In some limited cases, it may take up to ninety (90) days to complete an investigation of a claim. In this event, Speedpass will provisionally credit your card account for the disputed amount so you can have use of the money during this time it takes to complete the investigation. If Speedpass requests a written statement of your complaint or question and does not receive it within ten (10) business days, Speedpass may not provisionally credit your account as described above. If Speedpass determines that there is no error, it will send you a written explanation within three (3) business days following completion of the investigation. You may request a copy of the documents Speedpass consulted to make this decision. Also, in the case no error was discovered, Speedpass will also debit your card account for return of the provisional credit applied during the investigation period.

Keeping You Informed of Changes

Speedpass will keep you informed of any material changes or updates to the Speedpass Terms of Use. We reserve the right to modify this Agreement at any time, but rest assured that if we make material changes to it, we will notify you. If, at any time, you do not agree with these Terms, please call Speedpass Customer Service to cancel your Membership at 1-87-SPEEDPASS.

Cancellation and Termination

You may cancel your Membership at any time by calling Speedpass Customer Service at 1-87-SPEEDPASS. Upon cancellation of your Speedpass Membership, you agree to destroy any Device(s) in a responsible manner. You, the Member, remain responsible for all amounts you may owe Speedpass, including authorized purchases.

Speedpass reserves the right to cancel your Speedpass Membership and deactivate your Device without cause, and without giving you notice. Upon such action, you are not authorized to use the Speedpass Device after it has been deactivated, and any Speedpass Device(s) that have been issued on the Account should be disponsed of responsibly.

You agree to pay all reasonable expenses, including reasonable attorney’s fees and court costs Speedpass may incur in collecting any amount you may owe under this Agreement, in retrieving the Device, and/or enforcing the rights of Speedpass under this Agreement (whether or not a lawsuit is filed).

Intellectual Property Rights

Your Speedpass Device includes software and information that is copyrighted and which constitutes a trade secret. You will treat the software and information in the Speedpass device as confidential and as trade secrets and proprietary know-how belonging to Exxon Mobil Corporation. You may not copy, modify, rent, sell, distribute or transfer any part of the software or information contained in the Speedpass Device. You may not reverse engineer, decompile, decrypt, extract, or disassemble the software or information contained in the Speedpass Device nor attempt in any other manner to obtain the source code, including any algorithms contained therein, of such software. You agree not to extract any information or concepts from the Speedpass Device, nor to assist anyone else in such an effort. You agree that any breach of this Agreement will result in irreparable and continuing injury to Exxon Mobil Corporation and therefore in addition to all other remedies available, any breach or threatened breach of this Agreement may be prohibited by restraining order and/or injunction and that Exxon Mobil Corporation shall be entitled to recover its attorneys’ fees and to seek any other equitable remedy available at the time.

Limitation of Speedpass Liability

Retailer Programs

Speedpass Authorized Retailers may have special promotions or loyalty rewards, some of which you may automatically benefit from as a Speedpass Member. All such retailer programs are subject to their own Terms of Use and Privacy Policies, and any questions or concerns you have about them should be made directly to the retailer.

Goods and Services Purchased with Speedpass

SPEEDPASS MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE USE OF THE SPEEDPASS DEVICE OR THE GOODS OR SERVICES OBTAINED FROM ITS USE.

Nature of the Terms of Use Agreement

This Agreement (a) does not create any relationship of principal and agent, employee-employer, joint venture, partnership, or an association between us except as otherwise specifically provided herein; (b) is for the sole and exclusive benefit of you and Speedpass, and nothing contained in this Agreement, whether express or implied, is intended to confer any right, remedy or benefit upon any person or entity other than us; (c) does not relieve or discharge any obligation or liability of any third person or entity and does not give any third party any right to subrogation or other action over or against either of us.

Indemnification

You agree to indemnify and hold Speedpass, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorney’s fees) made or incurred by any third party arising out of or relating to your use of Speedpass services.

Assignment

While Speedpass may assign this Terms of Use Agreement at any time without notice to you, the Speedpass Terms of Use will remain materially the same unless you are notified.

Waiver

Speedpass may not always exercise its rights under this Agreement, but any waiver of any right under any items, condition, or any waiver of any breach by you shall not be deemed or construed as any waiver of any other provisions, affect the validity or the remainder of this Agreement or constitute a waiver of any preceding or succeeding breach of the same or any other provision hereof.

Web Site

Please see Speedpass.com for specific Terms of Use regarding Web site usage.

Governing Law

The laws of the State of New York and applicable federal law govern this Agreement. The un-enforceability of any provision of this Agreement will not in any way affect or impair the legality of enforceability of the remaining provisions of this Agreement.

Definitions

"Device" means that contactless identification instrument used by Speedpass to facilitate point of sale payments or identification.

"Member" means an enrollee of the Speedpass program.

"Speedpass" without italics means ExxonMobil Speedpass, a venture of Exxon Mobil Corporation.

"Speedpass" with italics means that point of sale payment and/or identification system incorporating contactless identification technology developed or provided by Speedpass Network.

"Speedpass Authorized Retailer" means a retail establishment authorized by Speedpass to use the Speedpass system for customer identification and/or point of sale transactions.

Security Guarantee

Subject to the limitations as applicable, if your Speedpass Device is lost or stolen, you won't have to pay for any unauthorized purchases because Speedpass guarantees payment security. An unauthorized purchase is one from which you have received no benefit and that has been made by a person using your Speedpass Device who does not have your actual, implied or apparent permission to make the purchase.

You are responsible for all purchases and transactions made with your Speedpass Device, except those determined to be unauthorized. If you allow another person to use your Speedpass Device, you will be liable for all purchases and transactions incurred by that person, unless you can demonstrate that your Speedpass Device was obtained criminally by the person making the unauthorized purchases.


April 2017

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