Terms and Conditions
Exxon Mobil Rewards+™
Redemption of offers may begin up to 48 hours prior to the offer email being sent. In certain cases, this could result in offer points being awarded and the offer being completed prior to the time the offer email is sent. ExxonMobil may terminate, cancel, or revoke offers or points at any time at its discretion. Exxon Mobil Rewards+ Program Terms and Conditions apply.
Multiplier Point offers multiply the base earn points by the amount specified in the offer. The base earn points are 3 points/gallon and 2 points/$1 spent inside the convenience store and on carwashes for all consumers. For example, “2x Points on Your Next Fill-Up” means that a consumer will earn twice the base earn points of 3 points/gallon for a total of 6 points/gallon upon completing their next loyalty fuel transaction (a transaction using either EMR+ card, an alternate ID such as your phone number, or within the Exxon Mobil Rewards+ App). Additional points for being a part of an exclusive tier (such as Premium Status, Frequent Filler, or AARP) stacks on top of this after the multiplier offer is applied to the base earn (i.e., an additional 3 points for Premium Status on Synergy Supreme+ fuel purchases, an additional 1 point for Frequent Filler on fuel purchases, etc). Maximum of 200 bonus offer points will be issued per offer per fuel transaction. Exclusions and variations can apply and will be specified in the delivered offer if applicable. Only valid for the duration specified in the particular offer.
|Base Earn||Additional Tier Bonusing|
|3 points/gallon||Frequent Filler||+1 point/gallon|
|Premium Status||+3 points/gallon on Synergy Supreme+ fuel transactions|
|2 points/dollar in-store||Frequent Filler||+2 points/dollar in-store|
|AARP||+1 point/dollar in-store|
For example, “2x Points on Your Next Fill-up” means that a Frequent Filler Premium Status EMR+ consumer would receive 10 points/gallon (3 base points, 3 extra points for 2x offer, 3 points for Premium Status, and 1 point for Frequent Filler = 10 points) upon completing their next loyalty Synergy Supreme+ fuel transaction.
- Fixed Point offers provide points based on the action specified in the offer. For example, “Earn 200 Points on Your Next Fill-Up” means that the recipient will earn 200 points upon completing their next loyalty fuel transaction. “Earn 200 Points on Your Next In-Store Purchase” means the recipient will earn 200 points after completing a product purchase transaction inside the convenience store. Offer requires a minimum 5 gallon purchase if earning on a fuel transaction (a transaction using either EMR+ card, an alternate ID such as your phone number, or within the Exxon Mobil Rewards+ App). Exclusions and variations can apply and will be specified in the delivered offer if applicable. Only valid for the duration specified in the particular offer.
Rockies Referral Codes 2021
A consumer is ineligible to have both ROCKIES21 and ROCKIESWIN (including their variations) connected as a referral code to their Exxon Mobil Rewards+ account. The two referral codes are mutually exclusive from each other. For example, if a consumer attaches the ROCKIES21 referral code to their account, they cannot later connect the ROCKIESWIN referral code to their account as well.
For convenience store offer terms and conditions, please visit: https://www.exxon.com/en/earn-rewards-plus-points
Exxon Mobil Rewards+ Program TERMS AND CONDITIONS
Effective as of December 9, 2020
- 1. Introduction.
- 2. Eligibility and Enrollment.
- 3. Earning Points.
- 4. Using Points.
- 5. Points Expiration and Limitations.
- 6. Premium Status.
- 7. Frequent Filler.
8. Apple™ App Clips Limited Loyalty Rewards.
9. Additional Terms and Conditions.
10. Your Data.
11. SMS Terms
12. Consolidating Accounts.
13. Cancellation and Termination.
14. Modifications to these Terms and Conditions.
15. Disclaimers and Limitation of Liability.
16. Governing Law.
18. Dispute Resolution – AARP Members.
19. Dispute Resolution – Non-AARP Members
The Exxon Mobil Rewards+ Program is a rewards program operated by ExxonMobil Oil Corporation(“ExxonMobil”), referred to as “Exxon Mobil Rewards+”, “EM Rewards”, or “we”, or “us”. Exxon Mobil Rewards+ lets you earn Exxon Mobil Rewards+ points (“Points”) by making qualifying purchases at participating Exxon and Mobil branded service stations operated by ExxonMobil branded wholesalers and certain retail companies who may become a part of Exxon Mobil Rewards+ and through other promotions and offers that may be provided by Sponsors. Branded wholesalers, other retail participants (current and potential) and other entities or persons with whom we have or may be considering a business relationship are referred to as “Sponsors”) Fully enrolled Exxon Mobil Rewards+ members (“Members”) may use the Points they earn for savings at participating Exxon or Mobil branded service stations and locations of specified Sponsors. Visit www.EMrewards.com for a complete list of Sponsors, as well as complete information on where you can earn and use Points. Sponsors are subject to change at any time.
There is no cost to join Exxon Mobil Rewards+. However, you must fully enroll in order to use Points. You are not a Member until you have fully enrolled. Merely having an Exxon Mobil Rewards+ card does not mean you are a Member.
In most cases, you may use any form of payment (e.g., cash, credit, debit) accepted by a given Sponsor to make qualifying purchases that earn Points. You do not need a credit card to join Exxon Mobil Reward+. Neither the Exxon Mobil Rewards+ program nor the rewards card that Exxon Mobil Rewards+ provides to you is a credit card.
2. Eligibility and Enrollment. To be eligible to enroll in Exxon Mobil Rewards+ you must be at least 13 years of age and have a residence in the United States. However, Exxon Mobil Rewards+ may only be used in the 50 United States. If you are between 13 and 18 years old, you may only use Exxon Mobil Rewards+ under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Exxon Mobil Rewards+ may change these eligibility requirements at any time, and reserves the right to refuse membership to any applicant for any reason, in its sole discretion.
To become a Member, you must complete the enrollment process described below. To fully enroll you must provide your first and last name, email address, and phone number; set a PIN and password; and accept these Terms;. If you use your Exxon Mobil Rewards+ card before you have completed your enrollment, Exxon Mobil Rewards+ will track the Points that you are earning, but you cannot use those Points until you fully enroll and become a Member. You can fully enroll at www. EMrewards.com.
When you enroll, we will ask you for certain personal information, such as your name, address, zip code, e-mail address, and phone number (your “Registration Information”). We will also ask you to establish a “PIN” (a four-digit security code that you will need when using your phone number as your loyalty identifier to redeem points). You represent that all Registration Information you provide during enrollment and throughout your interactions with Exxon Mobil Rewards+ are true and accurate. You agree to update your Registration Information, as necessary to maintain its truth and accuracy. You are responsible for all activities related to your account and for maintaining the confidentiality of your password and PIN.
Additionally, to complete the enrollment process, you must acknowledge agreement with these Terms, and consent to our sharing your Registration Information with Sponsors (though you can revoke that consent at any time by logging in at www.EMrewards.com and navigating to the My Account page). You can complete enrollment via:
- The Exxon Mobil Rewards+ App on your mobile device
- Our customer service center at 1-888-Reward+ (1-888-739-2730)
Please note: Certain features of Exxon Mobil Rewards+ are only available online. If you have internet access, we encourage you to enroll via www.EMrewards.com or the Exxon Mobil Rewards+ App in order to access all features of Exxon Mobil Rewards+.
Before you fully enroll and become a Member, you are still subject to these Terms. Until you fully enroll and become a Member, you are not eligible to use Points for savings. However, you can still earn Points when you make qualifying purchases, and we will track those Points accordingly. Once you do fully enroll and become a Member, we will then provide you with the ability to use those Points that you earned before you fully enrolled.
The Points that you earn before you become a Member will still expire if, as of December 31 of each calendar year, they were credited to your account least one (1) year prior (See: Points Expiration and Limitations, below), even if you could not use those Points at that time because you had not fully enrolled.
Eligibility for Exxon Mobil Rewards + benefits may be limited for users of Apple App Clips. Please refer to Section 8 below for applicable terms.
3. Earning Points. Members may earn Points in various ways, which may include by:
- Making Qualifying Purchases
- Redeeming Points
- Redeeming Offers and Promotions
- Using Associated Payment Cards or Methods
To earn Points on qualifying purchases, you must present and use an Exxon Mobil Rewards+ card/loyalty identifier prior to purchasing qualifying items or services from participating Sponsor locations. Your EM Rewards Identifier includes the Exxon Mobil Rewards+ card we issue you and other Exxon Mobil Rewards+ Identifiers, which you may be able to use at select Sponsor locations, such as your 16 digit Exxon Mobil Rewards+ account number, a phone number associated with your Exxon Mobil Rewards+ account, and the digital Exxon Mobil Rewards+ card contained within the Exxon Mobil Rewards+ App.
You will not receive Points for: items excluded by law; the value of any merchant discounts or coupons; items and services that a particular Sponsor or Exxon Mobil Rewards+ deems ineligible; or, in most cases, taxes. Please call 1-888-739-2730 for more information.
Exxon Mobil Rewards+ and Sponsors may provide you with additional ways to receive Points through offers, promotions, and other programs. Such offers and promotions may be subject to additional terms and conditions (See Additional Terms and Conditions, below).
We will not credit Points to your account until we receive information about a qualifying purchase. In most instances, we will receive purchase information and credit Points in real time or within 48 hours. We are not responsible for any failure or delay of a Sponsor or the issuer of an Associated Payment Card (See below), to provide us with the necessary information to credit Points to your account. Additionally, we may hold earned Points in a pending status for certain purchases, such as those that are suspected of fraud. We will determine when to pend Points at our sole discretion. If we pend Points, you will not be able to see them in your account as pending and you will not be able to use them until we release them to your account.
Associated Payment Cards or Methods. Certain payment cards or payment methods, such as Exxon Mobil Rewards+ App, may be available to you that are associated with ExxonMobil or Exxon Mobil Rewards+ (“Associated Payment Cards”). You are not required to have an Associated Payment Card to be a Member, but having an Associated Payment Card may provide you with additional ways to earn Points. Your Exxon Mobil Rewards+ card issued to you by Exxon Mobil Rewards+ is not an Associated Payment Card. You will need to separately apply for any Associated Payment Card with the company responsible for such card, which will be subject to separate terms. Among other things, these separate terms will describe how an Associated Payment Card works in connection with Exxon Mobil Rewards+, such as how and where you can earn Points, whether you need to link your Exxon Mobil Rewards+ card with your Associated Payment Card, and/or whether you need to present both your Exxon Mobil Rewards+ Identifier and the Associated Payment Card in order to earn Points or use points.
4. Using Points. Members can use Points for savings on purchases at participating Exxon and Mobil branded service stations and certain other Sponsor locations. You may not be able to use Points at all Sponsors or locations. Visit www.EMrewards.com to view a full list of other Sponsors locations. To use Points for savings, use your applicable Exxon Mobil Rewards+ Identifier before paying. In some instances you may also need to enter your security PIN.
To be eligible to use Points, you must have at least 100 Points in your Exxon Mobil Rewards+ account. Points do not have a fixed value. However, you will generally receive savings of at least one cent for each Point you use. For example, 100 Points will generally allow you receive at least $1.00 in savings. However, Exxon Mobil Rewards+ may run promotions that may allow you to obtain a greater amount of savings per Point. Exxon Mobil Rewards+ may also set a specific number of Points for which an item can be exchanged, such as 250 Points for a soft drink. Additionally, in some instances, you may receive a savings of less than one cent for each Point you use. Points can be applied for savings up to the amount of the purchase price for the applicable product or up to a maximum amount as set forth by each Sponsor. Maximum number of points redeemed per transaction is 5000.
If you return an item on which you earned a certain number of Points, we may deduct up to an equivalent amount of Points from your Exxon Mobil Rewards+ account. For example, if you earned 20 Points for purchasing a soft drink and then return that drink, we may deduct 20 Points from your Exxon Mobil Rewards+ account. Continuing this example, if you have fewer than 20 Points in your account, we may deduct your remaining balance. If you used Points for savings on a purchase and then return the item purchased, the number of Points that you redeemed will generally be credited to your account. However, in some instances you may receive a store credit instead, depending on the policies of that Sponsor. Whether or not an item that you have purchased can be returned is subject to the policies of each applicable Sponsor and applicable law. We make no representation and bear no responsibility for whether you can or cannot return any item you purchase.
5. Points Expiration and Limitations. On December 31 of each year, any Points that are at least one (1) year old will expire. The age of a Point will be measured from the date the point is issued on the transaction. If you or we terminate your Exxon Mobil Rewards+ account, or if the Exxon Mobil Rewards+ program is terminated or otherwise modified, Points may be cancelled before they expire. You may not use expired Points. Points will be redeemed in the order in which they were earned.
Points have no cash value. Points are not your property. Points are issued without separate payment or other consideration by you, and exist at the sole discretion of ExxonMobil as part of a rewards program. Points cannot be purchased, redeemed for cash or any other monetary value or currency, or used to pay any debt. Points may not be assigned, transferred or pledged to any third party, except as stated herein. Points may not be transferred by operation of law, such as by inheritance, in bankruptcy, or in connection with a divorce.
6. Premium Status. Exxon Mobil Rewards+ Premium Status (“Premium Status”) is achieved by making three (3) “Qualifying Purchases” within the days of one calendar month (such as January). A Qualifying Purchase is defined as a purchase of 8 gallons or more of Synergy Supreme+ fuel with the Exxon Mobil Rewards+ program. You must present and use your Exxon Mobil Rewards+ card / loyalty identifier prior to making a Qualifying Purchase at participating locations.
Premium Status Benefits (“Benefits”) begin after Premium Status is earned. You must complete three Qualifying Purchases within the days of each calendar month to maintain your Benefits. In the event that Premium Status is not maintained in the following calendar month, you have a grace period of three consecutive calendar months starting from the end of the month in which Premium Status was last earned before your Premium Status benefits expire.
Benefits include earning double base points (for a total of 6 points per gallon) on all Synergy Supreme+ purchases after earning and while maintaining Premium Status. You will also be eligible for various Premium Status offers and experiences that are available to Exxon Mobil Rewards+ Premium Status members.
Your Premium Status is non-transferrable and does not preclude you from using other Exxon Mobil Rewards+ offers, unless specified.
7. Frequent Filler. Exxon Mobil Rewards+ Frequent Filler is achieved by purchasing at least 100 gallons of fuel in a calendar month (such as January). To qualify, you must make purchases at participating locations either using (1) your Exxon Mobil Rewards+ card, or (2) your alt-ID/telephone number or (3) within the Exxon Mobil Rewards+ app.
Exxon Mobil Rewards+ Frequent Filler Benefits (“Benefits”) begin after Frequent Filler is earned. You must purchase at least 100 gallons each calendar month to maintain your Benefits. In the event that Frequent Filler is not maintained in the following month, your Frequent Filler benefits expire.
Benefits include earning an extra point (for a total of 4 points per gallon) on all fuel purchases and two extra points (for a total of 4 points per dollar) on all convenience store purchases after earning and while maintaining Frequent Filler. You will also be eligible for various Frequent Filler offers and experiences that are available to Frequent Filler members.
Your Frequent Filler status is non-transferrable and does not preclude you from using other Exxon Mobil Rewards+ offers, unless specified.
8. Apple™ App Clips Limited Loyalty Rewards. Apple App Clip users providing their full name and phone number/alt ID and a four digit PIN are eligible for limited benefits and limited enrollment in the Exxon Mobil Rewards + program (“Limited Loyalty Rewards Participants”).
Limited Loyalty Rewards Participants are limited to the following two program features:
- Earn and redeem base-earn points on fuel purchases when using App Clips to purchase fuel from participating service stations. Current base earn is 3 points per gallon.
- Earn and redeem base-earn AND promotion points from participating convenience store purchases when using registered phone number (and Alt ID) at checkout. Current base earn is 2 points for every $1 spent and bonus points on any ongoing promotional offers from participating convenience store purchases.
All other benefits for Limited Loyalty Rewards Participants are excluded. Such excluded benefits include, but are not limited to, the following:
- Ability to earn program tier status and earn extra points as outlined in the tier program terms including: Premium status, Frequent Filler, participation in Sponsor programs.
- Eligibility for fixed point offers such as fuel promotions or sign-up bonuses
- Ability to earn/redeem points on car washes
NOTE: Limited Loyalty Rewards Participants are eligible to fully enroll in Exxon Mobil Rewards+ in order to access all benefits outlined as part of the Exxon Mobil Rewards+ program; however, in order to enroll and avoid forfeiting points earned as a Limited Loyalty Rewards Participants, such Participants are required to download the full Exxon Mobil Rewards+ mobile app and sign into their Exxon Mobil Rewards + account using their Apple ID. All other Terms apply to such Limited Loyalty Rewards Participants.
9. Additional Terms and Conditions. In addition to and independent of these Terms, Sponsors and that become part of the program may have their own terms and conditions, which describe specifically how Exxon Mobil Rewards+ works at their locations. These terms and conditions may describe things such as how you earn Points at their locations, which items are excluded from earning Points and whether or not you need to link your account with the Sponsor’s account in order to earn Points. In certain cases, the Sponsor may also provide you with additional benefits that are not directly related to Exxon Mobil Rewards+ (e.g., price discounts on certain items). ExxonMobil bears no liability under or responsibility for any Sponsor-provided terms and conditions, or for any associated additional benefits, which are offered solely by the applicable Sponsor, and may be changed or discontinued at that Sponsor’s exclusive discretion.
Your Registration Information. By becoming a Member of Exxon Mobil Rewards+ you choose to provide us with your Registration Information, and you agree to update it from time to time so that it remains accurate. If you provide any Registration Information to a participating Sponsor, you authorize that Sponsor to share your Registration Information with us.
Your Account Activity. When you participate in Exxon Mobil Rewards+ and/or present an Exxon Mobil Rewards Identifier, you authorize us to collect information about your “Account Activity,” which may include the items or services that you purchased, any promotions that you redeemed, or any other information related to your transaction.
You can create an account at www.EMrewards.com and view the Points that you have earned and used. If you believe there is an error in your account balance, you can contact our customer service center by calling 1-888-739-2730). We will review your claim and determine whether or not to adjust your balance, at our sole discretion. If you believe your Exxon Mobil Rewards+ account has been the subject of any suspicious activity, or if your Exxon Mobil Rewards+ card has been lost or stolen, please contact our customer service center immediately at 1-888-739-2730.
Authorization for Exxon Mobil Rewards+ to communicate with you about your Account. You authorize us to send you program emails to support the operations of the program. For example, in some cases, Exxon Mobil Rewards+ will send emails to you to verify or confirm information based on information you have provided or have changed to your account profile. These emails will continue to be delivered to you even if you choose to opt-out of receiving communications.
Authorization for Exxon Mobil Rewards+ to communicate with you about special offers, news and information relating to ExxonMobil. You authorize us to 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 Exxon Mobil Rewards+ App and/or the Exxon Mobil Rewards+ Program. Message and data rates may apply. You will have the option to set your preferences and opt-out of receiving such communications by logging in at www.EMrewards.com and navigating to the My Account page.
Authorization to Monitor your Account. You authorize us to monitor your Exxon Mobil Rewards+ account activity. We have the right to take any necessary legal action based on fraud, abuse, or suspicious activity in connection with your account or any of your activities relating to Exxon Mobil Rewards+, and you agree to cooperate with any such action or investigation. If you are engaged in such activity, you may be liable for monetary losses, including litigation and/or arbitration costs and damages. This section shall survive the termination of Exxon Mobil Rewards+ or your Exxon Mobil Rewards+ account.
11. SMS Terms
By texting JOIN, you are consenting to become a member of Exxon Mobil Rewards+ and agree to receive SMS or MMS marketing messages from 39966. Message frequency varies by user. Message and data rates may apply. To opt out of Exxon Mobil Rewards+ text messaging program, send the word STOP to 39966 at any time. You understand and agree that text messages sent to your mobile phone/device may be generated using automated technology. Your consent to receive text messages is not required to make a purchase. For help or information on this program, send HELP to 39966. By subscribing to Exxon Mobil Rewards+ Alerts, the user consents to receive automated text messages from ExxonMobil and its affiliates, other parties within ExxonMobil, and Sponsors and their affiliates.
There is no fee from Exxon Mobil Rewards+ to receive messages. Message & data rates may apply – this can be checked with your mobile service provider. Charges are billed and payable to your mobile service provider or deducted from your prepaid account. Consent is not a requirement for purchase.
Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name and the date, time and content of your messages. We may use this information to contact you and to provide the services you request from us. Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless carrier may interfere with message delivery. The wireless carrier does not guarantee that alerts will be delivered and will not be held liable for delayed or undelivered messages.
We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator. T-Mobile is not liable for delayed or undelivered messages.
The service is available on these US carriers only: Verizon Wireless, Sprint, Nextel, Boost, T-Mobile, AT&T, Alltel, ACS Wireless, Bluegrass Cellular, Carolina West Wireless, CellCom, Cellular One of East Central Illinois (ECIT), Cincinnati Bell, Cricket, C-Spire Wireless, Duet IP (AKA Max/Benton/Albandy), Element Mobile, Epic Touch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), Illinois Valley Cellular (IVC), Inland Cellular, iWireless, Keystone Wireless (Immix/PC Management), MetroPCS, MobiPCS, Mosaic, MTPCS/Cellular One Comm, Rina-Farmers Mutual Elephone Co, Rina-Nucla Nutria Telephone Co, Rina-Silver Star, Rina-South Central Comm, Rina-Syringa, Rina-UBET, Rina-Manti, Simmetry, South Canaan/CellularOne of NEPA, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireles,s Virgin Mobile, West Cnetral Wireless (includes Five Star Wireless).
12. Consolidating Accounts and Points Circle
Consolidating Accounts. If you have more than one Exxon Mobil Rewards+ account, you may consolidate these accounts into a single account, provided that you have fully enrolled at least one of the accounts. The account you select will survive, and all Points earned or pending on the other accounts will be consolidated into the single surviving account. Please discard and/or cease using any Exxon Mobil Rewards+ Identifiers relating to the other accounts, as any further activity on such accounts after they have been consolidated will not be credited to the surviving account. If you wish to consolidate accounts, please call our customer service center at 1-888-739-2730).
Points Circle. You may select to combine your account with up to 9 other accounts into a Points Circle. Accounts in a Points Circle share a single balance of points. When you join a Points Circle, your existing individual points balance is moved into a shared points balance. All members in a Points Circle have equal access to redeeming the points. Once a point is redeemed, it is removed from the available balance and cannot be redeemed by other accounts in the Points Circle.
To join a Points Circle, you must be fully registered. You may join a maximum of one Points Circle. ExxonMobil reserves the right to refuse your joining or disband an existing Points Circle, immediately and without notice.
The member who creates the Points Circle is designated as the Master Account Manager. The Master Account Manager is the only member in the Points Circle who can invite other members to join their Points Circle until a maximum of 10 accounts have been combined. The Master Account Manager may invite a registered member to join a Points Circle by logging into the website (www.exxonmobilrewardsplus.com). On the website, they can provide the email address of each member they would like to invite to send the invitation. The recipient of the invitation must login to the website (www.exxonmobilrewardsplus.com) to accept the invitation. The email invitation is valid for only a specified amount of time. The Master Account Manager can manage invites by logging into their account on the website (www.exxonmobilrewardsplus.com).
Special offers are sent to each individual account and may not be shared with other members in the Points Circle unless specified by the promotion. Premium Status is earned by each individual account and is not shared with other members in a Points Circle. However, multiple members in a Points Circle may individually receive an offer or earn Premium Status.
When you accept the invitation to join a Points Circle, you agree to share your first and last name and email with all current and future members of the Points Circle. Until you accept an invitation, your email address will be anonymized. The Master Account Manager is able to remove themselves from the Points Circle, but must designate a new Master Account Manager before doing so. All other Points Circle members have the ability to remove themselves from a Points Circle by visiting the website (www.exxonmobilrewardsplus.com) or by calling customer service (1-888-739-2730). If you wish to leave the Points Circle you have joined, the points that you have earned, but that have not yet been redeemed by the Points Circle, will be transitioned to your individual account.
The Master Account Manager is the only member in the Points Circle who has the ability to remove other Points Circle members by visiting the website or calling customer service. If a Master Account Manager chooses to remove a member, that member will be notified via email and the points that member earned that have not yet been redeemed by the Points Circle will be transitioned to an individual account.
13. Cancellation and Termination.
Satisfaction. Your satisfaction is of utmost importance, so if you have concerns, please call our help dek at 1-888-739-2730 and we will work to resolve your concerns.
Account Cancellation. You may cancel your Exxon Mobil Rewards+ account at any time by logging in at www.EMrewards.com and navigating to the My Account page or calling our customer service center at 1-888-739-2730. If you cancel your Exxon Mobil Rewards+ account, any Points in your Exxon Mobil Rewards+ account will immediately be voided, and cannot be used after you cancel your account.
Account Termination by Exxon Mobil Rewards+. We reserve the right to terminate your Exxon Mobil Rewards+ account at any time, or to modify or restrict your ability to use Points, immediately and without notice. We may do so for any reason, or no reason at all, including, but not limited to: if you violate these Terms, if you do not earn or use Points for one (1) or more years, if we determine that you are using your Exxon Mobil Rewards + account for purposes inconsistent with these Terms, or if you act in a manner that is inconsistent with applicable laws or regulations. If we terminate your account, any Points in your Exxon Mobil Rewards+ account will immediately be voided and cannot be used.
Termination of Entire Rewards Program by Exxon Mobil Rewards+. We may terminate or suspend the entire Exxon Mobil Rewards+ program at any time, in our sole discretion.
14. Modifications to these Terms. We may modify these Terms in any manner, at any time, in our sole discretion. Such changes may affect Points already received, including the opportunity to use such Points or their redemption rate. We will provide notice of modification on www.EMrewards.com and by posting the revised Terms at www.exxon.com/terms-conditions and updating the effective date. Be sure to check the website from time to time to ensure that you are aware of any changes to these Terms. Modifications to these Terms are effective immediately when posted. Except as set forth herein, modifications apply only to transactions and disputes that arise after the effective date. Your continued use of Exxon Mobil Rewards+ after changes have been made to these Terms constitutes your agreement to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, your only recourse is to cancel your membership.
15. Disclaimers and Limitation of Liability. ExxonMobil and its Sponsors make no guarantees, warranties or representations of any kind concerning the program or Points. All Points are void where prohibited by applicable laws or regulations, and these Terms are subject to immediate change if necessary to comply with such laws or regulations. You agree to release and hold harmless us, our affiliates, and any participating Sponsors from all liability regarding your earning and use of Points or your participation in Exxon Mobil Rewards+. The Exxon Mobil Rewards+ program is only available in English.
We make no representations or warranties, either express or implied, including, but not limited to: any implied warranty of quality, condition, merchantability, fitness for intended use or a particular purpose, or those arising by statute or otherwise in law or from a course of dealing or usage of trade regarding Exxon Mobil Rewards+ or the services, materials, or goods advertised, promoted, sold or otherwise made available through a Sponsor. You agree that your purchases of goods or services from a Sponsor are between you and them, are made at your own risk, and are subject to any additional terms, conditions and restrictions between you and them. We have no responsibility for the delivery, standard, quality, safety, use, suitability or any other aspect of any goods or services ordered or purchased, except where required by law. We refer to Sponsors in these Terms, which indicate various business relationships or associations and not legal relationships and are not indicitive of actual sponsorships; neither are actual legal partners or any other legal entity relation of ExxonMobil, its affiliates or the Exxon Mobil Rewards+ program.
Participating Sponsors or participating Sponsor locations may change at any time, and we may terminate or suspend Exxon Mobil Rewards+ relationship with any Sponsor without prior notice to you. A Sponsor that is no longer participating in Exxon Mobil Rewards+ may still appear on marketing materials despite no longer being associated with the program.
You acknowledge and agree that you have no ownership rights in Points or your Exxon Mobil Rewards+ account. You further acknowledge and agree that you have no third-party beneficiary rights in any agreement between us and any Sponsor, and that the only relationship created by these Terms is one between you and us.
Exxon Mobil Rewards+ cannot be used where prohibited by law. Exxon Mobil Rewards+ cannot be used outside the United States. If any term of this agreement is found by a court to be illegal or not enforceable, except as otherwise provided in the Dispute Resolution paragraph below, all other terms will still be valid and enforceable.
Limitation of Liability. Under no circumstances shall we, or any of our affiliates, or our or their vendors, or any Sponsor be liable to you for any indirect, incidental, consequential, special, exemplary or punitive damages, whether any claim is based on warranty, contract, tort (including, without limitation, negligence) or otherwise, even if any of them have been advised of the possibility of such damages. This limitation of liability shall apply however damages arise, including, without limitation, whether such damages are incurred by third parties, and/or whether such damages arise from transactions between you and a Sponsor, your use or misuse of Exxon Mobil Rewards+, your inability to use Exxon Mobil Rewards+, or the interruption, suspension, or discontinuation of Exxon Mobil Rewards+.
16. Governing Law. Texas law and federal law govern these Terms and any aspect of your relationship with us. These laws govern without regard to any conflicts of laws principles that would otherwise apply the substantive law of another jurisdiction.
17. Assignment. Except as expressly set forth herein, you may not sell, assign or transfer any Points you receive, any other aspect of your Exxon Mobil Rewards+ account, or any of your rights or obligations under these Terms, whether by operation of law or otherwise. We may sell, transfer, or assign the Exxon Mobil Rewards+ program, these Terms, or your Exxon Mobil Rewards+ account, in whole or in part, at any time, without notice to you. If we make such an assignment, the sole responsibility for the matters assigned, including any obligations to you, will lie with the party to which we make the assignment, and we will be released from any responsibilities or obligations.
18. DISPUTE RESOLUTION – AARP MEMBERS. THIS SECTION APPLIES ONLY TO AARP MEMBERS WHO ARE ALSO EXXON MOBIL REWARDS+ MEMBERS. Most customer concerns can be resolved by calling our customer service center at 1-888-739-2730. In the event that the customer service center is unable to resolve a complaint to your satisfaction, this section explains how AARP member claims can be resolved.
AARP members who are also members of the Exxon Mobil Rewards+ program agree that the sole and exclusive jurisdiction and venue for resolving all disputes between us shall be brought and decided in the federal or state courts located in Harris County, Texas. Each party irrevocably submits to the sole and exclusive jurisdiction of such courts in any such suit, action or proceeding.
19. DISPUTE RESOLUTION – NON-AARP MEMBERS. THIS SECTION DOES NOT APPLY TO AARP MEMBERS WHO ARE ALSO EXXON MOBIL REWARDS+ MEMBERS. NON-AARP MEMBERS SHOULD READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THROUGH INDIVIDUAL ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THESE TERMS.
Most customer concerns can be resolved by calling our customer service center at 1-888-739-2730. In the event that the customer service center is unable to resolve a complaint to your satisfaction, this section explains how claims can be resolved.
For this Dispute Resolution section: (a) “you” includes you, any person acting on your behalf including, if you are a minor, your parents and legal guardians; (b) “we” and “us” includes Exxon Mobil Rewards+, our Sponsors and any corporate parents, subsidiaries, affiliates or related persons or entities, and, if there is an assignment, the assignee and its corporate parents, subsidiaries, affiliates or related persons or entities; and (c) “claim” means any current or future claim, dispute or controversy relating to Exxon Mobil Rewards+, including these Terms, except for the validity, enforceability or scope of the arbitration provision. Claim includes but is not limited to: (1) initial claims, counterclaims, cross-claims and third-party claims; (2) claims based upon contract, tort, fraud, statute, regulation, common law and equity; and (3) claims by or against any third party using or providing any product, service, or benefit in connection with any Exxon Mobil Rewards+ account. You may not sell, assign or transfer a claim.
(a) EXCEPT AS EXPRESSLY PROVIDED BELOW, YOU AND EXXON MOBIL REWARDS+ ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. IF EITHER YOU OR WE CHOOSE TO ARBITRATE, THEN ANY CLAIM BETWEEN YOU AND US WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS.
(b)The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 17, available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of this section. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or by an in-person hearing. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. At any party’s request, the arbitrator will provide a brief written explanation of the award. The arbitrator’s award will be final and binding, except for any right of review provided by the FAA; however, any party will have 30 days to appeal the award by notifying the arbitration organization and all parties in writing. The organization will appoint a three-arbitrator panel to decide anew, by majority vote based on written submissions, any aspect of the decision objected to. Judgment upon any award may be entered in any court of competent jurisdiction. At your election, any in-person hearing will take place in the federal judicial district of your residence.
The arbitrator‘s authority will be limited to claims between you and us. Your claim may not be joined or consolidated with any other claim unless expressly agreed in writing between you and us.
You will be responsible for paying your share of any arbitration fees (including filing, administrative, hearing or other fees), but only up to the amount of the filing fees you would have incurred if you had brought a claim in court. We will be responsible for any additional arbitration or registration fees. If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award attorneys’ fees to you under the standards for fee shifting provided by law.
(c) We will not elect arbitration for any claim that you file in small-claims court as long as it is limited solely to your individual dispute or controversy, is pending only in that court and is within the scope of that court’s jurisdiction.
(d) In any dispute, NEITHER YOU NOR US WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator has no power to consider the validity, enforceability or scope of this class arbitration waiver.
(e) A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Our address for Notice is: ExxonMobil Oil Corporation, Attn: U.S. Loyalty Programs Manager, 22777 Springwoods Village Parkway, Houston, Texas, 77389 USA. The Notice must (1) describe the nature and basis of the claim or dispute; (2) specify the amount of money in dispute, if applicable; (3) identify the requested location if an in-person hearing is requested; and (4) set forth the specific relief sought. We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or us may commence an arbitration proceeding.
(f) You and us agree that the sole and exclusive jurisdiction and venue for resolving any disputes between us arising out of or related to the validity, enforceability or scope of this arbitration provision shall be in the federal or state courts located in Harris County, Texas. Each party irrevocably submits to the sole and exclusive jurisdiction of such courts in any such suit, action or proceeding. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining arbitration provisions shall nevertheless remain in full force and effect.
Exxon Mobil Rewards+™ App: Terms & Conditions
DATE OF LAST REVISION: September 3, 2019
A copy of this agreement is available at: https://www.exxon.com/en/terms-conditions
Nothing in this material is intended to override the corporate separateness of duly established local or legal entities. Working relationships discussed in this material do not necessarily represent a reporting connection but may reflect 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 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-venturer, and partner are used to indicate business relationships involving common activities and interests, and those words may not indicate precise legal relationships.
By accessing or using the ExxonMobil App, you agree to this Agreement, as updated from time to time. Accordingly, your use of the ExxonMobil App constitutes acceptance of this Agreement and gives rise to a binding legal agreement between ExxonMobil and you governing your use of the ExxonMobil App. PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS. PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU. BY USING THE EXXONMOBIL APP, YOU 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 EXXONMOBIL APP.
BY USING THE EXXONMOBIL APP, YOU HEREBY AGREE AND REPRESENT AS FOLLOWS:
1. I Understand that ExxonMobil May Change this Agreement.
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 ExxonMobil 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.exxon.com/en/terms-conditions. Your continued access or use of the ExxonMobil 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 ExxonMobil App and if you do not agree to the revised terms you will not be allowed to use the ExxonMobil App.
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 ExxonMobil App. In addition to ExxonMobil’s right to terminate your use of the ExxonMobil App as set forth below, your rights under this Agreement may 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 ExxonMobil App. In the event that your rights to use the ExxonMobil 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 ExxonMobil 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, Terminate or Restrict Use of the ExxonMobil App.
The ExxonMobil 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 ExxonMobil App without compensation to you, including, but not limited to (i) restricting the time all or any part of the ExxonMobil App is available, (ii) restricting the amount of permitted use of all or any part of the ExxonMobil App, and (iii) restricting or terminating any user's right to use all or any part of the ExxonMobil App, with or without notice; (b) charge fees in connection with the use of all or any part of the ExxonMobil App; (c) charge fees for upgrades to the ExxonMobil App; (d) modify or waive any fees charged in connection with all or any part of the ExxonMobil App; or (e) offer opportunities to some or all users of all or any part of the ExxonMobil 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 ExxonMobil App, in whole or in part, or of any service, content, or feature offered through the ExxonMobil App.
4. I Understand that the ExxonMobil App Belongs to ExxonMobil.
The ExxonMobil App (including, without limitation, any material, software, code, files, content, and images contained in or generated by the ExxonMobil App, accompanying data, and other embedded software, including third-party software (collectively, "ExxonMobil Content")), ExxonMobil 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 ExxonMobil App, ExxonMobil Content, ExxonMobil 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, Exxon Mobil Rewards+ and certain other brands, trademarks, and services marks (collectively, "ExxonMobil Marks") are marks of ExxonMobil and its affiliates. Not all marks of ExxonMobil will appear on the ExxonMobil App. Marks of third parties may appear on the ExxonMobil App when referring to those entities or their products or services. Third party marks displayed on the ExxonMobil 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 EXXONMOBIL 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 EXXONMOBIL 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 ExxonMobil App as provided in this Agreement.
Solely to enable your use of the ExxonMobil 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 ExxonMobil 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 ExxonMobil App. This license entitles you to install the ExxonMobil App on your personal mobile device and to use the ExxonMobil App subject to this Agreement; however, you may not make the ExxonMobil 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 ExxonMobil App. Any use of the ExxonMobil App in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, or distribution of the ExxonMobil App or copying or distribution of text, pictures, music, video, data, hyperlinks, displays, and other content provided by the ExxonMobil 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 ExxonMobil App.
Except for this limited, personal-use license, when you use the ExxonMobil 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 ExxonMobil App, ExxonMobil Content, User Content, or ExxonMobil Documentation.
6. I Understand that ExxonMobil May Collect Certain Information About Me When I Use the ExxonMobil App.
While using the ExxonMobil 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 ExxonMobil App, and any other information tied directly or indirectly to your device (" Device Information"). Your use of the ExxonMobil 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 ExxonMobil App Account.
When creating your user account for the ExxonMobil App, you will be given an opportunity to input information for one or more of your credit cards into the ExxonMobil App. You may select to link one or more of these stored credit cards to your ExxonMobil App user account. Upon making this selection, transactions made using the ExxonMobil App at participating ExxonMobil and Mobil service stations will be charged to your designated credit card, as applicable. Activation of this feature on the ExxonMobil App constitutes your authorization of all purchases made from your mobile device using the ExxonMobil App.
The ExxonMobil 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 ExxonMobil App. ExxonMobil further reserves the right to disable any credit cards already linked to your account at any time and for any reason.
8. Exxon Mobil Rewards+ ACH Payment Processing
Participation in Exxon Mobil Rewards+ ACH payment processing may allow you to enroll your banking account to pay for fuel purchased at participating Exxon or Mobil branded locations.
Please read this Agreement carefully (and retain a copy for your files) to understand how Exxon Mobil Rewards+ ACH payment processing works, as well as your rights and obligations. You may call us at 1-800-243-9966 to request that a copy of this Agreement be mailed to you.
You Agree. By enrolling in Exxon Mobil Rewards+ ACH payment processing and by clicking "Authorize" or equivalent language each time you use the Exxon Mobil Rewards+ ACH payment processing feature on the ExxonMobil App you agree to be bound by, and comply with, the terms of this Agreement, and you acknowledge and agree that clicking "Accept" or equivalent language at enrollment constitutes your binding electronic signature to this Agreement. You acknowledge and agree that any use of Exxon Mobil Rewards+ ACH payment processing constitutes acceptance of, and is subject to, the terms of this Agreement, and that this Agreement contains the entire and final agreement between you and us concerning Exxon Mobil Rewards+ ACH payment processing. You also agree to use Exxon Mobil Rewards+ ACH payment processing for only personal, family or household purposes and for the purposes described in this Agreement. We reserve the right to terminate this Agreement and your ability to use Exxon Mobil Rewards+ ACH payment processing if you violate any provision of this Agreement or use Exxon Mobil Rewards+ ACH payment processing for an improper purpose. YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THAT WE, OR OUR AUTHORIZED AGENT, TELECHECK, MAY RETRIEVE INFORMATION FROM YOUR DRIVER'S LICENSE, PERMIT OR STATE ISSUED IDENTIFICATION CARD, WHETHER BY VISUAL INSPECTION OR ELECTRONIC SCANNING, AS PART OF YOUR ENROLLMENT IN THE EXXON MOBIL REWARDS+ ACH PAYMENT PROCESSING PROGRAM, AND THAT WE MAY SHARE THIS INFORMATION WITH OUR SERVICE PROVIDERS. THE PURPOSE FOR RETRIEVING THIS INFORMATION, AMONG OTHER REASONS, IS TO VERIFY YOUR IDENTITY AND HELP PREVENT FRAUD. Before you use the Exxon Mobil Rewards+ ACH payment processing program, we may verify the information that you have given us or TeleCheck.
Business Days. You may use Exxon Mobil Rewards+ ACH payment processing to pay for fuel or car washes on any day during normal business hours at participating Exxon or Mobil branded locations.
Customer Service. If you need help or have questions about Exxon Mobil Rewards+ ACH payment processing, call us toll-free at 1-800-243-9966. Our customer service representatives are available Monday-Friday from 9 a.m. to 7 p.m. Eastern Time.
Eligibility. You are eligible to enroll in Exxon Mobil Rewards+ ACH payment processing if you are 18 years of age or older and maintain a bank account that may be used in connection ACH payment processing. If your designated bank account is closed, we may not complete Exxon Mobil Rewards+ ACH payment transactions and your Exxon Mobil Rewards+ ACH payment processing privileges may be canceled. To enroll in Exxon Mobil Rewards+ ACH payment processing, you must accept the terms of this Agreement and complete the Exxon Mobil Rewards+ ACH payment processing enrollment process. You must also provide us or TeleCheck with information about your bank account as required. You agree to promptly notify us of any changes in any information you provide to us by calling TeleCheck toll-free at 1-855-491-3080. Your enrollment information and required documents will be reviewed and approved by us or TeleCheck. We reserve the right to have your enrollment in the Exxon Mobil Rewards+ ACH payment processing program denied and to reject your use of Exxon Mobil Rewards+ ACH payment processing for any reason and in our sole discretion, whether based on information provided to us or from TeleCheck.
Information Accuracy; Credit Verification. You acknowledge and agree that any information you provide to us or TeleCheck is complete, true and accurate. You authorize us or TeleCheck to request and obtain, from time to time, consumer reports from consumer reporting agencies and other information about you from third parties (including, without limitation, information concerning your bank account, debit card or credit card) that we believe is helpful to determine your eligibility to participate in the Exxon Mobil Rewards+ ACH payment processing program, to complete requested transactions, or for any other legitimate business purpose.
Availability of Funds. You agree to maintain, and when you use Exxon Mobil Rewards+ ACH payment processing, you represent and warrant to us that you have sufficient available funds in your bank account to cover the total amount of a Exxon Mobil Rewards+ ACH transaction (including any cash back received and charges provided for in this Agreement). You agree that: (a) we may complete a Exxon Mobil Rewards+ ACH transaction even if that transaction overdraws your bank account; (b) we will not be liable to you if we do; and (c) you are responsible for any charges or interest that your bank may charge you if your bank account becomes overdrawn. You also agree that we may request that you immediately repay the amount in excess of your available balance or deposit immediately sufficient available funds in your bank account and suspend your use of Exxon Mobil Rewards+ ACH payment processing or terminate this Agreement. If we are unable to complete a Exxon Mobil Rewards+ ACH transaction for any reason associated with your bank account we will not notify you unless required by applicable law. In the event any Exxon Mobil Rewards+ ACH transaction is returned due to insufficient funds, you authorize us or TeleCheck to debit your account for the unpaid sale amount, plus all applicable fees as stated on point-of-sale signage or the notice provided to you at the time you authorized an ACH transaction from the App, or the maximum fee(s) allowed by state law. You further confirm you have read and understand the point-of-sale signage or the information provided to you pertaining to applicable fees for returned items, which may change from time-to-time as posted. You further understand that you have the right to revoke the authorization for the debiting of your account by EFT by calling Customer Service toll-free at 1-855-491-3080 or by sending a written notice of termination to: P. O. Box 6806, Hagerstown, MD 21741-6806. You further understand and agree that the representations contained in this paragraph apply to all bank accounts you may enroll in the Exxon Mobil Rewards+ ACH payment processing program. You agree that we have a reasonable period of time to comply with your request to terminate your authorization to debit your account for a purchase.
Returned Payment Fee. You agree to pay a returned payment fee in the amount shown on the point-of-sale signage or notice you receive when you use the App to make an ACH transaction at an Exxon or Mobil branded participating station. The fee varies depending upon which state you are making a purchase in when you are using the App. That fee will be deducted from your account electronically after the payment is returned unpaid.
Using Exxon Mobil Rewards+ ACH Payment Processing. You agree NOT to give access to the Exxon Mobil Rewards+ ACH payment processing program to any person or otherwise permit such person to use the Exxon Mobil Rewards+ ACH payment processing feature of the ExxonMobil App, and to take reasonable precautions to safeguard and keep such access secure. The Exxon Mobil Rewards+ ACH payment processing feature identifies and authenticates you to us or TeleCheck when you perform Exxon Mobil Rewards+ ACH payment processing transactions. You authorize us to rely on the Exxon Mobil Rewards+ ACH payment processing feature to identify you, and as signature authorization for any Exxon Mobil Rewards+ ACH transaction performed. You acknowledge and agree that, if you permit another person to use or give another person access to the Exxon Mobil Rewards+ ACH payment processing program, you are responsible for any Exxon Mobil Rewards+ ACH transaction performed, goods purchased or services obtained and charges incurred by such person, even if that person exceeds your authorization.
Documentation. Exxon Mobil Rewards+ ACH transactions will appear on your bank account statement, as applicable. Unless a point-of-sale terminal is not working properly, you can get a receipt each time you purchase goods or obtain services using Exxon Mobil Rewards+ ACH payment processing. You should save your receipts and check them against your bank account statement. If you have any questions, call Customer Service toll-free at 1-855-491-3080, or write to Customer Service at Attn: P. O. Box 6806, Hagerstown, MD 21741-6806. Any documentation provided to you that indicates that a Exxon Mobil Rewards+ ACH transaction was made is evidence of such transaction and constitutes proof that the transaction was made.
Unauthorized Use of Exxon Mobil Rewards+ ACH Payment Processing. If you believe that your access to the Exxon Mobil Rewards+ ACH payment processing is being or may be used without your permission, or someone has authorized or may authorize a Exxon Mobil Rewards+ ACH transaction without your permission, immediately call Customer Service toll-free at 1-855-491-3080, or write to us at P. O. Box 6806, Hagerstown, MD 21741-6806. You should also notify your bank, as applicable.
Bank Statements. We will not send you a periodic statement listing Exxon Mobil Rewards+ ACH transactions authorized using the ExxonMobil App. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE THE EXXON MOBIL REWARDS+ ACH PAYMENT PROCESSING PROGRAM, AND CHECK THEM AGAINST THE STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call Customer Service toll-free at 1-855-491-3080, or write to us at P. O. Box 6806, Hagerstown, MD 21741-6806.
Error Resolution. If you think your bank account statement is wrong or if you need more information about a Exxon Mobil Rewards+ ACH transaction listed on the statement, call Customer Service toll-free at 1-855-491-3080 or write us at P. O. Box 6806, Hagerstown, MD 21741-6806 as soon as you can.
Stop Payments. UNLESS OTHERWISE PROVIDED IN THIS AGREEMENT, YOU MAY NOT STOP PAYMENT OF A PAYMENT USING THE APP, THEREFORE, YOU SHOULD NOT EMPLOY ELECTRONIC ACCESS FOR PURCHASES OR SERVICES UNLESS YOU ARE SATISFIED THAT YOU WILL NOT NEED TO STOP PAYMENT. The fact that you initiate a purchase using the App from your bank account will, except as otherwise provided in this Agreement, effectively eliminate your ability to stop payment of the transfer.
Keeping You Informed of Changes. We may change any term or condition of this Agreement in our sole discretion and from time to time. Any such change will generally be effective immediately without notice to you unless we are required by applicable law to provide you with advance written notice of the proposed changes. In such instances, those changes will be effective immediately after we have provided you with the required advance written notice following the effective date stated in such notice. If you provide us or TeleCheck with your e-mail address, then you are consenting to allow us to provide you with any such written notice or any other required notices by e-mail sent to that e-mail address. If you do not agree to the changes, you may terminate this Agreement in accordance with the terms of this Agreement. You will be deemed to accept any changes to this Agreement if you continue to maintain or use the Exxon Mobil Rewards+ ACH payment processing program in connection with fuel and/or car wash purchases at participating Exxon or Mobil branded stations after the date on which the changes became effective. This Agreement may not be amended or modified orally.
Cancellation and Termination. We reserve the right to terminate this Agreement and cancel your participation in the Exxon Mobil Rewards+ ACH payment processing program for any reason and at any time without notifying you. You also have a right to terminate this Agreement and your use of Exxon Mobil Rewards+ ACH payment processing by calling Customer Service toll-free at 1-855-491-3080 or writing us at P. O. Box 6806, Hagerstown, MD 21741-6806. If you call, we may require you to put your request in writing and get it to us within 10 calendar days after you call.
If we or TeleCheck take any action to collect any amounts you owe under this Agreement, to enforce our rights under this Agreement (regardless of whether a lawsuit is filed), or to defend ourselves in a lawsuit brought by you where we are the prevailing party, you agree to reimburse us for our losses, liabilities, claims, fines, penalties, fees, costs and expenses (including, without limitation, attorneys' fees and litigation costs) of any kind, to the extent permitted by applicable law.
Any termination of this Agreement, whether initiated by you or us, will not affect any of your or our rights and obligations that have arisen before the effective date of termination of this Agreement. You will be responsible for all Exxon Mobil Rewards+ ACH transactions completed with the App or, even if we allow a transaction to be completed with the App after this Agreement has been terminated.
Purchases. WE DO NOT MAKE, AND WE HEREBY DISCLAIM, ANY WARRANTIES REGARDING EXXON MOBIL REWARDS+ ACH PAYMENT PROCESSING, THE USE OF THE EXXON MOBIL REWARDS+ ACH PAYMENT PROCESSING PROGRAM OR ANY GOODS OR SERVICES PURCHASED THEREWITH, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation on Liability. We will not be liable for any loss or damage you incur as a result of any dealings with, or services provided by your bank. IN NO EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF YOU ADVISE US OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
9. I Understand that I May Link Third Party Payment Methods such as Apple Pay to My ExxonMobil App Account.
These Terms and Conditions only address the terms and conditions that apply to your use of the ExxonMobil App. Apple, your wireless carrier, and other third party websites or services integrated in the Apple Payment Services have their own Third Party Agreements and you are subject to those Third Party Agreements when you give them your personal information, use their services or visit their respective sites. ExxonMobil is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of Apple's or any third party's products or services.
We are not responsible for, and do not provide, any support or assistance for any third party hardware, software or other products or services (including any Apple Payment Service or your Supported iOS Device). If you have any questions or issues with a third party product or service, including issues pertaining to the operation of your Supported iOS Device, please contact the appropriate third party in accordance with that third party's procedures for customer support and assistance. If you have any questions or issues pertaining to Apple Pay (other than questions or issues specific to the use of a Mobile Card), please contact Apple.
10. Any written correspondence we send to you, however, will be considered received by you within 3 calendar days of the date we mail the correspondence to you at your address as it appears in our records.
11. I WILL NOT USE THE EXXONMOBIL APP UNLESS I AGREE TO, AND FOLLOW, EACH OF THESE RULES:
A. User Accounts:
In order to use certain features of the ExxonMobil App, you are required to create a new account or sign in using credentials for an existing account by providing ExxonMobil with certain User Content or information, as requested by ExxonMobil, including your user name, email address, and a password you will use to access the ExxonMobil App and fully participate in the Exxon Mobil Rewards+ Loyalty Program. To make purchases using the ExxonMobil App, you must link your preferred payment method to your account. Note that by creating a user account with the ExxonMobil app, ExxonMobil will automatically enroll you in the Exxon Mobil Rewards+ Loyalty Program (see, terms here). 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 ExxonMobil 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 password or other account information with any other person= or let anyone else access my account.
(8) I will not use another person's account without permission.
(9) I will not solicit account information from other users or access another user's account.
(10) I will not sell, gift, or trade my account to any other person, and such transfer shall be null and void.
(11) 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.
(12) I will accept all risks of unauthorized access of my account.
(13) I will immediately notify ExxonMobil in writing of any unauthorized use of my account of which I become aware.
(14 I will contact my credit card company immediately if any unauthorized payments are made using the ExxonMobil App.
(15) 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.
(16) 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.
(17) I understand that ExxonMobil may disable, suspend, or terminate my account at any time in its sole discretion and without any notice to me.
(18) I understand that any violation of this Agreement may result in the termination of my ExxonMobil App account.
(19) 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 ExxonMobil App:
The safety of all ExxonMobil App users is important. In addition, ExxonMobil believes that all users and visitors benefit from basic rules regarding conduct while using the ExxonMobil App. Widespread use and enjoyment of the ExxonMobil 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 ExxonMobil App. Accordingly, you agree as follows:
(1) I will use the ExxonMobil App only for personal, non-commercial purposes.
(2) I will exercise caution, good sense, and proper judgment when using the ExxonMobil App.
(3) I will not upload or post any nude, partially nude, or sexually suggestive photos or other material using the ExxonMobil App.
(4) I will not harass, bully, abuse, threaten, or intimidate any other ExxonMobil App users.
(5) I will not use the ExxonMobil 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 ExxonMobil App or act in a way that negatively affects others' enjoyment of the ExxonMobil App.
(7) I will not use the ExxonMobil 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 ExxonMobil App being scammed or defrauded in any way in connection with such user's use of the ExxonMobil App.
(9) I will not use the ExxonMobil 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 ExxonMobil App or any software, hardware, equipment, or materials used in connection with the ExxonMobil 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 ExxonMobil App, spoof the ExxonMobil App, or modify any other software or website to imply falsely that the other software or website is associated with ExxonMobil or the ExxonMobil App.
(13) I will not collect user account information or User Content (as defined below), or otherwise access the ExxonMobil 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 ExxonMobil App, or otherwise stalk, repeatedly contact, or harass other ExxonMobil 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 ExxonMobil App.
(17) I will not manipulate the ExxonMobil App so as to hide my identity or my use of the ExxonMobil App.
(18) I will not violate any laws (including but not limited to copyright laws) in my use of the ExxonMobil App, and I will not use the ExxonMobil 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 ExxonMobil 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 ExxonMobil App in any manner.
C. Posting User Content:
The ExxonMobil 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 ExxonMobil App. By entering, posting, submitting, providing, or linking to User Content on or through the ExxonMobil App, however, you grant ExxonMobil and ExxonMobil hereby accepts a worldwide, perpetual, irrevocable, non-exclusive, transferrable, 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 ExxonMobil 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 ExxonMobil 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 ExxonMobil 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, EXXON MOBIL REWARDS+, 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 ExxonMobil 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 ExxonMobil App.
(13) I understand that ExxonMobil reserves the right to force forfeiture of 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 ExxonMobil 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 ExxonMobil App, and does not screen, monitor, edit, or review User Content before it becomes accessible on or through the ExxonMobil App. Accordingly, you may be exposed to content from other users that is offensive or objectionable.
D. Mobile Device Data Services:
The ExxonMobil App requires use of the internet to operate correctly, thus the quality and availability of the ExxonMobil App may be affected by factors beyond ExxonMobil's control. ExxonMobil does not accept responsibility for unavailability of the ExxonMobil App. Further, the terms of your agreement with your respective mobile network provider apply when using the ExxonMobil App. You may be charged by your mobile provider for access to network connection services for the duration of the connection while accessing the ExxonMobil App. All such charges are your responsibility. Further, you agree that your use of the ExxonMobil App is not contrary to any terms or conditions of coverage extended to you by your respective mobile network provider.
E. Games and Rewards Program:
The ExxonMobil App may offer, from time to time, access to various games and reward 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), or identify content that is created and shared by you with other players. Your use of any games or reward programs provided by the ExxonMobil App constitutes your acceptance of these terms.
In addition, ExxonMobil may make available (through the ExxonMobil 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 ExxonMobil 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.
F. Monitoring and Recording:
You acknowledge and agree that your telephone calls and other notices and communications you provide to us may be monitored and recorded for training and quality control purposes. We may, and you agree and authorize us to, monitor, record, retain and reproduce your telephone calls and any other notices and communications you provide to us, regardless of how transmitted to us, as evidence of your authorization to act in connection with Exxon Mobil Rewards+ and any payment method or any payment processing program within Exxon Mobil Rewards+ including without limitation the Exxon Mobil Rewards+ ACH payment processing program and any Exxon Mobil Rewards+ ACH transaction. We will not be liable to you or any third party for any losses or damages that are incurred as a result of these actions. We are not under any obligation to monitor, record, retain or reproduce such items, however, unless required to do so by applicable law.
To the extent permitted under applicable law, any written correspondence you send to us will not be effective until we receive and have had a reasonable opportunity to act on such correspondence. Any written correspondence we send to you, however, will be considered received by you within 3 calendar days of the date we mail the correspondence to you at your address as it appears on our records.
12. I Understand that the ExxonMobil App Contains Third-Party Software Components that are Governed by Additional Terms. While some additional third party terms are linked to herein, it is your responsibility to ensure that you understand the applicable third party terms, which can be updated or changed by said third party at any time.
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 ExxonMobil 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 ExxonMobil 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 ExxonMobil App, including, but not limited to, market analytics software, market intelligence software, and rewards program software, all of which may gather and report information about you in connection with your use of the ExxonMobil 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.
13. 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, and 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 by 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 embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. 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. Terms Specific to Google-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 Google LLC (“Google”) via the Google Play Store (each, a “Google-Enabled Application”):
(1) You and ExxonMobil acknowledge that this Agreement is concluded between you and ExxonMobil, and not with Google, and that ExxonMobil, not Google, is solely responsible for the Google-Enabled Application and the content thereof.
(2) You may not use the Google-Enabled Application in any manner that violates any of Google’s Terms of Service that may be applicable in the jurisdiction in which the Licensed Application was obtained; Google’s Terms of Service can be found at the following URL: https://play.google.com/intl/en_us/about/play-terms.html.
(3) You acknowledge that you have had an opportunity to review the “Terms of Service” and any other terms and conditions set forth for Licensed Applications in the Google Play Store terms and conditions and any other Google terms and conditions that may be applicable in the jurisdiction in which the Licensed Application was obtained.
C. Exxon Mobil Rewards+ Program and Promotions
Disclaimer: The ExxonMobil App allows you to participate in promotions provided from time-to-time. Such promotions are available only at participating Exxon and Mobil locations. If you participate in such promotions, the terms and conditions of such promotions shall apply to you and can be found in a link on the "Promotions" page of the ExxonMobil App.
D. 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 ExxonMobil App and/or the Exxon Mobil Rewards+ Program. Message and data rates may apply. You will have the option to set your preferences and opt-out of receiving such communications by logging in at www.EMrewards.com and navigating to the My Account page.
E. Liability and Warranty Disclaimer:
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE EXXONMOBIL 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 EXXONMOBIL APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EXXONMOBIL APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE EXXONMOBIL 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 EXXONMOBIL 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 EXXONMOBIL APP, WHICH THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE EXXONMOBIL APP OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE EXXONMOBIL 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 EXXONMOBIL APP, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE EXXONMOBIL 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 EXXONMOBIL 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. 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 ITS ESSENTIAL PURPOSE.
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE EXXONMOBIL 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 LOSSES, DAMAGES, LIABILITIES, CLAIMS, FINES, PENALTIES, FEES, COSTS, AND/OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, LITIGATION COSTS) ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE SERVICES PROVIDED UNDER THIS AGREEMENT ORIN RELATION TO YOUR USE OF THE EXXONMOBIL APP.
G. Global Availability / Export Controls:
The ExxonMobil App may be controlled and operated by ExxonMobil from various offices in the United States. ExxonMobil makes no representation that the ExxonMobil 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 ExxonMobil App by persons or from countries sanctioned by the United States is specifically prohibited. Those who access the ExxonMobil App do so on their own and are responsible for compliance with all applicable United States and local laws. You may not export or re-export the ExxonMobil App, information, or materials accessed on or described in the ExxonMobil App 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 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, or the United States 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 ExxonMobil App.
H. Policy Concerning Children:
The ExxonMobil App, games, and other functions of the ExxonMobil 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 ExxonMobil App is prohibited for children under the age of 13, and children under the age of 13 should not use the ExxonMobil 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 ExxonMobil App. ExxonMobil abides by federal law and guidelines set up by the Federal Trade Commission regarding youth privacy and the Children's Online Privacy Protection Act (COPPA). Although the ExxonMobil App may contain information or provide services that may be of interest to children, the ExxonMobil 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.
I. Limitations on Use of the ExxonMobil App:
Some Exxon and Mobil locations in the United States accept payment through the ExxonMobil App. Certain locations, however, may not permit you to use the ExxonMobil App for payment, including those in Puerto Rico, Guam, and those outside the continental United States. For an up-to-date list of stores that accept the ExxonMobil App, go here. We reserve the right not to accept any use of the ExxonMobil App or otherwise limit use of the ExxonMobil App if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.
J. Liability for Unauthorized Transactions:
Because the ExxonMobil App can be used like cash for purchases at Exxon and Mobil locations, you are responsible for all transactions associated with the ExxonMobil App including unauthorized transactions. If your mobile device is lost, stolen or destroyed, please contact your credit card company immediately.
K. Anonymous User Content:
In some cases, the ExxonMobil 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 ExxonMobil App user name; however, ExxonMobil still collects and retains the ExxonMobil App user names associated with anonymous actions and if you violate this Agreement or applicable law, ExxonMobil reserves the right to disclose your ExxonMobil App user name or take other actions such as disabling your account or your ability to make anonymous posts.
M. 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.
N. Disputes, Forum, and Governing Law:
The Agreement is governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules, and the United States of America. 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 Southern District of Texas, Houston 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 District Court for Harris County, Texas, for the exclusive resolution of that dispute and submit to the jurisdiction of that court. The unenforceability 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.
O. User Disputes:
You are solely responsible for your interactions with other ExxonMobil 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 ExxonMobil 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 ExxonMobil 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 ExxonMobil App. IN THE EVENT THAT YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU MAY NOT ACCESS OR USE THE EXXONMOBIL APP FOR ANY PURPOSE.
Q. Other Legal Notices:
The ExxonMobil 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.
R. How to Contact Us:
If you have any questions or concerns about the ExxonMobil App you may contact us at:
Exxon Mobil Rewards+ Consumer Care
95 Foundry St.
Moncton, NB, Canada E1C 5H7