Speedpass+™App: Terms of Use Agreement  

Agreement Date and Version :

DATE OF LAST REVISION: May 15, 2016

A copy of this agreement is available at: https://www.exxon.com/en/terms-of-agreement

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.

Exxon Mobil Corporation and its affiliated companies ("ExxonMobil" or "we", "us", or "our") are pleased to give you (also referred to herein as "I") access to the Speedpass+ Application (the "Application") along with other related or linked websites, applications, services, interfaces, tools, games, quizzes, payment platforms, software, and other functionality provided on or through this Application (collectively, the "ExxonMobil App") subject to your agreement to comply with these General Terms, our Privacy Policy (accessible here ), and the Additional Terms and Conditions (accessible here) (collectively "the Agreement"). In the event of any conflict between these General Terms and the Additional Terms and Conditions, the General Terms shall govern and supersede the Additional Terms and Conditions. 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. 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. 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 www.speedpassplus.com/terms. 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. Your rights under this Agreement will terminate automatically without notice from ExxonMobil, if you fail to comply with any of the terms, conditions, or guidelines of this Agreement. Upon the termination of this Agreement, you shall cease all use of the 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 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, SPEEDPASS, 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. Speedpass+ ACH Payment Processing

Welcome to Speedpass+ ACH payment processing. This Terms of Use Agreement is between Exxon Mobil Corporation and you, our valued customer, and those who are authorized by you to use your Speedpass+ application, which you can download to your device (the "App").

Participation in Speedpass+ ACH payment processing allows 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 Speedpass+ 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 Speedpass+ ACH payment processing and by clicking "Authorize" each time you use the Speedpass+ ACH payment processing feature on the app you agree to be bound by, and comply with, the terms of this Agreement, and you acknowledge and agree that clicking "Accept" at enrollment constitutes your binding electronic signature to this Agreement. You acknowledge and agree that any use of Speedpass+ 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 Speedpass+ ACH payment processing. You also agree to use Speedpass+ 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 Speedpass+ ACH payment processing if you violate any provision of this Agreement or use Speedpass+ 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 SPEEDPASS+ 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 Speedpass+ ACH payment processing program, we may verify the information that you have given us or TeleCheck.

Business Days . You may use Speedpass+ 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 Speedpass+ 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 Speedpass+ 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 Speedpass+ ACH payment transactions and your Speedpass+ ACH payment processing privileges may be canceled. To enroll in Speedpass+ ACH payment processing, you must accept the terms of this Agreement and complete the Speedpass+ 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 Speedpass+ ACH payment processing program denied and to reject your use of Speedpass+ 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 Speedpass+ 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 Speedpass+ 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 Speedpass+ ACH transaction (including any cash back received and charges provided for in this Agreement). You agree that: (a) we may complete a Speedpass+ 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 Speedpass+ ACH payment processing or terminate this Agreement. If we are unable to complete a Speedpass+ ACH transaction for any reason associated with your bank account we will not notify you unless required by applicable law. In the event any Speedpass+ 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 Speedpass+ 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 Speedpass+ ACH Payment Processing . You agree NOT to give access to the Speedpass+ ACH payment processing program to any person or otherwise permit such person to use the Speedpass+ ACH payment processing feature of the App, and to take reasonable precautions to safeguard and keep such access secure. The Speedpass+ ACH payment processing feature identifies and authenticates you to us or TeleCheck when you perform Speedpass+ ACH payment processing transactions. You authorize us to rely on the Speedpass+ ACH payment processing feature to identify you, and as signature authorization for any Speedpass+ ACH transaction performed. You acknowledge and agree that, if you permit another person to use or give another person access to the Speedpass+ ACH payment processing program, you are responsible for any Speedpass+ ACH transaction performed, goods purchased or services obtained and charges incurred by such person, even if that person exceeds your authorization.

Documentation . Speedpass+ 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 Speedpass+ 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 Speedpass+ ACH transaction was made is evidence of such transaction and constitutes proof that the transaction was made.

Unauthorized Use of Speedpass+ ACH Payment Processing . If you believe that your access to the Speedpass+ ACH payment processing is being or may be used without your permission, or someone has authorized or may authorize a Speedpass+ 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 Speedpass+ ACH transactions authorized using the 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 SPEEDPASS+ 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 Speedpass+ 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 Speedpass+ 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 Speedpass+ 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 Speedpass+ 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 Speedpass+ 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.

Confidentiality . In order that your privacy may be protected, neither we nor TeleCheck will disclose any information to third parties about you or your bank account, except in the situations noted below. Specifically, we or TeleCheck will disclose such information: (a) where it is necessary for completing Speedpass+ ACH transactions; (b) to persons authorized by law in the course of their official duties; (c) to a consumer reporting agency as defined by applicable state and federal law; (d) in order to comply with government agency or court orders, such as a lawful subpoena; (e) to our employees, auditors, service providers, attorneys or collection agents in the course of their duties; (f) in order to verify the condition and existence of your bank account for a third party, such as a credit bureau or merchant; (g) as disclosed in this Agreement or our Speedpass+ privacy policy located at speedpassplus.com; and (h) as otherwise permitted by law.

Purchases . WE DO NOT MAKE, AND WE HEREBY DISCLAIM, ANY WARRANTIES REGARDING SPEEDPASS+ ACH PAYMENT PROCESSING, THE USE OF THE SPEEDPASS+ 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.

When creating your user account for the ExxonMobil App, you may be given an opportunity to add a third party payment method such as Apple Pay into the ExxonMobil App. You may select to link this payment method 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 third party payment method such as your Apple Pay account, 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. You acknowledge that different terms of use and privacy policies may apply to your use of such third party payment methods. ExxonMobil does not endorse such third party payment methods and in no event shall ExxonMobil be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the ExxonMobil App using software applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the ExxonMobil App. Your access to payment methods using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

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.

Governing Law. This Agreement shall be governed by and interpreted according to the laws of the State of Texas and, to the extent applicable, the laws of the United States. 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 register by providing ExxonMobil with certain User Content, as requested by ExxonMobil, including your user name, email address, and a password you will use to access the ExxonMobil App. ExxonMobil reserves the right to refuse registration or cancel a user name or an account, in its sole discretion. Accordingly, you agree as follows:

(1) I am over the age of 13.

(2) If I am between the age of 13 and 18, I have obtained the prior approval of my parent or guardian before using the 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 account information with any other person.

(8) I will protect the confidentiality of my password.

(9) I will not share my password or let anyone else access my account.

(10) I will not use another person's account without permission.

(11) I will not solicit account information from other users or access another user's account.

(12) I will not sell, gift, or trade my account to any other person, and such transfer shall be null and void.

(13) I will take responsibility for all activities that occur under my account and for all User Content (defined below) (including, for example, photos, text, information, ratings, reviews, and links) posted using my account.

(14) I will accept all risks of unauthorized access of my account.

(15) I will immediately notify ExxonMobil in writing of any unauthorized use of my account of which I become aware.

(16) I will contact my credit card company immediately if any unauthorized payments are made using the ExxonMobil App.

(17) I understand that although ExxonMobil will not be liable for my losses caused by any unauthorized use of my account, I may be liable for the losses of ExxonMobil or others due to the unauthorized access and use of my account.

(18) I understand and agree that I have no property rights or ownership interests in and to my account, and I understand that all rights to my account belong to ExxonMobil.

(19) I understand that ExxonMobil may disable, suspend, or terminate my account at any time in its sole discretion and without any notice to me.

(20) I understand that any violation of this Agreement may result in the termination of my ExxonMobil App account.

(21) If my account is disabled, suspended, or terminated by ExxonMobil, I will not create another one without ExxonMobil's express permission.

B. Safe Use of the 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 Exxon 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, SPEEDPASS, and certain other brands, trademarks, and services marks that are the property of ExxonMobil) without ExxonMobil's permission.

(11) I understand that ExxonMobil can, in its sole discretion, monitor User Content that I and other users enter, post, submit, provide, or link to using the 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:

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 Speedpass+ and any payment method or any payment processing program within Speedpass+, including without limitation the Speedpass+ ACH payment processing program and any Speedpass+ 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.

G. Correspondence:

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.

11. I Understand that the ExxonMobil App Contains Third-Party Software Components that are Governed by Additional Terms.

The ExxonMobil App incorporates a Google product called Google Maps API for Business or "Google Maps." Google Maps will help end users like you locate Exxon and Mobil gas stations using the ExxonMobil App, and may provide other features and services through the ExxonMobil App. The way it works, generally, is the ExxonMobil App will send Device Information and, in some instances, User Content, including information about your location, to Google (including cached data). Google will then be able to display, through the ExxonMobil App, nearby Exxon and Mobil gas stations. Google may use the information we provide through the ExxonMobil App in various ways. To understand how Google may use that information, make sure you read the Google Privacy Policy.

By using the Google Maps features, you are agreeing to the Google Privacy Policy, which is different from ExxonMobil's Privacy Policy. In addition, you are agreeing to several other Google terms and conditions, including, but not limited to: the Google Maps API for Business - Purchase Agreement (this is actually an agreement between Google and ExxonMobil; however, it is important to read this agreement, because it addresses you and applies to you, the "end user"), the Google Acceptable Use Policy, the Google Play Legal Information, the Google Maps Terms, and the Google Terms of Service. These agreements may reference other agreements; in the event that they do, those other agreements apply to you as well. The above terms explain prohibited uses of Google Maps which you must respect, in addition to other important restrictions and notices. Importantly, any breach of any Google agreement or guideline or policy referenced above is also a breach of this Terms of Use Agreement.

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.

The Site may also contain links to other sites, applications, or content, which may appear to be embedded into the Site. Your use of such other sites, applications, or content is subject to the terms of use, if any, governing the use of such sites, applications, or content. ExxonMobil is not able to control these third party sites, applications, or content, and assumes no responsibility for their subject matter, privacy policies, or practices. If there is any conflict between this Agreement and any terms or notices set forth with respect to any sites, applications, or content provided by any third parties, then the terms of such third party sites, applications, or content will control your use of such sites, applications, or content. Please review the terms of use for each third party provider of sites, applications, or content so that you understand all of the terms that will apply. By using the ExxonMobil App, you expressly relieve ExxonMobil from any and all liability arising from your use of any third-party sites, applications, or content.

12 . 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. Speedpass+ Earn Program and Promotions

Disclaimer: The ExxonMobil Speedpass+ 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 Speedpass+ App.

C. 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 Speedpass+ Earn Program. You will have the option to opt-out of receiving such communications when you register to use the ExxonMobil App.

D. 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.

E. Indemnification:

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.

F. 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.

G. 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.

H. 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.

I. 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.

J. 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.

K. Privacy Policy:

Any information that ExxonMobil may collect from you during your use of the ExxonMobil App is subject to our Privacy Policy, which is a part of this Agreement. We encourage you to read and understand our Privacy Policy, which can be accessed here .

L. 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.

M. 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.

N. 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.

O. Miscellaneous:

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.

P. 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.

Q. How to Contact Us:

If you have any questions or concerns about the Speedpass+ App you may contact us at:

Speedpass + Consumer Care

95 Foundry St.

Moncton, NB, Canada E1C 5H7













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