MOBIL SERV LUBRICANT ANALYSIS SERVICE WEB SITE TERMS AND CONDITIONS OF USE
ExxonMobil Fuels, Lubricants & Specialties Marketing Company, a division of ExxonMobil Corporation (U.S.) and the affiliates it stewards worldwide, welcomes you to the Mobil Serv Lubricant Analysis Web Site (the "Site") of exxonmobil.com, the World Wide Web Internet Site of ExxonMobil Fuels, Lubricants & Specialties.
The Site enables ExxonMobil customers, which are users of Mobil Serv Lubricant Analysis Services (“User”), to access their oil analysis program information via the World Wide Web upon registration. User may refer to the person accessing the Site, to the corporate entity that you represent, or to both, depending upon the circumstances.
Mobil Serv, Exxon, Esso, Mobil, ExxonMobil and certain other brands, trademarks and service marks are marks of Exxon Mobil Corporation or one of its affiliates.
ExxonMobil Fuels, Lubricants & Specialties Marketing Company provides this Web site and certain communication services, interfaces and functionality on or via this Site to you subject to your agreement to comply with the following Terms and Conditions of use (Part I).
The lubricant analysis services will be provided by ExxonMobil Oil Corporation in the United States or by the applicable ExxonMobil affiliate that provides lubricant products and services to customers in the applicable jurisdiction.1 These services are subject to your agreement to comply with the following Terms and Conditions of use (Part I and II). The Terms and Conditions of use constitute a binding agreement between ExxonMobil and User governing use of the site and the services (the “Agreement”). If User is not willing to abide by the Terms and Conditions of use, do not use this site or the services.
Nothing in this material is intended to override the corporate separateness of local entities. Working relationships discussed in this material do not necessarily represent a reporting connection, but may reflect a functional guidance, stewardship, or service relationship. Where shareholder consideration of a local entity matter is contemplated by this material, responsibility for action remains with the local entity.
Exxon Mobil Corporation has numerous affiliates, many with names that include ExxonMobil, Exxon, Esso and Mobil. For convenience and simplicity in this Web site, 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.
ALL USERS! BEFORE ACCESSING THIS SITE PLEASE READ THE FOLLOWING NOTICES, "TERMS, AND CONDITIONS" CAREFULLY AS THEY GOVERN YOUR USE OF THIS SITE AND SERVICES AND ANY AVAILABLE MATERIAL.
Part I –The use of the Mobil Serv Lubricant Analysis website
1) Terms and Conditions of Use
By accessing, viewing, or using the material available on or through this Site, you, the User, indicate that you understand and intend these Terms and Conditions of use to be the legal equivalent of assigned, written contract, and equally binding, and that you accept such Terms and Conditions of use and agree to be legally bound by them. If you do not agree to these terms, immediately discontinue your use of this Web Site. Exceptive accepted in writing by ExxonMobil, ExxonMobil will not accept any other terms and conditions.
Please note that ExxonMobil reserves the right to change, without notice, the terms, conditions, and notices under which this Site is offered to you. If you do not agree with these Terms and Conditions of use, you are not granted permission by ExxonMobil to access or use this Site.
These Terms and Conditions of use supersede the General Terms and Conditions, which governs the ExxonMobil portal (www.exxonmobil.com).
2) Use of the Site
A. Site Security. The User is prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result in criminal and civil liabilities to the User. ExxonMobil will investigate any alleged violations, and, if a criminal violation is suspected, ExxonMobil will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include, without limitation, the following:
- Logging into or attempting to log into a server or account that the User is not authorized to access;
- Accessing data or taking any action to obtain services not intended for the User or the use of the User;
- Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
- Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the Site;
- Interfering with, intercepting or expropriating any system, data or information; or
- Interfering with service to any user, host, or network including, without limitation, by means of overloading, "flooding "mail bombing," or “crashing" any computer system.
B. "Spam" and Similar Actions. The User is prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).
C. Infringement. The User is prohibited from using the Site or Services to infringe on any person's copyright, trademark, patent or other intellectual property rights. ExxonMobil may terminate your right to access the Site and Services if we believe you are using the Site and Services in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another. The User may be ordered by a court to pay money damages to ExxonMobil and to the rightful owner of any intellectual property rights you violate.
D. Other Prohibited Actions. In using the Site or Services, you must not:
- Post, e-mail, or otherwise transmit or use the Site or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person's privacy or other rights, or any material that ExxonMobil in its sole discretion does not wish posted or transmitted on the Site and Services;
- Continue to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you;
- Engage in and/or encourage conduct that would: 1) violate any applicable law or regulation or 2) give rise to civil liability;
- Engage in conduct which could damage or impair the intended operability of the Site or the Services.
- Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting;
- Engage in deceptive online marketing; or
- Assist or permit any persons in engaging in any of the activities described above.
F. The User agrees that use of any information obtained via the Site or Services is at your own risk.
G. Consequences of Unacceptable Use. ExxonMobil reserves the right (but not the obligation) in our sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the Site and Services upon a violation or attempted violation of this Agreement. 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 which violate this Agreement if such use of another company's service could reasonably be expected to adversely affect the Site and Services any manner.
H. No Licensing. By your use of the Site or the Services you receive no license, express or implied, under any patent rights or trade secret rights now or hereafter, owned, controlled or possessed by ExxonMobil.
I. Linking. The User, or a third party acting on behalf of the User, may not link to this site without prior written permission from ExxonMobil. The User may download and print one copy of content on this Site for your personal non-commercial use, or in connection with your purchase of any ExxonMobil products, provided that you leave any copyright or trademark information intact and unchanged. Other than as specifically set out in this paragraph the User may not copy (whether by printing off onto paper, storing on disk, placing on another site, downloading in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way any portion of this Site.
J. Third party use. In case the User passes on the use of this Site and Services to third parties, the Terms and Conditions of Use, which have been accepted by the User, remain applicable. The User will be held responsible and liable for all acts or handling of the third party related to the use of the Site and/or Services.
A. Information and Uses. When someone visits the Site, our web servers automatically gather information that allows the site to communicate with the visitor’s computer during the visit. We also track such information as the number of visits to the site, which parts of the site visitors select, IP address (the Internet address assigned to your computer from your Internet Service Provider), domain type, browser type (e.g., Firefox, Chrome or Internet Explorer), date and time of day. We use such information only for statistical purposes that help us design and administer the Site. This information does not disclose Personal Information that would permit us to identify or locate individual visitors.
Privacy concerns focus on Personal Information, that is, information that could identify a specific individual such as names, addresses, e-mail addresses, and telephone numbers. If during your visit you personalize the Site, complete an order form, enter a contest, or submit other information to us, you may provide us with Personal Information. We may collect and use that Personal Information to provide you with products or services, to bill you for products and services you request, to tell you about ExxonMobil products and services which we think maybe of interest to you, or to communicate with you for other purposes. For employees and contractors, personal Information may also be used to manage and provide training and to obtain course assessments and self-assessments concerning skills and competencies from participants in order to identify and enhance training activities.
As explained below in the section on Dissemination of Information to Third Parties, we do not distribute or sell Personal Information to third parties for the purpose of allowing them to market their products and services to you; moreover, as explained in the Opt Out/Modify Information section, we will make a reasonable effort to remove your Personal Information from our database in such a way that you will not receive future communications from us, if that is your wish. If you notify us that Personal Information previously submitted to our site is no longer accurate, we will make a reasonable effort to make appropriate corrections. To facilitate our efforts to meet your request, it would be helpful if you could let us know the context in which you provided Personal Information, e.g in connection with promotion of a specific product or service.
B. Information. We may store some information (commonly known as a "cookie") on your computer when you look at or use the Site. This information facilitates customizing your use of the Site and helps to avoid the need for you to re-enter your details every time you visit it. You can erase or block this information from your computer if you want to. (The ‘help’ screen in your browser or computer user manual should tell you how to do this.)
We use third-party advertising technology to provide ads when you visit sites upon which we advertise. This technology will not process any information that can be used to personally identify you, that is it will not include your name, address, or other personal information. When you access an ad, a "cookie" file will be stored on your computer. This information is used to help manage our on-line advertising. To learn more about the third-party ad-serving technology, cookies, and how to "opt-out" please click here.
C. Information From Children. The Site contains information that may be of special interest to children, but ExxonMobil does not seek through the Site to gather Personal Information from or about persons under the age of 18.
E. Dissemination of Information to Third Parties. Communicating via the Internet and sending information, products, and services to you by other means necessarily involves your Personal Information passing through or being handled by third-parties, but ExxonMobil does not sell or distribute your Personal Information to third parties for purposes of allowing them to market their products and services to you.
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, deliveries, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. They have access to Personal Information needed to perform their functions, but may not use it for other purposes.
Personal data collected by ExxonMobil may be transferred among its various divisions and affiliated companies, around the world. Such transfers may involve the transfer of Personal Information from countries within the European Economic Area to countries outside the E.E.A. By submitting data on the Site, the visitor provides explicit consent to these transfers, including transborder transmission of data covered by this Privacy Statement.
F. Data Transfers. We may transfer the Personal Information we collect about you to countries other than the country in which the information was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Privacy Statement.
If you are located in the E.E.A. or Switzerland, we comply with applicable legal requirements providing adequate protection for the transfer of Personal Information to countries outside of the E.E.A. or Switzerland. We have in place measures to ensure that recipients of Personal Information provide adequate protection to your information; these measures include, amongst others, contractual obligations for recipients to handle and protect the personal data in accordance with standard contractual clauses developed by the European Commission.
G. Sensitive Information. ExxonMobil does not seek any sensitive information from visitors to our Site, unless legally required to do so, for example, in connection with recruiting or hiring.
Sensitive information includes a number of types of data relating to: race or ethnic origin, political opinions, religious or other similar beliefs, trade union membership, physical or mental health, sexual life or criminal record. We suggest that you do not provide sensitive information of this nature. However, if you do provide such information, ExxonMobil accepts your explicit consent to use that data in the ways described in this Privacy Statement or in the ways described at the point where such information is disclosed.
H. Opt Out/Modify Information. You can request the removal or modification of your Personal Information by sending an e-mail to the appropriate area under "Contact Us". We will then make a reasonable effort to accommodate your request. As previously noted, it would be helpful to let us know the context in which you provided Personal Information.
J. Contacting ExxonMobil Customer Relations. If you have any questions about the content of this Privacy Statement, please contact ExxonMobil's Data Privacy Office at the following address:
ExxonMobil Global Services Company
Attn: Data Privacy Office
EssoPetroleum Company, Limited
4) Password Policy for Registered Users.
Use of certain portions of this Site requires both identifying information ("User I.D.") and a Password. Registered Users receive a unique sign-on "Password" from ExxonMobil that they can subsequently personalize. Using the User I.D. and Password, registered Users can access their oil analysis program information. You agree that the person using the User I.D. and Password is an authorized User and has the capacity and authority to place orders for your Company, view reports displayed on this Site and submit requests on behalf of your Company.
Anyone with knowledge of both your User I.D. and Password can gain access to this Site and the information that is available to the User. Accordingly, all Passwords must be kept secret. By agreeing to these Mobil Serv Lubricant Analysis Terms and Conditions, registered Users agree to be solely responsible for the confidentiality and use of their Password. Each Company using this Site agrees to take all reasonable steps to cancel its employees access to this Site by revoking his/her e-mail address when he/she leaves the employ of that Company or moves to a position where access to this site is no longer needed.
As a condition of use, all registered Users will also immediately notify ExxonMobil if they become aware of any loss or theft of their Password or any unauthorized use of their Password. Upon such notice, ExxonMobil will respond promptly to any requests for additions, changes, or deletions to the authorization of registered Users and will promptly reset any Passwords that may have been compromised.
5) Security of Communications on Internet
Please be advised that while ExxonMobil has endeavored to create a secure and reliable private site for its Users, the confidentiality of any communication or material transmitted to/from ExxonMobil via this Site or e-mail cannot be guaranteed. Accordingly, ExxonMobil is not responsible for the security of any information transmitted via the Internet, and the User assumes sole and complete risk for using this Site.
6) User Information: representations and warranties
It is important that the User Information you provide to ExxonMobil be reliable. Therefore, you hereby represent and warrant that your User Information:
(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent or involve the purchase or sale of counterfeit or stolen items;
(c) shall not infringe any third party's copyright, trademark or other proprietary rights or rights of publicity of privacy;
(d) shall not violate any law, statute, ordinance or regulation;
(e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) shall not, contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and
(g) shall not include descriptions of (or hyperlinks to) goods or services that (i) are prohibited by these terms; or (ii) you do not have legal right to link or include.
7) Disclaimer of Warranties.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE FOLLOWING TERMS SHALL APPLY: (A) THIS SITE AND ALL CONTENT AND MATERIALS (INCLUDING SAMPLE KITS) THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OR INDEMNITIES OF ANY KIND; (B) EACH PARTY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (i) THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, (ii) THAT SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR FREE, (iii) AS TO QUALITY OR RELIABILITY OF THE RESULTS OF ANY ANALYSIS, AND (iv) AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH THIS SITE BY OR ON BEHALF EXXONMOBIL, ANY USER OR THIRD PARTY.
8) Limitation of Liabilities.
IN NO EVENT SHALL EXXONMOBIL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, CONSEQUENTIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM INTERRUPTION OF USE, LOSS OF DATA, OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR USE OF THIS SITE.
9) Discontinuing Use
The User acknowledges and agrees that at any time and for any reason or no reason whatsoever, ExxonMobil may in its sole discretion terminate your access to this Mobil Serv Lubricant Analysis Web Site. If you wish to discontinue use of this Mobil Serv Lubricant Analysis Web Site, please contact your local ExxonMobil representative.
10) Applicable Law
This Agreement shall be governed by the internal substantive laws of the State of Texas, USA (without giving effect to its principles of conflict of laws). The User and ExxonMobil designate the United States District Court in Harris County, Texas for the sole and exclusive resolution of any dispute between them arising out of, in connection with, or relating to this Agreement, and submit to the jurisdiction of that court. All claims for any cause whatsoever, whether based in contract, negligence or other tort, strict liability, breach of warranty or otherwise, shall be deemed waived unconditionally and absolutely unless ExxonMobil receives notice of such claim no later than sixty (60) days from the date such claim arises.
Part II – Mobil Serv Lubricant Analysis oil analysis services
1) The Mobil Serv Lubricant Analysis General Terms and Conditions. All orders for lubricant analysis services placed through this Site and all services related to lubricant analysis provided will be governed these Mobil Serv Lubricant Analysis General Terms and Conditions, except to the extent there is an express conflict between these Terms and Conditions and the terms of a written agreement between User and the applicable ExxonMobil entity providing lubricant products or analysis services to that entity. To the extent of any such conflict, the written agreement between the two respective entities shall prevail over these Terms and Conditions.
2) Placing Orders for Lubricant Analysis Services and Submitting Samples. Orders for the lubricant analysis services are placed through this website by requesting Mobil Serv Lubricant Analysis-branded kit(s). The cost for lubricant analysis services may be invoiced by ExxonMobil, in its sole discretion, at any time after the placement of the order, and under no circumstance will ExxonMobil be obligated to provide a refund of any payment, including, without limitation, in the event the bottle is not returned to an ExxonMobil oil analysis lab. Payment terms will be as defined on the invoice. The prices for lubricant analysis services for ExxonMobil customers will be as set forth in a price list provided by ExxonMobil from time to time1. Requests for lubricant analysis on samples can then later be placed by submitting a Mobil Serv Lubricant Analysis-branded bottle with a Mobil Serv Lubricant Analysis bottle ID to an ExxonMobil oil analysis lab. ExxonMobil will make a reasonable attempt to analyze samples that are submitted; however, the submission of sample bottles does not create any obligation on ExxonMobil to complete an analysis if the bottle submitted is not a Mobil Serv Lubricant Analysis-branded bottle, if the product submitted is adulterated with water or any other contamination, if the product submitted is not a lubricating oil, if the bottle ID is missing, altered or defaced, if ExxonMobil is otherwise unable to identify to whom the sample is registered, or in the event that there are other mitigating circumstances that make it impracticable or impossible to complete the lubricant analysis, in each case in ExxonMobil’s sole discretion. In the event ExxonMobil provides analysis services under any of the foregoing circumstances, User acknowledges and agrees that (a) the analysis services initially requested may not be the analysis services actually provided, and (b) User may be charged additional fee(s) for services rendered, whether the services initially requested or other services deemed appropriate by ExxonMobil in its sole discretion in light of the circumstances. ExxonMobil is not responsible for mistakes in the order, non-delivery or late delivery due to failure, malfunction or mistake in the computing or communications equipment or the network used to transmit information relating to your order.
3) Result of Analysis. The results of any lubricant oil analysis provided hereunder shall be based upon the latest four samples submitted for analysis. ExxonMobil shall not be obligated to provide results in part (previous to the latest four samples) or in full containing sample result history either in hardcopy or electronic format.
4) Accuracy of Information. ExxonMobil will make every effort to provide accurate information in the Mobil Serv Lubricant Analysis Site. However, results and comments of the analysis are advisory only; the validity of the data may be impaired by a non-representative sample or incorrect data. For that reason, we make no representation or warranty of the accuracy, completeness or timeliness of the information on this Site.
1 If you have any doubts with regard to the contracting legal entity or the applicable price and payment terms for lubricant analysis services, please contact your ExxonMobil representative or see “contact us” on www.exxonmobil.com.