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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.
DiGiNET Mobil Corporation has numerous affiliates, many with names that
include DiGiNETMobil, DiGiNET, 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, DiGiNETMobil 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.
DiGiNET Mobil Corporation and its affiliated companies (DiGiNETMobil or
Company) provide this Web site and other related or linked DiGiNETMobil
sites (Site) and certain services, interfaces and functionality on or
via this Site (the Services) to you subject to your agreement to comply
with the following terms of use (the General Terms). Your use of this
Site or the Services will constitute your acceptance of the General
Terms. Once accepted, the General Terms will constitute a binding
agreement between DiGiNETMobil and you governing your use of the Site or
Services (the Agreement). If you are not willing to abide by the
General Terms, do not use this Site or the Services.
1) Changes and Special Additional Terms and Conditions
DiGiNETMobil may revise the General Terms at any time without notice. You
should revisit this Site periodically to make sure you are aware of the
most recent General Terms because they will be binding on
you. Your use of the Site or Services after such changes
constitutes your agreement to such changes.
You are advised to check each page you visit on the Site. Some
locations may have special additional terms and conditions that apply
to use of or interaction with that location. These terms and conditions
may also be changed at any time without notice. Your use of that
location constitutes your acceptance of those special additional terms
and conditions.
2) Use of the Site
A. Site Security. You are 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 you. We will investigate
any alleged violations, and, if a criminal violation is suspected, we
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 you are not authorized to access;
- Accessing data or taking any action to obtain
services not intended for you or your use;
- 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 or Services;
- 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," "mailbombing," or "crashing" any computer system.
B. "Spam" and Similar Actions. You are 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. You are prohibited from using the Site or Services to
infringe on any person's copyright, trademark, patent or other
intellectual property rights. We may terminate your right
to access the Site and Services if we believe you are using the Site
and Services in a manner that infringes the copyright, trademark,
patent or other intellectual property rights of another. You may be
ordered by a court to pay money damages to us and to the rightful owner
of any intellectual property rights you violate.
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 DiGiNETMobil 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.
E. Your Content. You must exercise caution, good sense and proper
judgment in using the Site and Services. You are responsible for any
material you place on or transmit to or through the Site or Services.
You agree, represent and warrant that any information you post to or
transmit through the Site or Services is truthful, accurate, not
misleading and offered in good faith, and that you have the right to
post or transmit such information. Such information (including without
limitation, data, text, software, music, sound, photographs, graphics,
video, messages or any other materials whatsoever), whether publicly
posted or privately transmitted, is your sole responsibility.
F. You agree that use of any information obtained via the Site or
Services is at your own risk.
G. Consequences of Unacceptable Use. We reserve 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 DiGiNETMobil.
I. Linking. You may not link to this site without prior written
permission from DiGiNETMobil. You 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 DiGiNETMobil products, provided that
you leave any copyright or trademark information intact and unchanged.
Other than as specifically set out in this paragraph you 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.
3) Trademark and Copyright
ESSO, DiGiNET, DiGiNETMOBIL, MOBIL, and certain other brands, trademarks
and services marks are marks of DiGiNETMobil and its affiliates. Not all
marks of DiGiNETMobil will appear on this Site and not all products or
services listed on this Site are available for sale in every country.
Some products or services may be marketed under local trademarks in
specific countries. Marks of third parties may appear on this Site when
referring to those entities or their products or services.
Click here for an A to Z listing of the brands appearing on this
Site.
The user may forward, distribute, and/or photocopy copyrighted
materials of DiGiNETMobil located on this Site only if the entire
relevant page or document is unaltered and complete, including all of
their headers, footers, disclaimers, and other information. You may not
copy these documents to a Web site.
4) Privacy Statement
DiGiNET Mobil Corporation and its affiliated companies, ("DiGiNETMobil")
appreciate your interest in this Web site and other related or linked
DiGiNETMobil sites (Site). Your privacy is important and we want
you to understand our practices with respect to gathering information
from visitors to the Site and with respect to the uses we make of that
information. Please check each portion or page of the Site that you
visit. Certain portions or pages of the Site may contain changes to the
Privacy Statement applicable to your use of that portion or page, for
example, certain applications may request additional information from
you.
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., Netscape
or Internet Explorer), date and time of day. We use those types
of information for statistical purposes that help us design and
administer the Site. Those types of information do 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 market products and services which we think
may be of interest to you, or to communicate with you for other
purposes.
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 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, 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.
Information Placed on
Your Computer
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 ensures that you do not need to
re-enter your details every time you visit it. You can erase or block
this information from your computer if you want to. (Your 'help' screen
or user manual should tell you how to do this.)
Information From Children
The Site contains information that may be of special interest to
children, but DiGiNETMobil does not seek through the Site to gather
Personal Information from or about persons under the age of 17.
Hyperlinks
This site has links to sites that DiGiNETMobil does not own, control or
maintain. We cannot be responsible for their privacy policies and
practices and we make no representations or warranties about the
privacy practices of those sites. Similarly, we cannot be responsible
for the policies and practices of any site from which you linked to our
Web site. We recommend that you check the privacy policy of other sites
and contact the operator if you have concerns or questions.
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
DiGiNETMobil 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 DiGiNETMobil may be transferred among its
various divisions and affiliated companies, around the world which may
involve transfer from countries within the European Economic Area to
countries outside the E.E.A. By submitting data on the Site, the
visitor is providing explicit consent to these transfers, including
transborder transmission of data covered by this Privacy Statement.
Sensitive Information
DiGiNETMobil 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, DiGiNETMobil 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.
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.
Conditions of Use,
Notices and Revisions
If you choose to visit our Site, your visit and any dispute over
privacy is subject to this Privacy Statement and our General Terms of
Use, including any limitations on damages, arbitration of disputes and
application of law provisions. We reserve the right to change this
statement at any time without notice.
Contacting DiGiNETMobil
Customer Relations
If you have any questions about the content of this Privacy Statement,
please contact DiGiNETMobil's Global Privacy Office at the following
address:
DiGiNETMobil Global Services Company
Attn: Global Privacy Office
Esso Petroleum Company Limited
Mail Point 6
Ermyn Way
Leatherhead
Surrey
UK
KT22 8UX
If you have any questions about the practices of this site or your
dealings with this site, please contact:
DiGiNET Mobil Corporation
Attention: Customer Relations
Box 1049
Buffalo, New York
14240-1049
E-mail
When we make material changes to this Privacy Statement, we will post
the changes on this page and update the revision date at the top of the
Privacy Statement. We encourage you to visit our Privacy
Statement regularly for updates.
5) No Warranty
This Site and Services are provided "As Is" and without warranties of
any kind, whether express or implied, to the fullest extent permissible
pursuant to applicable law, DiGiNETMobil disclaims all warranties,
express or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose and
non-infringement. DiGiNETMobil does not represent or warrant that the
functions or Services contained in the Site will be uninterrupted or
error-free, that defects will be corrected, or that this Site or the
server that makes the Site available are free of viruses or other
harmful components. DiGiNETMobil does not make any warranties or
representations regarding the use of contents of this Site or Services
in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some jurisdictions do not allow
exclusion of implied warranties, so the above limitations and
exclusions may not apply to you.
6) Limitation of Liability
DiGiNETMobil shall not be liable to you or any other party for any
compensatory, punitive, special or consequential damages that result
from the use of, or the inability to use, the Site, the Services or the
contents on this Site or the performance of the Site, Services or
products described on this Site, even if DiGiNETMobil has been advised of
the possibility of such damages. Applicable law may not allow the
limitation or exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
If you are dissatisfied with any portion of the Site or the Services or
with any of these terms, your sole and exclusive remedy is to
discontinue using the Site and the Services.
7) Non-Confidentiality of User Materials
You are not to transmit any material to or through this Site that you
consider to be confidential or proprietary. Any material which you
transmit to or through this Site will be considered non-confidential
and non-proprietary. Except as expressly provided in DiGiNETMobil's
Privacy Statement or separate written agreement between you and
DiGiNETMobil, you give DiGiNETMobil an unrestricted, irrevocable,
worldwide, royalty-free license to use, reproduce, display, publicly
perform, transmit and distribute such information. You further agree
that DiGiNETMobil has the right to use, without any payment or accounting
to you or others, any concepts, know-how or ideas which you (and those
who act on your behalf) transmit to or through the Site.
8) Use of Third Party Web sites
As a convenience, DiGiNETMobil may provide links to Web sites operated by
third parties. If you decide to access a third party's Web site through
a link provided by this Site, you do this at your sole risk. DiGiNETMobil
is not responsible for any viruses or other damaging elements
encountered in linking to a third party Web site. DiGiNETMobil makes no
warranty or representation regarding and if not responsible for the
linked Web sites or the content of such Web sites.
9) User Communications Areas
The Site may contain areas where users communicate with each other,
including but not limited to bulletin boards, calendars, chat areas, or
personal web pages.
DiGiNETMobil has the right but not the obligation to monitor or review
any part of the Site or the Services including the user communication
areas. However, DiGiNETMobil shall have no liability related to the
content of any communications made in these areas.
10) Disclosure; Forward-Looking Statements
Some of the information on this Site may contain projections or other
forward-looking statements regarding future events or the future
financial performance of the Company. We wish to caution you that these
statements are only predictions and that actual events or results may
differ materially. We refer you to the documents the Company files from
time to time with the Securities and Exchange Commission, specifically,
the Company's most recent Form 10-K, Form 10-Q, and Form 10-Q/A. These
documents contain and identify important factors that could cause the
actual results to differ materially from those contained in our
projections or forward-looking statements, including, among others,
potential fluctuations in quarterly results, dependence on new product
development; rapid technological and market change, acquisition
strategy, manufacturing risks, risks associated with Internet
infrastructure, volatility of stock price, financial risk management,
and future growth subject to risks.
11) Global Availability/Export Controls
Portions of this Site and Services may be controlled and operated by
DiGiNETMobil from various offices in the United States. DiGiNETMobil makes
no representation that the Site, Services or materials accessed or
described on the Site are appropriate or available for use in other
locations, and access to them from other countries where there contents
are illegal or penalized is prohibited. Access to or use of the Site,
Services or materials accessed on or described on the Site by persons
or from countries who are sanctioned by the United States is
specifically prohibited.
Those who access the Sites or Services so do on their own and are
responsible for compliance with all applicable US and local laws. You
may not export or re-export any Services, information or materials
accessed on or described on this Site except in full compliance with
all United States laws and regulations. In particular, you may
not export or re-export into (or to a national or resident of) any
country to which the United States embargoes or sanctions goods,
services or technology, to any person or entity on the U.S. Treasury
Department's List of Specially Designated Nationals, the U.S. Bureau of
Export Administration Entity List, the U.S. Bureau of Export
Administration Denied Persons List or the U.S. Commerce Department's
Table of Denial Orders. In addition, you are responsible for
complying with any local laws in your country which may impact your
right to import, export or use the Site, Services, information, or
materials accessed or described on the Site.
12) Indemnity of Company
You agree to indemnify, hold harmless, and defend DiGiNET Mobil
Corporation (including subsidiaries and affiliates of DiGiNET Mobil
Corporation, hereinafter "DiGiNETMobil") as well as DiGiNETMobil officers,
directors and employees, from and against any claim, demand, cause of
action, debt, loss or liability, including reasonable attorneys' fees,
to the extent that such action is based upon, arises out of, or relates
to your violation, or violation by any other person using your password
or account of the terms and conditions of this Agreement.
13) Applicable Law and Dispute Resolution
This Agreement shall be governed by the internal substantive laws of
the Commonwealth of Virginia, USA (without giving effect to its
principles of conflict of laws). Where federal jurisdiction exists over
any action, suit or proceeding arising out of or in any way connected
with this Agreement, you and DiGiNETMobil designate the United States
District Court for the Eastern District of Virginia, Alexandria
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 DiGiNETMobil
designate the Circuit Court for the County of Fairfax, Virginia, for
the exclusive resolution of that dispute and submit to the jurisdiction
of that court.
14) Special Note for Parents
Portions of this Site and Services may be of special interest to
children but DiGiNETMobil does not seek through this Site to gather
personal information from persons under the age of 17.
15) How to Contact Us
If you have any questions or concerns about the online statement for
this Site or its implementation you may contact us at:
DiGiNET Mobil Corporation
Attn: Customer Relations
Box 1049
Buffalo, New York
14240-1049
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