Effective Date: April 20, 2020
“CITGO Parties” means CITGO, its affiliates and their respective contractors, and its directors, officers, employees, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns, accountants, and attorneys (collectively, “CITGO Parties”).
YOU MAY NOT ACCESS OR USE THE SITE IF, AT ANY TIME, YOU DO NOT AGREE TO OR CANNOT COMPLY WITH ANY OF THESE TERMS AND CONDITIONS. CITGO OFFERS THE SITE TO YOU UPON CONDITION OF YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON YOUR REMEDIES. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND CITGO. In the event of a violation of these Terms and Conditions, CITGO reserves the right to seek all remedies available by law and in equity.
Unless otherwise noted, all content, format and imagery of the Site are protected as copyrights, trademarks, service marks, trade names or other intellectual property owned, controlled or licensed by CITGO, or by third parties who have licensed certain intellectual property rights to CITGO and are protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized use of the content is a violation of law. No rights in any trademark, service mark or trade name are granted to you in connection with your use of the Site. Without limiting the foregoing, please be advised that CITGO has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines may constitute a violation of CITGO intellectual property rights and/or may rise to the level of unfair competition.
Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any CITGO intellectual property rights. All rights reserved. Further, the content, format, and imagery of the Site are copyrighted under United States law and protected by worldwide copyright laws, treaty provisions and other protections afforded intellectual property. Unauthorized duplication is a violation of law.
You agree to use the Site only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail-bombing, or crashing; or (d) sending or relaying unsolicited email, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while making purchases or using the Site or interfere or attempt to interfere with the proper working of this Site.
CITGO makes every reasonable effort to ensure that the information and materials contained on the Site are current and accurate. CITGO makes no representations or warranties as to the accuracy, reliability or completeness of the information, text, graphics, links or other items contained on the Site. CITGO expressly disclaims liability for any errors or omissions in the materials contained on the Site. CITGO reserves the right to make changes in the programs, policies, products and services described on the Site at any time without notice. INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CITGO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CITGO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
CITGO expressly disclaims all liability for the use or interpretation by others of information contained in the Site. A visitor who uses, or makes decisions based on information contained in this Site does so at the visitor’s own risk. In exchange for using this Site, the visitor agrees to hold CITGO parties harmless against any claims for damages arising from any decisions that the visitor makes based on such information.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CITGO BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE SITE, EVEN IF CITGO OR A CITGO AUTHORIZED REPRESENTATIVE 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.
Arbitration; Waiver of Trial By Jury; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND CITGO TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CITGO, INCLUDING WAIVING YOUR RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY UTILIZING THE METHODS AVAILABLE ON THE “CONTACT US” PAGE ON CITGO.COM. IN THE UNLIKELY EVENT THAT CITGO CUSTOMER SERVICE IS UNABLE TO RESOLVE YOUR CONCERNS, WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO THE TERMS OF THESE TERMS AND CONDITIONS (“AGREEMENT”). ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED.
CUSTOMERS WHO DO NOT WISH TO BE SUBJECT TO THE ARBITRATION REQUIREMENTS IN THIS AGREEMENT MAY OPT-OUT WITHIN 30 DAYS OF ACCESSING THE SITE BY SENDING WRITTEN NOTICE OF THEIR REQUEST TO OPT-OUT TO CITGO LEGAL AFFAIRS; CITGO PETROLEUM CORPORATION; P.O. BOX 4689, HOUSTON, TX 77210-4689.
For purposes of this arbitration provision, you, on the one hand, and CITGO, on the other hand (including CITGO Parties, as defined above collectively, “CITGO” as used in this arbitration provision), agree that all disputes, controversies and claims related to this Agreement (including any controversies relating to the applicability, enforceability or validity of any provision of this Agreement), the Site (including its contents), or any CITGO good or service (collectively “Disputes”), shall be finally and exclusively resolved by binding arbitration as described in this section, which may be initiated by you or us by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other.
YOU EXPRESSLY AGREE THAT ALL DISPUTES SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION CONDUCTED BEFORE ONE COMMERCIAL ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL BE GOVERNED BY THE AAA'S COMMERCIAL ARBITRATION RULES AND, IF THE ARBITRATOR DEEMS THEM APPLICABLE, THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY “RULES AND PROCEDURES”). YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
Payment of arbitration costs will be governed by the AAA’s fee schedule, unless you are able to show that your portion will be prohibitive as compared to litigation costs, in which case CITGO will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to litigation costs. CITGO also reserves the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed by the AAA. Each party agrees to pay its own attorneys’ fees and expenses unless there is a governing statutory provision that requires the prevailing party to be paid attorneys’ fees and expenses.
The arbitration merits hearing shall be conducted in Houston, Texas, unless the parties agree otherwise in writing or the arbitrator determines a different location (such as the County of your residence) is a more appropriate venue for the arbitration merits hearing.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement´s other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to, any claim that all or any part of this arbitration provision or Agreement is void or voidable. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall decide whether this Agreement permits class proceedings. For the avoidance of doubt, the court and arbitrator shall be bound by the terms of this Agreement, including with regard to the class and representative waiver provisions. In any arbitration, the arbitrator shall follow the applicable law. The arbitrator shall not have the power to commit manifest errors of law or legal reasoning, and any award rendered by the arbitrator that employs a manifest error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless CITGO and you agree otherwise, any arbitration will be governed by the substantive laws of your state. Case management and other hearings shall be heard via telephone unless otherwise agreed to. The arbitrator’s award shall be final and binding on all parties and may be entered as a judgment in any court of competent jurisdiction.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at www.adr.org.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of either party’s intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; and/or (c) any claim for equitable relief; then you and CITGO agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court in Houston, Texas, and both parties consent to exclusive jurisdiction and venue in such courts for such non-arbitrable disputes. In addition to the foregoing, either party may assert an individual action in small claims court for Disputes that are within the scope of such court’s jurisdiction in lieu of arbitration.
To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding confidential arbitration on an individual, non-class and non-representative basis. You expressly agree that no other Disputes shall be consolidated or joined with your Dispute, whether through class arbitration proceedings or otherwise.
THE PARTIES AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES, THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
You and CITGO agree that all claims and disputes arising out of or relating to 1) these Terms and Conditions or 2) your use of the Site (“Covered Claims”) shall be resolved by binding arbitration on an individual, non-class, non-representative basis. You and CITGO mutually agree that to the maximum extent permitted by applicable law, no Covered Claims may be initiated, maintained, heard, or determined on a class action, collective action, or multi-party basis either in court or in arbitration, and that you are not entitled to serve or participate as a class action member or representative or collective action member or representative or receive any recovery from a class or collective action involving any Covered Claims either in court or in arbitration. All awards shall be final and binding on both parties to the maximum extent permitted by law and shall be enforceable by either party in a court of competent jurisdiction. If the class action or collective action waiver provisions associated with a Covered Claim are held to be invalid or unenforceable, then any class action or collective action involving such Covered Claim(s) must be brought in court and not in arbitration. Any other Covered Claim, whether related or unrelated, that can validly be required to proceed on an individual basis shall remain subject to arbitration under the terms of this agreement.
By accessing the Site, you expressly agree that the laws of the State of Texas, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. Please note that your use of the Services may be subject to other local, state, national and international laws. By accessing or visiting the Site, you expressly waive any and all rights, including those related to privacy, to the extent such rights are different and/or in conflict with those rights protected by federal or Texas laws. CITGO controls and operates the site from our headquarters in the state of Texas in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Except as specifically noted above, no right or license is granted under any copyright, patent, trademark or other intellectual property law to use, copy, reproduce, retransmit, display or create derivative works from materials, logos and content contained within the site.
"Submissions" under these Terms and Conditions means text, messages, ideas, concepts, pitches, suggestions, stories, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through the Site.
You agree that any Submission you make is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type (other than any stated consideration). We, our licensees, distributors, agents, representatives and other authorized users shall be entitled to exploit and disclose all Submissions, and we shall not be liable to you or to any person claiming through you for any exploitation or disclosure of any Submission.
"Social Communications" means an area, site, or feature offered as part of the Site that offers the opportunity for visitors to distribute submissions for viewing by one or more Site users, including (if any) a chat area, message board, instant messaging, mobile (text) messaging, social community environment, profile page, conversation page, blog, or e-mail function.
You acknowledge that Social Communications are for public and not private communications, and you have no expectation of privacy with regard to any submission in a Social Communication. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
You are and shall remain solely responsible for the submissions you share on or through the Site under your username or otherwise by you in any Social Communication and for the consequences of submitting and posting the same. We have no duty to monitor any Social Communication.
We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to submissions you share.
RULES OF CONDUCT
The following Rules of Conduct apply to the Site. By using the Site, you agree that you will not share any submission that:
1. is (a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
3. infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
5. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; or
6. (a) does not generally pertain to the designated topic or theme of the relevant Social Communication; (b) violates any specific restrictions applicable to Social Communications, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
COOPERATION; REMOVAL OF SUBMISSIONS
We reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission that violates these Terms (including the Rules of Conduct) and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms (including the Rules of Conduct) and/or our contest, sweepstakes, promotions, and game rules, and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
If you choose to link to CITGO through any mechanism, you are permitted to link only through a plain-text link to the Site. For any other type of link, you must first request permission. CITGO may grant permission in its sole discretion. You cannot use any link other than a plain-text link, nor to link to any other CITGO Web pages without obtaining our prior written consent or authorization. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to CITGO, at our sole discretion, at any time. Any unauthorized deep linking to the Site shall operate to void any and all rights permitted under this agreement and may subject you to legal action and liability under all applicable laws.
Some links on the Site will allow you to connect with sites that are not under CITGO control. CITGO is providing these links only as a convenience. The appearance of a link does not imply CITGO endorsement, nor is CITGO responsible for the contents of any linked site. You access them at your own risk.
From time to time CITGO may offer you the chance to participate in sweepstakes, contests and/or other promotions. Your participation in any such sweepstakes, contests and/or promotions will be governed by the specific rules posted by CITGO that govern such activity and participation is limited by the law of the state in which you reside. CITGO does not offer sweepstakes, contests and/or other promotions in jurisdictions that prohibit them, either alone or in connection with the sale of motor vehicle fuels.
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