Updated as of October 7, 2019
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 and its affiliates 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. IN NO EVENT SHALL CITGO’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
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.
ARBITRATION; NO CLASS ACTIONS OR CLASS ARBITRATIONS.
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.
WAIVER OF JURY TRIAL
YOU AND CITGO AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND CITGO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY IN FEDERAL, STATE, OR LOCAL COURT.
Any arbitration between you and CITGO will be initiated through the American Arbitration Association ("AAA") and will be governed by the AAA Consumer Arbitration Rules.The AAA Rules and filing forms are available at adr.org or by calling the AAA at 1-800-778-7879. After CITGO receives notice that you have commenced arbitration, it will reimburse you for payment of the filing fee.Any party may be represented by an attorney for purposes of arbitration.Each party is responsible for payment of its own costs and attorneys’ fees, unless otherwise awarded in arbitration as authorized by law.Arbitration shall take place in Houston, Texas.The arbitration shall be confidential.
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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