Exxon Mobil

Terms

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY VISITING OR USING THE SITE, YOU (“YOU” OR “YOUR”) AGREE TO BE BOUND BY THESE TERMS OF USE AND YOU ACKNOWLEDGE THAT SUCH AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND BLACKHAWK ENGAGEMENT SOLUTIONS, INC. (“BLACKHAWK ENGAGEMENT SOLUTIONS”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

Welcome to the Blackhawk Engagement Solutions Redemption Portal (“Site”). Please review the following basic terms that govern your use of our
Site. Please note that by completing the registration process and clicking the “I accept” button and/or by using this Site, you are agreeing to
all of these terms, conditions and notices without modification and are agreeing to be legally bound by these terms. Blackhawk Engagement
Solutions reserves the right to revise these Terms of Use at any time, effective immediately upon posting on this Site, without notice to you;
therefore, you should visit this page periodically to review the terms of your use. Your continued use of the Site following any such revision
means you agree to abide by those changes.

EXISTING AGREEMENTS.

If any existing written agreement between you and Blackhawk Engagement Solutions contains any terms or conditions that conflict with any
provision of this Agreement, the terms and conditions of your existing written agreement will control.

ELIGIBILITY.

Use of the Site is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed
to use the Site. To register, you must provide your real name, zip code, and email address. Blackhawk Engagement Solutions may refuse access to
or use of its services to anyone at any time, in its sole discretion.

CONSENT TO ELECTRONIC NOTICE.

Most communications between Blackhawk Engagement Solutions and you related to this Site will be sent and received electronically. You agree that
all agreements, notices, disclosures and other communication exchanged between you and Blackhawk Engagement Solutions electronically shall
satisfy any legal requirements that such communications be in writing.

COPYRIGHT; INTELLECTUAL PROPERTY.

Unless otherwise noted, all materials, including images, illustrations, graphics, logos, button icons, designs, icons, photographs, videoclips
and all other visual, written, or oral information contained on the Site (collectively the “Contents”) are copyrights, trademarks, tradedress
and/or other intellectual properties owned, controlled or licensed by Blackhawk Engagement Solutions. Except as provided herein, you may not use
the Contents in any way without the express written permission of Blackhawk Engagement Solutions. Blackhawk Engagement Solutions neither warrants
nor represents that your use of the Contents will not infringe on rights of any third party not owned or affiliated with Blackhawk Engagement
Solutions. Except as specifically agreed to in writing by Blackhawk Engagement Solutions, the Site and the Contents are intended solely for
personal non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the site for your personal use
only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
You may not otherwise reproduce, publish, transmit, distribute, display, modify, create derivative work from, or sell or participate in any sale
of or exploit in any way, in whole or in part, any of the Contents, the Site or related software. Occasionally there may be information on the
Site that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, availability, and various other
information. Blackhawk Engagement Solutions reserves the right to correct any errors, inaccuracies or omissions and to change or update the
information at any time, without prior notice. Despite our best efforts, some items on the Site may be mispriced. If the correct price of an item
is higher than the price stated on the Site, we will, at our discretion, either contact you for instructions before processing your order or
cancel your order and notify you of such cancellation. Blackhawk Engagement Solutions is not obligated to honor any erroneous or inaccurate
pricing. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your experience on the Site, we ask that
you contact us via e-mail at care@incentiveanswers.com.

PROHIBITED ACTIVITIES.

The Site may only be used for lawful purposes. You may not use the Site for any illegal or unlawful purpose. Further, transmission, storage,
distribution, or presentation of any information, data or materials in violation of any applicable law, regulation, ordinance, or other rule
imposed by a governmental authority is prohibited. This includes, but is not limited to, copyrighted materials, material that is threatening or
obscene, material that is “adult only” content, or material protected by trademark, trade secret or other proprietary rights. Any violation of
the terms and conditions set forth in these Terms of Use entitles Blackhawk Engagement Solutions to immediately terminate your account without
notice of any kind or nature. You agree that you will not transmit or disseminate: (i) advertising, chain letters, spam, junk mail or any other
type of unsolicited emailing (whether commercial or informational) to persons or entities that have not agreed to be part of such mailings; (ii)
harassing, libelous, abusive, threatening, obscene or otherwise objectionable materials or materials which infringe or violate any third party’s
copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to
civil liability or otherwise violate any applicable law or regulation; or (iii) viruses or other harmful, disruptive or destructive files. You
may not alter headers of email messages to conceal the email address or prevent others from responding to the messages. Blackhawk Engagement
Solutions offers you access to the Site and to the content available on the Site solely for your personal use. You may not resell or make any
commercial use of the Site or the content on the Site. You may not use any robots, spiders, or similar data mining, data gathering or extraction
tools or manual processes to collect, gather or copy the content in an unauthorized manner. You may not engage in practices of “screen scraping”,
“database scraping”, or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists
or information from this Site, in any manner and any quantities not authorized by Blackhawk Engagement Solutions. You may not frame or utilize
framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Blackhawk
Engagement Solutions or its affiliates without prior written consent express written consent. You may not use meta tags or any other “hidden
text” utilizing Blackhawk Engagement Solutions’s name or trademarks without the express written consent of Blackhawk Engagement Solutions. You
may not use this Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other person’s use and
enjoyment of the Site. The foregoing provisions are for the benefit of Blackhawk Engagement Solutions, its affiliates, its subsidiaries and its
third party content providers, licensors and strategic partners, if any, and each shall have the right to enforce certain provisions directly or
on its own behalf. Illegal and/or unauthorized uses of this Site, including, but not limited to, unauthorized framing of or linking to the Site,
or unauthorized use of any robot, spider, or other automated device on the Site, or any manual process to monitor or copy any portion of the
content contained on the Site, will be investigated and appropriate legal action will be taken, including, without limitation, civil and criminal
proceedings, proceedings for restraining orders and injunctions. You agree that you will not use or attempt to use another person’s or entity’s
account, service or system without authorization from the owner, nor will you interfere with the security of the Site, system resources or
accounts or any network. You may not abuse systems, or make use of the Site in a way that disrupts the normal use of Blackhawk Engagement
Solutions’s system or services for others. This includes but is not limited to, running excessive numbers of processes, attempting to disrupt the
connections or other customers, consuming excessive amounts of CPU time, memory or disk space, or running multiple simultaneous logins.

DISCLAIMERS.

The Content on this Site is provided “AS IS” and without warranties of any kind either express or implied. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, Blackhawk Engagement Solutions DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. To the fullest extent permissible
pursuant to applicable law, Blackhawk Engagement Solutions shall not be liable for any damages of any kind arising from the use of the Content
and services offered on this Site, including, without limitation, indirect extraordinary, exemplary, punitive, special, incidental or
consequential damages. Blackhawk Engagement Solutions does not warrant that the functions contained in the Site or Content 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. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT AND SERVICES, AS TO THE QUALITY AND
PERFORMANCE OF THE CONTENT AND SERVICES AND AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT AND SERVICES IS ASSUMED SOLELY BY YOU. Blackhawk
Engagement Solutions does not warrant or make any representations regarding the use or the results of the use of the Content on this Site in
terms of its correctness, accuracy, completeness, quality, suitability, reliability or otherwise. You (and not Blackhawk Engagement Solutions)
assume the entire cost of all necessary servicing, repair or correction incurred by you as a result of the Content on this Site. Further,
Blackhawk Engagement Solutions explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites
that link to or from this Site belonging to third parties not associated with Blackhawk Engagement Solutions. Blackhawk Engagement Solutions
encourages discretion when browsing the Internet using our or anyone else’s service. Because some sites employ automated search results or
otherwise link you to sites containing information that may be deemed inappropriate or offensive, Blackhawk Engagement Solutions cannot be held
responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably
waive any claim against Blackhawk Engagement Solutions with respect to such sites. Blackhawk Engagement Solutions cannot ensure that you will be
satisfied with any products or services that you purchase from third-party product and service providers included within this Site, since such
third-party product or service providers are owned and operated by independent businesses. With respect to third-party sites that link to or out
of this Site, Blackhawk Engagement Solutions has not taken any steps to confirm the accuracy or reliability of any of the information contained
in such third-party sites. Blackhawk Engagement Solutions does not make any representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby
irrevocably waive any claim against us with respect to such sites. Blackhawk Engagement Solutions strongly encourages you to make whatever
investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Blackhawk Engagement Solutions assumes no responsibility, and shall not be reliable for, any damages to or viruses that may infect, your computer
equipment or other property on account of your access to, use of, or browsing the Site or your downloading of any materials, data, text, images,
or video from the Site. Nothing contained in these Terms of Use shall be construed to limit the actions Blackhawk Engagement Solutions may take
or remedies available to it in any way with respect to any prohibited activity or conduct. Certain violations of these Terms of Use may subject
user to criminal and/or civil liability. Non-enforcement of any term of these Terms of Use does not constitute consent or waiver, and Blackhawk
Engagement Solutions reserves the right to enforce such term at its sole discretion.

INDEMNITY.

You agree to indemnify, defend and hold Blackhawk Engagement Solutions and its affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the “Blackhawk Engagement Solutions Parties”) harmless from and against any and all
claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Blackhawk Engagement Solutions Party in connection with
any use or alleged use of the Site under your password by any person, whether or not authorized by you. Blackhawk Engagement Solutions reserves
the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such
case, you agree to cooperate with Blackhawk Engagement Solutions’s defense of such claim.

LIMITATION OF LIABILITY.

Under no circumstances, including, but not limited to, negligence, shall Blackhawk Engagement Solutions be liable for any special or
consequential damages that result from the use of, or the inability to use, the Content, materials, items, or services in or available on this
Site, even if Blackhawk Engagement Solutions or a Blackhawk Engagement Solutions 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 Blackhawk Engagement Solutions’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 this Site.

GOVERNING LAW; ARBITRATION; JURISDICTION.

You recognize that, although the internet can be accessed from anywhere in the world, the Site is located in the State of Texas, United States of
America, and that when you access this Site, you are doing so in the State of Texas, United States of America. These Terms of Use shall be
governed by and construed in accordance with the internal substantive laws of the State of Texas, without giving effect to any principles of
conflict of law of any jurisdiction. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE, OR THE BREACH THEREOF, SHALL BE
SETTLED BY ARBITRATION ADMINISTERED BY A SINGLE ARBITRATOR UNDER THE THEN-CURRENT COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY
JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATOR SHALL BE DETERMINED
JOINTLY BY THE PARTIES WITHIN THIRTY (30) DAYS OF SUBMISSION OF A WRITTEN DEMAND FOR ARBITRATION BY ONE PARTY TO THE OTHER. IN THE EVENT THE
PARTIES ARE UNABLE TO AGREE ON AN ARBITRATOR, EACH PARTY SHALL SUBMIT THE NAME OF ONE (1) ARBITRATOR AND THOSE TWO (2) ARBITRATORS SHALL DECIDE
UPON A THIRD ARBITRATOR WHO SHALL PRESIDE OVER THE DISPUTE. YOU FURTHER AGREE THAT ANY ARBITRATION ARISING OUT OF OR RELATING TO THESE TERMS OF
USE OR THE SITE SHALL BE FILED ONLY IN DALLAS COUNTY, TEXAS, AND YOU HEREBY IRREVOCABLY CONSENT AND SUBMIT TO PERSONAL JURISDICTION AND VENUE IN
DALLAS COUNTY, TEXAS AND WAIVE ANY OBJECTION TO SUCH JURISDICTION AND VENUE. EACH PARTY SHALL BEAR ITS OWN COSTS, INCLUDING ATTORNEYS FEES,
ASSOCIATED WITH ARBITRATION.

MODIFICATION; TERMINATION.

Blackhawk Engagement Solutions may modify or discontinue your account, this Site, or the services provided through this Site, with or without
notice, at any time and without liability of any kind or nature. The terms provided herein are effective unless and until terminated by Blackhawk
Engagement Solutions. Blackhawk Engagement Solutions may terminate these Terms of Use at any time and for any reason without notice or liability
to you.

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