Terms of Use

The following agreement sets out the terms and conditions of your use of www.bpbetter.com (“Website” and/or “Websites”). This agreement sets forth the legally binding contract for your use of the Websites (“Agreement”)  By accepting this Agreement , you agree to be bound at all times by the terms and conditions of this Agreement , as amended by BP from time to time in its discretion.  If you do not agree with all the terms and conditions set forth in this Agreement , you should decline to accept the Agreement  and should discontinue use of the Websites.  Except as specified otherwise, any reference to “BP” shall mean BP Products North America Inc. and its subsidiaries and affiliates; and “you” or “your” shall mean the Website user.

Purpose
BP is providing you access to this Website and its information in an attempt to aid your ability to participate in BPBetter.  In consideration for BP granting you access to this information and by accepting this Agreement, you agree that you will access this Website and its information in accordance with the below terms and conditions of this Agreement. 

Conduct
You are responsible for ensuring that your use of this Website and any information contained on it is lawful under the laws of any jurisdiction in which you use them.  You may not use this Website or any information contained on it in any way that would or may damage the reputation of BP.

ID and Password
To allow you to use this Website, BP may or has provided you with an identification code and password exclusively for use by you in accessing this Website. You shall take such actions as are necessary to maintain the confidentiality and otherwise to prevent the unauthorized use of the identification code and password and you agree to notify us promptly in the event that any unauthorized person has gained access to them. You hereby authorize us and any party claiming through us to rely upon any information and instructions set forth in any data transmission using the identification code or password without making further investigation or enquiry and regardless of the actual identity of the individual transmitting the same in connection with the operation of the Website.  You shall indemnify and hold us harmless from any claim, proceeding or damages relating to the use, misuse or unauthorized use of the identification code and password.

Site Security
You are prohibited from violating or attempting to violate the security of this Website or any of the information in this Website.  Any such violations may result in criminal and/or civil liabilities to you.  We may investigate any alleged violations, and if a criminal violation is suspected, we may cooperate with law enforcement agencies in their investigation(s).  Violations of the security of this Website 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 Website or its 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.”

Disclaimer of Warranties
BP provides this Website and the information in it “as is” and “as available” with no representations or warranties whatsoever.  BP and its suppliers expressly disclaim, to the fullest extent permitted by law, all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, title, accuracy and non-infringement of proprietary rights.

Limitation of Liability
The information contained in this Website is not comprehensive, and although we will endeavor to ensure that the information on this Website is accurate, we cannot and do not make any commitment to you that the information on this Website will be accurate or suitable for your use.  Despite our efforts, the information on this Website may not be accurate, up to date, or applicable to the circumstances of any particular case.  We cannot and will not make any commitment that the information on this Website will be available uninterrupted or error free, that defects will be corrected, or that this Website or the information on this Website are free of viruses or bugs.  BP cannot and will not accept any liability for any inaccuracy or omissions (other than for fraudulent misrepresentation) in this Website, and any decisions you make, actions you take, or reliance you place based on information contained in this Website are your sole responsibility.  BP and its suppliers accept no liability for any direct, indirect, special, consequential, or other losses or damages of whatsoever kind arising out of access to, or the use of, this Website or any information contained in it.  You agree that use of any information obtained from this Website is at your own risk.

If you provide information to BP, you agree that BP may use it in accordance with its Privacy Policy.

Indemnification
You agree to indemnify and hold harmless BP and its suppliers from any liability, cost, expense, claim, or demand made by any third party due to or arising out of or related to your conduct or use or in connection with your conduct or use of this Website or any of the information in it.

Copyright Information and Ownership
All the contents of this Website and downloads from it are licensed by third parties to BP, or are owned by BP directly or through its subsidiaries or affiliates, unless otherwise stated.  All rights reserved. 

You are responsible for obeying all applicable copyright laws.  We permit you to make copies of this Website as necessary incidental acts during your viewing of it; and you may print for your personal use so much of the site as is reasonable for private purposes and so long as such use is otherwise in accordance with the terms and conditions of this Agreement .  All other use is strictly prohibited.  You may not frame this Website nor link to a page other than the home page without our express permission.  BP may revoke your access to the Website and any materials or information in it and any use thereof at any time for any reason or no reason at all.

Trademark Information and Ownership
BP, the BP Shield, and the Helios mark are trademarks of BP p.l.c. The applicable BP owner reserves all rights in and to its trademark(s), including without limitation all goodwill arising therefrom. 

Use of any Hyperlink
BP is not responsible for the content of any other website, including any website through which you may have gained access to our Website or to which you may gain access from our Website.  We do not accept any liability in connection any such sites or links.

If we provide a hyperlink to a third party’s website, we do so because we believe in good faith that such website contains or may contain material that is relevant to that on our Website.  Such a hyperlink does not signify that BP has reviewed or approved of the connected third party’s website or its contents.  Indeed, in certain instances a hyperlink may connect you to a third party’s website containing views contradictory to those expressed on our Website or otherwise held by BP.

Third Party Beneficiaries
Nothing contained in this Agreement , express or implied, is intended or shall be construed to give any third party any rights or remedies under or by reason of this Agreement .  Notwithstanding the foregoing, the disclaimers and limitations on liability of BP under this Agreement shall extend to BP, its directors, officers, employees, agents, and suppliers.  All references to BP in connection therewith shall be deemed to include such persons and entities as third party beneficiaries entitled to accept all benefits afforded thereby.

Amendment.
We reserve the right to amend this Agreement  from time to time, in our sole discretion.  Any amendments shall be effective when posted by us on the Website or otherwise made available to you.  Your access to and use of the Website after modification of this Agreementshall signify your acceptance of the amended terms.  Any attempted amendment by you or waiver by us of the terms and conditions set forth in this Agreement must be in writing and signed by a duly authorized representative of BP.  No provision shall be waived by BP through any other act, omission or knowledge of a party.  Any waiver by BP on one occasion shall not constitute a waiver of any other or subsequent duty or breach.

 

Governing Law, Jurisdiction, and Venue
Your use of this Website, the information in this Website, and any downloads from it, and the operation of this Agreement and its terms and conditions, are governed in accordance with the laws of the state of Illinois, without giving effect to any principles of conflict of laws.  If BP prevails in any dispute against you relating to this Agreement, BP will be entitled to recover its costs, expenses, and reasonable attorney fees incurred in connection with such dispute.  Any dispute, action or proceeding arising out of or related to this Agreement or your access to or use of the Website or any materials contained thereon shall be commenced in the state courts of Chicago, Illinois, or in the case of a dispute over which the federal courts have exclusive subject matter jurisdiction, in the U.S. District Court of the Northern District of Illinois.  You hereby consent to the exclusive personal jurisdiction and venue of such courts, and waive any objections thereto, including without limitation any objection based on forum non conveniens; provided, however, the foregoing shall not prevent BP from seeking temporary or permanent injunctive or other equitable relief against you in any court of competent jurisdiction.

Our Remedies
BP reserves the right at any time and for any reason to temporarily or permanently suspend your right to access and/or use this Website or any of the information contained on it.  BP may terminate this Agreement at any time without notice. 

General
You may not assign or transfer this Agreement or any rights under it to any third party.  Any attempted assignment or delegation by you shall be null and void from the beginning and without effect.  We may assign or transfer this Agreement or our rights in it to any third party.  If any of the terms or conditions in this Agreement are determined to be illegal, invalid, or otherwise unenforceable, then the remaining terms and conditions shall remain in full force and effect.  If we do not exercise any right under this Agreement, that does not and shall not constitute a waiver of any right.  This Agreement constitutes the entire agreement  between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or Agreement s, written or oral, regarding such subject matter. 

Questions or Concerns
If you have any questions or concerns about this Agreement or any of its terms or conditions, please contact bpbetter@bp.com. 

 

 

7 2 12 VERSION FILESITE NO. 3953503-1

 

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