<

Western Refining General Terms of Use

Western Refining, Inc. and its subsidiaries and affiliates (“Western Refining”) maintain this site (the “Site”) for your information only. Please read these General Terms of Use carefully before using this Site. Access to and use of this Site is subject to the terms and conditions set forth below. Your use of this Site signifies your acceptance of these General Terms of Use. If you do not agree to these General Terms of Use, please do not use the Site.

PRIVACY

At Western Refining, we recognize and respect the privacy of our customers. We do not collect personal information about visitors to this Site unless it is provided voluntarily. If you send email inquiries to Western Refining, your personal information, including your email address, will be primarily used for the purpose of responding to your inquiry, and will not be shared with third parties. Such information may also be retained and used for the purpose of tracking the types of questions received by Western Refining.

Western Refining collects and maintains statistics about use of this Site to help us track the total number of visitors to the Site and to specific parts of the Site. These statistics are used to better serve our customers and do not include personal information about individual visitors.

For your convenience, this Site contains links to other web sites, including some sites administered by Western Refining or administered by other companies on behalf of Western Refining, as well as to sites unrelated to Western Refining. These General Terms of Use do not apply to these linked web sites. Each web site should be checked for its own privacy and terms of use statement.

Western Refining may seek to store some information (commonly known as a “cookie”) on your computer when you look at or use this Site. The cookie allows us to make this Site more efficient for you and to manage Site surveys that we may conduct. The surveys will not involve sensitive personal data, and the cookies will not be used for any other purposes. If you wish, you may instruct your internet browser to prevent cookies from being used and to delete existing cookies. Please refer to the help guide of your browser for further guidance. By submitting data on this Site, you consent to transfers of information over international borders as necessary for transmission of data covered by these General Terms of Use.

If you have any questions about these General Terms of Use, or the personal information Western Refining may hold about you, please contact webmaster@wnr.com

LAWS AND REGULATIONS

User access to and use of this Site is subject to all applicable international, federal, state and local laws and regulations.

RESTRICTIONS

In using this Site, you must not:

  • violate any applicable laws or regulations;
  • post, send or otherwise transmit to or through the Site any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of, or in breach of, another person’s privacy or other rights or any material that Western Refining in its sole discretion does not wish posted or transmitted on the Site;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • upload or otherwise make available files that contain images, software or other material protected by intellectual property laws, including, without limitation, laws relating to copyright, trademark laws and rights of publicity and privacy, unless you own or control the rights thereto or have received all necessary authorizations to do the same; * misrepresent your identity or affiliation in any way;
  • engage in deceptive online marketing;
  • assist or permit any persons in engaging in any of the activities described above.



COPYRIGHTS

The material made available on this Site is protected by copyright. No material from this Site may be reproduced, modified, performed, displayed, republished, uploaded, posted, transmitted or distributed in any way without prior written permission of Western Refining, except that you may download one copy of the materials on any single computer and produce one printed copy for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Any such use of the materials is a violation of Western Refining’s copyright and other proprietary rights. Permission for all other uses of materials contained herein, including, but not limited to, reproducing and distributing multiple copies, or linking to any page on, this Site except the “home page” (http://www.wnr.com), must be obtained in advance from Western Refining.

All design rights, databases and compilation and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to Western Refining. In the event that you download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Western Refining. Western Refining does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Western Refining retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form, except as consented to in writing by Western Refining.

LINKED SITES

Western Refining is not responsible for the content of any sites linked to this Site, unless such linked site is owned or maintained by Western Refining. The fact that another site is linked to this Site does not imply that: (a) Western Refining sponsors, licenses, endorses, is affiliated with or is otherwise connected to the site, the products or services described therein, or its owner, or (b) Western Refining has authorized the linked site to use any trademark, trade name, logo or other trademarked or copyrighted material of Western Refining. SUBMISSIONS Western Refining does not accept submissions through this Site unless explicitly requested; therefore, please do not make any submissions to Western Refining through this Site or otherwise. While Western Refining welcomes comments or suggestions, Western Refining cannot make any guarantee that it will respond to any message.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall Western Refining be liable for any compensatory, punitive, incidental, indirect, special or consequential damages that result from the use of, or the inability to use, the Site or the materials in the Site, even if Western Refining or a Western Refining authorized representative has been advised of the possibility of such damages.
DISCLAIMERS

Western Refining makes no representations or warranties as to the accuracy, reliability or completeness of the information, text, graphics, links or other items contained in this Site. Western Refining expressly disclaims liability for any errors or omissions in the materials contained in this Site. Western Refining reserves the right to make changes to the information programs, policies, products and services described in this 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 WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WESTERN REFINING DOES NOT WARRANT THAT THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WESTERN REFINING 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
Western Refining expressly disclaims all liability for the use or interpretation by others of information contained in this Site. A visitor who uses, or makes decisions based on information contained in, this Site does so at the visitor’s own risk.

UNSOLICITED IDEAS

Western Refining does not accept or consider unsolicited ideas, including, but not limited to, ideas for new promotions, products, technologies or processes. You must not transmit any material to or through this Site that you consider to be confidential or proprietary. Any material that you transmit to or through this Site will be considered non-confidential and non-proprietary. Except as expressly provided in these General Terms of Use or separate written agreement between you and Western Refining, you give Western Refining an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that Western Refining has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through this Site.

FORWARD-LOOKING INFORMATION

This Site contains forward-looking statements in addition to historical information. Western Refining has used the words “anticipate,” “assume,” “believe,” “budget,” “continue,” “could,” “estimate,” “expect,” “intend,” “may,” “plan,” “potential,” “predict,” “project,” “will,” “future” and similar terms and phrases to identify forward-looking statements in this Site.

Forward-looking statements reflect Western Refining’s current expectations regarding future events, results or outcomes. These expectations may or may not be realized. Some of these expectations may be based upon assumptions or judgments that prove to be incorrect. In addition, Western Refining’s business and operations involve numerous risks and uncertainties, many of which are beyond Western Refining’s control, which could result in Western Refining’s expectations not being realized or otherwise materially affect Western Refining’s financial condition, results of operations, and cash flows should be reviewed carefully in evaluating any forward-looking statements, and undue reliance should not be placed on these forward-looking statements.
Although Western Refining believes that its plans, intentions and expectations reflected in or suggested by the forward-looking statements that Western Refining makes are reasonable, Western Refining can provide no assurance that such plans, intentions or expectations will be achieved. These statements are based on assumptions made by Western Refining based on its experience and perception of historical trends, current conditions, expected future developments and other factors that Western Refining believes are appropriate in the circumstances. Such statements are subject to a number of risks and uncertainties, many of which are beyond Western Refining’s control.

Unless required by law, Western Refining undertakes no obligation to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise.

CHANGES TO GENERAL TERMS OF USE

Western Refining may, and reserves the right to, revise these General Terms of Use at any time without notice. You should revisit this Site periodically to ensure that you are aware of the most recent General Terms of Use because they will be binding on you. Without limiting the generality of the foregoing, your use of the Site after such changes constitutes your agreement to those changes.

VIOLATIONS OF GENERAL TERMS OF USE

Western Refining reserves the right to seek all remedies available at law and in equity for violations of these General Terms of Use, including, but not limited to, the right to block access from a particular Internet address to the Site. You agree to indemnify, defend and hold Western Refining, its affiliates and any of its and their directors, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including, without limitation, reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these General Terms of Use and/or (ii) your activities in connection with this Site.

JURISDICTION / GOVERNING LAW

Users of this Site agree that these terms shall be governed by, construed and enforced in accordance with, the laws of the State of Texas, USA, as it is applied to agreements entered into and to be performed entirely within such State, and applicable federal law, without regard to conflict of laws principles. Any action that you bring to enforce this agreement or any matters related to this Site shall be brought in either the state or federal courts located in El Paso County, Texas. If any provision of these General Terms of Use is void or unenforceable in whole or in part, the remaining provisions shall not be affected.

Western Refining makes no representation that materials in this Site are appropriate or available for use in locations outside the State of Texas, USA. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited. Software from this Site is further subject to United States export controls. No information or software from this Site may be downloaded or re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF THESE GENERAL TERMS OF USE.