Legal and privacy.
This website is provided to you by Suncor Energy Inc. (“Suncor”). By using this website, you agree to be bound by and comply with these terms of service, which are subject to and incorporate any additional terms of service elsewhere on this website. Suncor may change these terms of service at any time without notice. Please check these terms of service periodically for changes. Your continued use of this website following the posting of changes will mean that you agree to be bound by, and will comply with, the changes.
Suncor is Canada’s leading integrated energy company headquartered in Calgary, Alberta. Suncor’s operations include oil sands development and upgrading, conventional and offshore oil and gas production, and petroleum refining, sales and product marketing under the Petro-Canada™ brand. Suncor also operates one Sunoco branded retail site in Ontario. Downstream assets in the United States include pipeline and refining operations in Colorado and Wyoming and retail operations and sales in Colorado under the Shell and ExxonMobil® brands. Suncor is also developing a growing renewable energy portfolio. Suncor’s common shares (symbol: SU) are listed on the Toronto and New York stock exchanges.
In these terms of service, references to “Suncor”, “we” and “our” and similar references may include – or refer only to – Suncor or one or more subsidiaries, affiliates or entities of Suncor, including Suncor Energy Foundation, Suncor Energy Products Partnership, Suncor Energy Marketing Inc. and Suncor Energy (U.S.A.) Inc., as applicable.
Petro-Canada is a Suncor business.
Permitted Use of this Website
As long as you comply with these terms of service, Suncor grants you a personal, non-exclusive, non-transferable, revocable, limited licence to access and use this website. You may use photos supplied in Suncor's photo library provided that you:
- Not remove the copyright or other proprietary notices from the photos;
- Credit Suncor Energy Inc.;
- Make no modifications to the photos or distort the photos in any manner;
- Not display the photos in a manner that would prejudice the reputation of Suncor, and
- Not make any additional representations, warranties or statements relating to the photos.
- You may also use documents purposely made available by Suncor for downloading from this website, provided that you:
- Not remove the copyright or other proprietary notices from the documents;
- Use the documents only for your own personal or internal company use and do not copy or post the documents on any networked computer or broadcast them in any media;
- Make no modifications to the documents;
- Not make any additional representations, warranties or statements relating to the documents.
Corporate logos supplied on this website must be downloaded from our corporate logos page. Use of these logos is subject to the terms of a licence which must be agreed to prior to download of the logos. The visual identity guidelines must be followed when using the logos. Logos are not permitted to be downloaded or used for purposes other than those permitted by the licence agreed to prior to download of the logos without Suncor’s express prior written consent.
Prohibited use of this Website
You may not attempt to gain unauthorized access to, or breach the security or authentication measures of, any portion of this website, or any other systems or networks connected to this website or any Suncor server or obtain any materials, documents or information through any means not purposely made available through this website.
You may not interfere or attempt to interfere with the proper working of this website or any transaction being conducted on this website, or with any other person’s use of this website.
You may not pretend that you are, or that you represent, someone else, or impersonate any other person.
You may not frame, link to, or screen scrape this website without Suncor’s express permission.
You may not reproduce or redistribute any HTML code, Java code or other code contained on this website without Suncor's express permission.
You may not use this website or any of its content for any purpose that infringes upon, misappropriates or violates the rights of any person or encourages or that effects harmful or illegal activity.
This website and its content are provided “as is” and use of this website or its content is at your own risk. Suncor does not make any representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of this website or its content. Suncor does not assume any responsibility for any errors, omissions or inaccuracies of this website or its content. To the fullest extent permitted by law, Suncor disclaims all warranties, representations and conditions of any kind with respect to this website and its content whether express, implied or collateral, including, without limitation, representations, warranties or conditions about the quality, accuracy, reliability, completeness, currency, or timeliness of the website or its content and implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement or that this website or its content are or will be error-free or will operate without interruption.
Limitation of Liability
In no event will Suncor be liable, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, for any damages of any kind (including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties or other liabilities), whether or not Suncor is advised of the possibility of such damages, resulting from the use of, or the inability to make use of, this website or its content.
Suncor’s websites contain links to third party sites. These links have been provided solely as a convenience for users of the websites and do not constitute an endorsement by Suncor of the content of third party sites. Links to Suncor websites may also be provided from other websites either known or unknown to Suncor. Accessing other websites linked to or from Suncor’s websites is at your own risk. If you wish to link to this website, please contact us.
Currency and Accuracy of Information
The content on this website may not always be the most current source of information about Suncor, and Suncor disclaims liability for any failure to update this website or the information or any document contained herein. In addition, the documents and information available on this website are not intended to provide specific legal, accounting, financial, investing or tax information or advice to you and are provided as a convenience only. Where any documents on this website have been filed in accordance with applicable securities laws, the documents may not be the official versions of Suncor’s securities laws disclosure documents, and you are directed to obtain official copies either from applicable securities regulatory authorities, www.sedar.com, http://www.sec.gov or from Suncor. The documents and information provided do not constitute an offer or a solicitation of an offer for the purchase or sale of any shares or other securities of Suncor and should not be used for the purpose of making investment decisions concerning securities of Suncor.
Suncor’s websites contain certain forward-looking information and forward-looking statements (collectively referred to herein as “forward-looking statements”) within the meaning of applicable Canadian and U.S. securities laws. Forward-looking statements and other information are based on Suncor’s current expectations, estimates, projections and assumptions that were made by Suncor in light of information available at the time the statement was made and consider Suncor’s experience and its perception of historical trends, including expectations and assumptions concerning: the accuracy of reserves and resources estimates; commodity prices and interest and foreign exchange rates; the performance of assets and equipment; capital efficiencies and cost-savings; applicable laws and government policies; future production rates; the sufficiency of budgeted capital expenditures in carrying out planned activities; the availability and cost of labour, services and infrastructure; the satisfaction by third parties of their obligations to Suncor; the execution of projects; and the receipt, in a timely manner, of regulatory and third-party approvals. In addition, all other statements and other information that address expectations or projections about the future, and other statements and information about Suncor’s strategy for growth, expected and future expenditures or investment decisions, commodity prices, costs, schedules, production volumes, operating and financial results, future financing and capital activities, and the expected impact of future commitments are forward-looking statements. Some of the forward-looking statements may be identified by words such as “objective”, “targets”, “estimates”, “anticipated”, “plans”, “goal”, “vision”, “strategy”, “expects”, “proposed”, “intention”, “continue”, “may", “will”, “outlook”, “opportunity”, “pursuing”, “illustrative”, “projected”, “scheduled”, “believes”, “indicates”, “could”, “focus”, “should”, “would” and variations of such words and similar expressions.
Forward-looking statements are not guarantees of future performance and involve a number of risks and uncertainties, some that are similar to other oil and gas companies and some that are unique to Suncor. Suncor’s actual results may differ materially from those expressed or implied by its forward-looking statements, so readers are cautioned not to place undue reliance on them. Risks, uncertainties and other factors that could influence the financial and operating performance of Suncor include, but are not limited to, changes in general economic, market and business conditions, such as commodity prices, interest rates and currency exchange rates; fluctuations in supply and demand for Suncor’s products; the successful and timely implementation of capital projects, including growth projects and regulatory projects; competitive actions of other companies, including increased competition from other oil and gas companies or from companies that provide alternative sources of energy; labour and material shortages; actions by government authorities, including the imposition or reassessment of taxes or changes to fees and royalties, and changes in environmental and other regulations; the ability and willingness of parties with whom we have material relationships to perform their obligations to us; outages to third-party infrastructure that could cause disruptions to production; the occurrence of unexpected events such as fires, equipment failures and other similar events affecting Suncor or other parties whose operations or assets directly or indirectly affect Suncor; the potential for security breaches of Suncor’s information systems by computer hackers or cyberterrorists, and the unavailability or failure of such systems to perform as anticipated as a result of such breaches; our ability to find new oil and gas reserves that can be developed economically; the accuracy of Suncor’s reserves, resources and future production estimates; market instability affecting Suncor’s ability to borrow in the capital debt markets at acceptable rates; maintaining an optimal debt to cash flow ratio; the success of Suncor’s risk management activities using derivatives and other financial instruments; the cost of compliance with current and future environmental laws; risks and uncertainties associated with closing a transaction for the purchase or sale of an oil and gas property, including estimates of the final consideration to be paid or received, the ability of counterparties to comply with their obligations in a timely manner and the receipt of any required regulatory or other third-party approvals outside of Suncor’s control that are customary to transactions of this nature; the accuracy of cost estimates, some of which are provided at the conceptual or other preliminary stage of projects and prior to commencement or conception of the detailed engineering that is needed to reduce the margin of error and increase the level of accuracy; the ability to secure adequate product transportation; the risk of war, hostilities, civil insurrection, political instability and terrorist threats; and risks associated with existing and potential future lawsuits and regulatory actions. The foregoing important factors are not exhaustive.
Although Suncor believes that the expectations represented by such forward-looking statements are reasonable, there can be no assurance that such expectations will prove to be correct. Suncor’s most recently filed Annual Report, Quarterly Report, Annual Information Form/Form 40-F, and other documents it files from time to time with securities regulatory authorities describe the risks, uncertainties, material assumptions and other factors that could influence actual results and such factors are incorporated herein by reference.
Copies of these documents are available without charge from Suncor through the following means:
- via mail request: 150 6th Avenue S.W., Calgary, Alberta T2P 3Y7,
- by telephone 1 (800) 558-9071,
- via email request to firstname.lastname@example.org
- by referring to Suncor’s profile on SEDAR at www.sedar.com/ or EDGAR at www.sec.gov/.
Except as required by applicable securities laws, Suncor disclaims any intention or obligation to publicly update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
Non-GAAP Financial Measures
Certain financial measures on Suncor’s websites are not prescribed by Canadian generally accepted accounting principles (“GAAP”). Non-GAAP measures presented do not have any standardized meaning and therefore are unlikely to be comparable to similar measures presented by other companies. Therefore, these non-GAAP measures should not be considered in isolation or as a substitute for measures of performance prepared in accordance with GAAP. Non-GAAP measures are included because management uses the information to analyze business performance, leverage and liquidity and therefore may be considered useful information by investors. Non-GAAP measures are defined and reconciled in Suncor’s most recent Management’s Discussion and Analysis filed with securities regulatory authorities available at www.sedar.com/.
Unless otherwise stated, reserves information presented on Suncor’s websites is presented as Suncor’s working interest (operating and non-operating) before deduction of royalties, and without including any royalty interests of Suncor. For more information on Suncor’s reserves, please see Suncor’s most recent Annual Information Form/Form 40-F filed with securities regulatory authorities available at www.sedar.com/ and www.sec.gov/.
Certain crude oil and natural gas liquids volumes have been converted to mcfe on the basis of one bbl to six mcf. Also, certain natural gas volumes have been converted to boe or mboe on the same basis. Any figure presented in mcfe, boe or mboe may be misleading, particularly if used in isolation. A conversion ratio of one barrel of crude oil or natural gas liquids to six thousand cubic feet of natural gas is based on an energy equivalency conversion method primarily applicable at the burner tip and does not necessarily represent value equivalency at the wellhead. Given that the value ratio based on the current price of crude oil as compared to natural gas is significantly different from the energy equivalency of 6:1, utilizing a conversion on a 6:1 basis may be misleading as an indication of value.
All content on or available through this website is owned by or licensed to Suncor and is protected by copyright, trade-mark and other intellectual property laws and treaty provision laws. Except as expressly provided on this website, no content on or available through this website may be copied, reproduced, republished, uploaded, posted, transmitted, distributed or otherwise exploited in any way, without Suncor’s express prior written consent. You should note that:
- “Suncor” and “Petro-Canada” are Canadian registered trade-marks and U.S. registered trademarks of Suncor;
- Suncor’s subsidiary, Suncor Energy Products Partnership, an Alberta partnership, uses the Petro-Canada brands. The Petro-Canada brands are used under licence from Suncor;
- “Sunoco” is a Canadian registered trade-mark of Suncor;
- any references to “Sunoco” on Suncor websites refer only to the Ontario downstream brand owned by Suncor, which is separate and unrelated to the Sunoco brand used outside of Canada by Sunoco, Inc., a Philadelphia, U.S.A., corporation;
- both “Shell” and “ExxonMobil” are U.S. registered trademarks used by Suncor Energy (U.S.A.) Inc., as authorized licensee, in the state of Colorado; and
- any references to “Shell” or “ExxonMobil” on Suncor websites refers only to their use by Suncor Energy (U.S.A.) Inc. in the state of Colorado or to their use by their licensor.
You agree to indemnify and hold Suncor, its officers, directors, shareholders, predecessors, successors, assigns, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Suncor by any third party due to or arising out of or in connection with your use of this website or its contents.
Termination, Modification and Suspension
Suncor may terminate your use of this website if you use this website or its contents in any way that is contrary to law or these terms of services or that in any way disrupts this website or Suncor’s services. Suncor reserves the right to modify, suspend or terminate operation of or access to this website or its content or any portion of this website or its content, at any time.
These terms of service are governed by the laws of the Province of Alberta and the applicable laws of Canada and these laws apply to the use of this website or its content by you, notwithstanding your domicile, residency or physical location. This website and its contents are intended for use only in jurisdictions where it may lawfully be offered for use.
These terms of service constitute the entire agreement between Suncor and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Suncor with respect to this website. A printed version of these terms of service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these terms of service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Suncor’s failure to insist upon or enforce strict performance of any provision of these terms of service will not be construed as a waiver of any provisions or right. If any of the provisions contained in these terms of service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions contained herein. The headings contained in these terms of service are for convenience of reference only and do not form part of these terms of service.
This is a statement of the privacy practices applicable to Suncor Energy Inc. (“Suncor”), its subsidiaries and its affiliates and describes how we collect, use and disclose personal information of our customers, website users and other individuals.
In this statement, references to “Suncor”, “we” and “our” and similar references may include – or refer only to – Suncor or one or more subsidiaries, affiliates or entities of Suncor, including Suncor Energy Foundation, Suncor Energy Products Partnership, Suncor Energy Marketing Inc. and Suncor Energy (U.S.A.) Inc., as applicable.
Petro-Canada is a Suncor business.
Personal information is any information about an identifiable individual or information that permits an individual to be identified, but does not, in most circumstances, include business contact information.
Suncor is committed to protecting the privacy and security of the personal information of individuals with whom we interact in accordance with applicable privacy legislation. Respecting and protecting your privacy is important to us and a priority in our continuing relationship.
We collect, use and disclose your personal information with your consent (which may be express or implied) or as required or permitted by law. By providing us with your personal information, you consent to our collection, use and disclosure of that personal information in accordance with this statement of privacy practices. If this statement of privacy practices is not acceptable to you, please do not submit any of your personal information.
Subject to legal and contractual requirements and upon reasonable notice, you may withdraw your consent to our further collection, use and disclosure of your personal information. Contact us at email@example.com to request that your name be removed from our telephone, mail or email marketing lists. If you refuse or withdraw consent, we may be unable to provide you with certain products, services or information, but we will not require personal information beyond what is required to provide those products, services or information.
Nature of Collection
We collect personal information, wherever appropriate, directly from you or from interactions with you, but may, where necessary, collect personal information from other sources. The personal information we collect may include your name, address, email address, location and other information relevant to our providing of products and services to you or doing business with you. We limit our collection of your personal information to the information that is reasonably necessary to fulfill the purposes for the personal information we identify to you or as otherwise required or permitted by law.
Our Purposes for Collection, Use and Disclosure
Suncor collects, uses and discloses your personal information so that we can:
- administer the Petro-Points™ program;
- provide you with ongoing services relating to your purchases of Suncor products, including, but not limited to, fuel, lubricants, car care, warranties and other offerings;
- include you in preferred customer activities, such as special promotions and bonus offers;
- manage, develop and improve our business and operations;
- complete the necessary credit investigation(s) when you are applying for credit;
- assist in the development and marketing of our products and services;
- understand and respond to your needs and preferences, including recommending particular products and services to meet your needs;
- administer scholarships and community-based programs;
- provide localized content based on your location;
- establish and maintain an effective relationship with those with whom Suncor interacts, including customers, suppliers and contractors with whom we do business;
- provide information to interested individuals, including shareholders;
- consider your application for employment opportunities with Suncor;
- protect us from error, breach of contract, negligence, fraud and illegal activity;
- engage in a business transaction, including a purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization of financing involving us or a part of our business; and
- comply with any legal or regulatory requirements, or to cooperate with police and/or financial institutions during any investigation of credit/debit card and/or suspected criminal/fraudulent activities involving Suncor or any of Suncor's service providers or agents.
If we need your personal information for any other purpose, we will identify that purpose and obtain your consent.
Storing and Sharing of Personal Information
Suncor takes great care to ensure your personal information is securely stored. Your personal information is held in confidence by Suncor. Access to this information is restricted to authorized personnel of Suncor and, unless otherwise required or permitted by law, will only be disclosed to program partners (including partners in the Petro-Points program as set out on Petro-Points.com) and third-party service providers responsible for administering our programs or special offers or providing Suncor with services, provided that such partners and service providers use the information only for the purposes for which it was disclosed, and agree to maintain privacy policies consistent with those of Suncor.
Personal information collected by Suncor may be used, processed and stored outside of Canada and may be subject to disclosure in accordance with the laws of such foreign jurisdictions.Please note that the personal information that you disclose on a commercial credit card application will only be used to complete the necessary credit investigation and will not be used for marketing or other purposes, unless we ask for and receive your consent for such use(s).
We use a few technologies to collect non-personal and Petro-Points account-related data to make your experience on our websites better.
We gather this information to make our websites more efficient and relevant for you, find out what content is popular (or unpopular!), validate and complete transactions, improve website functionality and fix experiences that may be broken.
Specifically, we use:
This program works with our other tracking technologies below to paint a picture of how you and our other guests use our website.
These small files are placed in the temporary folder of your browser and help us track information about the use of our website during your session.
These invisible images are placed on some of our webpages to enhance our analytics where our regular tracking may not be enough.
Session data logs.
Our servers automatically collect some anonymous information about your session and create log files.
User ID tracking.
Though most of our technologies work anonymously by assigning a random ID to track your session information, user ID tracking allows us to associate this information across devices and multiple sessions when you log in to your Petro-Points account.
We use your phone's GPS capability or your desktop IP address to track your location so you can use our station locator accurately and see localized content.
What we collect.
These technologies allow us to collect information such as your:
- return visits
- referring and exit pages
- transaction information
- pages visited
- time on page
- login data
- IP address
- form fields
The bottom line is: we use this information to make our website better for you.
Is your information secure?
Your personal information is protected using defense-in-depth security, utilizing a combination of security technologies and practices such as data encryption, firewalls and security monitoring and audits.
You've got options.
If you'd like to disable cookies, visit the Help menu within your browser. Each browser is different, but the menu will walk you through how to ensure your preferences are updated.Our website works best with cookies. Your experience may not be as seamless without them.
If you’d like to opt out of Google Analytics tracking, use Google Chrome to browse our sites and download their Google Analytics Opt-out extension.
Feel free to send us an email at firstname.lastname@example.org if you want to know more about our use of tracking technologies on our websites and your personal information.
Our websites have links to other sites or services not provided by us, including social media websites. These websites or services may have different privacy practices and policies than ours and we recommend that you review their privacy policies to determine if they are acceptable to you. While we are not responsible for those privacy policies and practices, we are responsible for any personal information we collect, use or disclose on those websites or services in accordance with this statement of privacy practices. We also recommend that you review our social media participation guidelines, which describe our social media practices.
Access, Correction, Inquiries and Complaints
Suncor has policies addressing our collection, use and disclosure of personal information. For more information regarding our privacy policies and practices, please email email@example.com. You may also contact us in the same manner to request access to or to correct any of your personal information held by Suncor or to make a complaint about our privacy practices. For inquiries specific to Petro-Canada, you may also call us at 1 (800) 668-0220 for the Petro-Canada Customer Service Network.
Suncor reserves the right to change this statement of privacy practices at any time by posting a new statement. Please check this page periodically for changes.
Updated May 2018
Last modified: June 10, 2020
We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, (unless prohibited by law, and in the case where notice of such change is required by law, as soon as such mandatory notice period expires), and apply to all access to and use of the Mobile App thereafter. Your continued use of the Mobile App following the posting of the revised Agreement means that you accept and agree to the changes. We encourage you to check this Agreement often for updates and changes.
If you do not agree to any of the terms set forth in this Agreement or any future Agreement, do not use or access (or continue to access) the Mobile App. This Agreement applies to all users who access the Mobile App (“Users”).
1. USE OF OUR SERVICE
The Mobile App is intended solely for Users who are 16 years of age or older, and any registration, use or access to the Mobile App by anyone under 16 is strictly prohibited and in violation of this Agreement. If you are older than 16 but younger than 18 years of age, you may use the Mobile App but only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. The Mobile App is not available to any Users previously removed from the Mobile App by Suncor.
We may maintain different types of accounts for different types of Users. If you open a Suncor account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Suncor immediately of any breach of security or unauthorized use of your account. Suncor will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Mobile App by changing the settings in the Mobile App. By providing Suncor your email address you consent to our using the email address to send you Mobile App related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Mobile App and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in the Mobile App. If you opt-out, we may be unable to provide you with certain products, services or information, but we will not require personal information beyond what is required to provide those products, services or information.
C. SERVICE RULES
You agree not to engage (or assist or enable any third party to engage) in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Mobile App in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Mobile App in a manner that sends more request messages to Suncor (or Suncor’s contractor’s) servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Mobile App; (v) taking any action that imposes, or may impose (as Suncor may determine in its our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Mobile App; (vii) collecting or harvesting any personally identifiable information, including account or User names or e-mail addresses, from the Mobile App; (viii) using the Mobile App for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, hiding or attempting to hide your identity; (x) any fraudulent activity; (xi) interfering with the proper working of the Mobile App; (xii) accessing any content on the Mobile App through any technology or means other than those provided or authorized by the Mobile App; or (xiii) bypassing the measures we may use to prevent or restrict access to the Mobile App, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Mobile App or the content therein.
We may, without prior notice, change the Mobile App; stop providing the Mobile App or features of the Mobile App, to you or to Users generally; or create usage limits for the Mobile App. We may permanently or temporarily terminate or suspend your access to the Mobile App without notice or liability for any reason, including if we determine, in our sole discretion, you have or may violate any provision of this Agreement, or for no reason. Upon termination of your access to the Mobile App pursuant to this section, for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Suncor shall have no liability for your interactions with other Users, or for any User’s action or inaction.
You agree not to utilize the Mobile App in a manner which: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable (as determined by Suncor in its sole discretion); (v) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (vi) contains any information or content that you know is not correct and current. Suncor reserves the right, but is not obligated, to suspend or terminate your access to the Mobile App if Suncor believes, in its sole discretion, you have made use of the Mobile App in a manner which violates these provisions.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, industrial design rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
3. END USER LICENSE GRANT
- Use of the Mobile App. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to use the Mobile App for your personal, noncommercial use only and as permitted by the features of the Mobile App. Suncor reserves all rights not expressly granted herein in the Mobile App and Suncor Content (as defined below). Suncor may terminate this license at any time for any reason or no reason.
- To use the Mobile App you must have a mobile device that is compatible with the Mobile App. Suncor does not warrant that the Mobile App will be compatible with your mobile device. Suncor hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use a compiled code copy of the software comprising the Mobile App for one account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile App to any third party or use the Mobile App to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile App, features that prevent or restrict use or copying of any content accessible through the Mobile App, or features that enforce limitations on use of the Mobile App; or (v) delete the copyright and other proprietary rights notices on the Mobile App. You acknowledge that Suncor may from time to time issue upgraded versions of the Mobile App, and may automatically electronically upgrade the version of the Mobile App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile App is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile App or any copy thereof, and Suncor or its third party partners or suppliers retain all right, title, and interest in the Mobile App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Suncor reserves all rights not expressly granted under this Agreement.
4. OUR PROPRIETARY RIGHTS
The Mobile App and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the "Suncor Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Suncor and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Suncor Content. Use of Suncor Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Mobile App, including without limitation about how to improve the Mobile App or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Suncor under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Suncor does not waive any rights to use similar or related ideas previously known to Suncor, or developed by its employees, or obtained from sources other than you.
Suncor cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
7. THIRD-PARTY LINKS
You agree to defend, indemnify and hold harmless Suncor and its affiliates, agents, and licensors, and their respective employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Mobile App, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; or (v) any other party’s access and use of the Mobile App with your unique username, password or other appropriate security code.
9. NO WARRANTY
The Mobile App is provided on an "as is" and "as available" basis. Use of the Mobile App is at your own risk. To the maximum extent permitted by applicable law, the Mobile App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Suncor, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the Mobile App will meet your requirements; that the Mobile App will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Mobile App is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Mobile App is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Mobile App.
Suncor does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Mobile App or any hyperlinked website or service, and Suncor will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUNCOR, ITS AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS OR LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE MOBILE APP. UNDER NO CIRCUMSTANCES WILL SUNCOR BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE MOBILE APP OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUNCOR SHALL BE RELEASED FROM ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE MOBILE APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SUNCOR’S OR SUNCOR’S CONTRACTOR’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOBILE APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE MOBILE APP BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE MOBILE APP; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL SUNCOR, ITS AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS OR LICENSORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SUNCOR FOR THE USE OF THE MOBILE APP OR $1, WHICHEVER IS HIGHER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SUNCOR HAS BEEN ADVISED OF OR OTHERWISE HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
The Mobile App is controlled and operated from its facilities in Canada. Suncor makes no representations that the Mobile App is appropriate or available for use in other locations. Those who access or use the Mobile App from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Canadian and local laws and regulations, including but not limited to export and import regulations. You may not use the Mobile App if you are a resident of a country embargoed by Canada, the United States, or are a foreign person or entity blocked or denied by the Canadian or United States government. Unless otherwise explicitly stated, all materials found on the Mobile App are solely directed to individuals, companies, or other entities located in Canada.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Suncor without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- Governing Law. You agree that: (i) the Mobile App shall be deemed solely based in the province of Alberta, Canada; and (ii) the Mobile App shall be deemed a passive one that does not give rise to personal jurisdiction over Suncor, either specific or general, in jurisdictions other than the Province of Alberta. This Agreement shall be governed by the laws of the Province of Alberta, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between you and Suncor that arises in whole or in part from the Mobile App shall be decided exclusively by a court of competent jurisdiction located in the Province of Alberta, unless submitted to arbitration as set forth in the following paragraph.
- Arbitration. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000, the dispute shall be resolved through binding non-appearance-based arbitration. Any such arbitration shall be conducted in accordance with the Arbitration Act (Alberta) RSA 2000, c A-43 (such act, as may be amended or replaced from time to time, the “Act”) with one arbitrator selected by the agreement of the parties, or failing such agreement within 30 days of the delivery of notice of such arbitration by a party, a court of competent jurisdiction . The arbitration shall, notwithstanding any rule set out in the Act, comply with the following: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as the arbitrator may elect; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. There shall be no right or authority for any claims to be arbitrated on a class action basis.
- Notification Procedures. If you have provided consent to received commercial electronic messages from Suncor in the Mobile App pursuant to Canadian anti-spam legislation, Suncor may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Suncor in our sole discretion. Suncor reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Suncor is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
- Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Suncor in connection with the Mobile App, shall constitute the entire agreement between you and Suncor concerning the Mobile App. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
- No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Suncor's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.