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Site Terms and Conditions of Use

Site Terms and Conditions of Use

Northern Tier Energy LLC and Affiliates (collectively, “Northern Tier”, “us” or “we”) maintain this site (the “Site”) for your information only. Please read these 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 Terms of Use. Your use of this Site constitutes your acceptance of and agreement to these Terms of Use.  If you do not agree to these Terms of Use, please do not use the Site. 

1. User’s Acknowledgment and Acceptance of Terms

Northern Tier provides the Site and various related services to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein. In addition, when using particular materials on this Site, users shall be subject to any posted rules applicable to such materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

These Terms of Use are effective as of November 15, 2010. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.

2.  Forward Looking Statements

The content of this website contains forward-looking statements which are protected as forward-looking statement under the PSLRA.  Forward-looking statements reflect Northern Tier’s current expectations regarding future events, results or outcomes, which 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, Northern Tier’s business and operations involve numerous risks and uncertainties, many of which are beyond its control, which could result in Northern Tier’s expectations not being realized or otherwise materially affect Northern Tier’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.
Northern Tier can provide no assurance that such plans, intentions or expectations will be achieved. These statements are based on assumptions made by Northern Tier based on its experience and perception of historical trends, current conditions, expected future developments and other factors that Northern Tier believes are appropriate in the circumstances. Such statements are subject to a number of risks and uncertainties, many of which are beyond Northern Tier’s control.

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

3. Conduct on Site

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 Northern Tier 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 or content 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;

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, we have the right in our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

4. Third Party Sites and Information

This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

5. Intellectual Property Information

Copyright (c) Northern Tier All Rights Reserved.

All content (including but not limited to information, data, communications, software, photos, video, graphics, music, sounds, and other material and services) on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Northern Tier You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means without prior written permission from us or the specific content provider. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws or any violate or infringe the rights of third parties and could result in criminal or civil penalties.

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All graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Northern Tier or its Affiliates. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Northern Tier or any Affiliate.

6. Unauthorized Use of Materials

Any communication or material that you transmit to this Site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary, and you will be automatically deemed to have granted us a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit any information, unsolicited ideas or proposals to this Site under any circumstance.

7.  Limitations of Liability

Under no circumstances, including, but not limited to, negligence, shall Northern Tier be liable for any direct, actual, 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 Northern Tier or a Northern Tier authorized representative has been advised of the possibility of such damages.

8. Disclaimer of Warranties
Northern Tier 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. Northern Tier expressly disclaims liability for any errors or omissions in the materials contained in this Site. Northern Tier 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. NORTHERN TIER 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. NORTHERN TIER 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.

Northern Tier 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.

9. Indemnification

You agree to indemnify, defend and hold harmless Northern Tier, its affiliates and subsidiaries and any of its and their directors, employees, agents and contractors from and against any and all claims, damages, losses, fees, fines, amounts, costs (including, without limitation, reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use and/or (ii) your use or, access to or activities in connection with this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in any such defense.

10. International Use

Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.  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.

11. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

12. Governing Law

This Site (excluding any linked sites) is controlled by us from our offices in Arizona, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Arizona, by accessing this Site both of us agree that the statutes and laws of the State of Arizona, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction sitting in Phoenix, Arizona with respect to such matters.

13. Notices and Contact Information

All notices to a party shall be in writing and shall be made either via mail. Notices to us must be sent to the attention of Office of the General Counsel, Northern Tier Energy, 1250 W. Washington Street, Suite 300, Tempe, Arizona 85281 if by conventional mail. We may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.  Should you have any questions regarding these Terms of Use, please contact us at 602-302-5450.

14. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

15. Miscellaneous

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys‘ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.