SmartRide Terms & Conditions of Use


ACCEPTANCE OF TERMS AND CONDITIONS

Please read the important information regarding your participation in Nationwide's SmartRide program. BY INSTALLING A TELEMATICS DEVICE INTO YOUR VEHICLE(S), BY INSTALLING OR USING THE SMARTRIDE MOBILE DEVICE APP, OR OTHERWISE CONFIRMING YOUR ENROLLMENT IN THE SMARTRIDE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE TERMS AND CONDITIONS OF THE PROGRAM LISTED BELOW.

Participation in Nationwide's SmartRide Program
Your participation in Nationwide's SmartRide Program is expressly conditioned on your acceptance of these terms and conditions. If you do not agree to these terms and conditions, you will not be able to participate in this program. Participation in this program is voluntary; you may choose to stop your participation at any time. Your continued use of any Nationwide SmartRide physical plug-in telematics device ("Plug-in Device)", mobile device app ("Mobile App"), or other technology capable of collecting the necessary data points (collectively referred to as SmartRide Enabled Devices) indicates your acceptance of the program terms and conditions , as may be updated from time to time by Nationwide. Nationwide reserves the right to modify or change the program terms and conditions at any time without prior notice to you.

You acknowledge and agree that you are authorized by the registered owner(s) of the applicable vehicle to collect and transmit data captured by the SmartRide Enabled Device. You also acknowledge and agree that you are authorized to collect vehicle usage data by other individuals who operate or ride in the same vehicle as your SmartRide Enabled Device.

An initial participation discount is applied to your policy when you enroll in the SmartRide program. If you fail to activate the SmartRide Enabled Device within 45 days of enrolling, the participation discount will be removed. Discounts apply to Bodily Injury, Medical Payments, Property Damage and Collision on your Nationwide auto insurance policy. Discounted coverages may vary by state. Nationwide reserves the right to amend these terms and conditions of the Nationwide SmartRide Program, including terminating the program, at any time.

Data Collected
A minimum number of days of data collection are required to derive a SmartRide usage based discount. Data must be collected for at least 85 days prior to the SmartRide Scoring Date, which is 50 days prior to renewal. 1 If at least 85 days of data is not collected, then the SmartRide Enabled Device will continue to collect data until the Next SmartRide Scoring Date. Your participation discount will continue to apply and the SmartRide usage based discount will be derived at the next renewal. Upon collection of data outlined above, at the upcoming renewal you will receive a discount on applicable coverages based on the data collected.

SmartRide Enabled Devices may collect information that includes, but is not limited to acceleration, deceleration, time, speed, G-forces, distance, fuel, VIN, throttle position, geo-location, directional information, mobile device ID, operating system, mobile device model, mobile carrier information, and time stamps, and mobile device interaction during trips. 2

SmartRide Enabled Devices will continue to collect and transmit vehicle-usage and other data to calculate your SmartRide usage based discount until the first SmartRide Scoring Date, after which at least 85 days of data has been collected. You will be able to access your driving data for an additional 45 days following the SmartRide Scoring Date. If at any time you would like to terminate the collection of data prior to the completion of the SmartRide program, you must disable or delete the SmartRide a mobile app, uninstall the plug-in telematics device, or take other steps detailed in this agreement or partner documents to stop the collection of data.

Nationwide Mutual Insurance Company Use of the Data
Nationwide shall retain all rights to the data collected by the SmartRide Enabled Devices. Nationwide will only use the data for research and analytical purposes, premium calculation, and for similar other purposes related to the SmartRide program. Nationwide may share your information, which may include, but is not limited to, data collected by the SmartRide Enabled Devices, claims data, and other information, with its third party vendors for aggregation and analytical purposes and premium calculation. Nationwide may also share your information as permitted or required by law pursuant to a subpoena, court order, law enforcement or regulatory inquiry, or some other duly authorized data request. Data from the SmartRide Enabled Devices may be deemed discoverable by third parties. Nationwide and/or you may be legally required to provide the data to others who may use it in an accident investigation and/or litigation. You should not expect to retain privacy or confidentiality in this data. There may be instances where Nationwide is required to provide data to state departments of insurance to support rate filings.

Nationwide has a privacy policy to protect your personal information. The privacy policy contains a detailed description of your rights and our practices and is available to you upon your request.

Nationwide will retain information collected from SmartRide Enabled Devices for a particular amount of time, as required by law and in accordance with Nationwide's document retention policy.

Nationwide will not sell the data collected to any third parties. Nationwide may be legally required to use data collected by a SmartRide Enabled Device in the investigation of a claim or accident, which may be used or discoverable in litigation. However, Nationwide will not use this data for purposes of determining coverage on first party claims, as well as uninsured and/or underinsured motorist claims you have with Nationwide. Additionally, data collected throughout the program will not be used to cancel, non-renew, or surcharge your policy.

About the Plug-in Telematics Device(s)
As a program participant, you may receive a plug-in telematics device that plugs into the data port of your vehicle and collects vehicle-performance and driver behavior information. This data will be collected from your vehicle's On-Board Diagnostics port and sent via wireless transmission to a secure data collection site.

Nationwide and/or its vendors or partners retain all rights, title, and interest in and to the plug-in telematics device and firmware. You may not alter, duplicate, make copies, reverse engineer, disassemble, decompile or create derivative works from the plug-in telematics device or firmware, or otherwise attempt to derive the source code of the firmware. You agree to defend, indemnify, and hold harmless Nationwide and its third party suppliers from and against any claims actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, directly or indirectly, from or in any connection with your: (a) breach of this agreement; (b) use of the plug-in telematics device and firmware. If you sell your vehicle during this program, you agree to remove the plug-in telematics device prior to transferring your vehicle. You are responsible for the plug-in telematics device until it is returned to Nationwide and you agree to ensure that it is not used for improper or abusive purposes. Because installation of the plug-in telematics device in an incompatible vehicle could cause vehicle damage, you agree to only install the plug-in telematics device in the properly identified enrolled vehicle.

Nationwide does not manufacture the plug-in telematics device and associated firmware used in the SmartRide program. Claims for damage arising from an alleged defect or malfunction of a plug-in telematics device potentially covered under your personal auto policy will be evaluated and adjusted by Nationwide in accordance with the terms and conditions of your insurance policy. All other claims for damage associated with the telematics device will require coordination with the device provider for investigation and resolution. This process may require direct communication between you and the device provider, which Nationwide will help facilitate. Nationwide agrees that the SmartRide enrollment discount will continue to apply until termination of the first renewal period, in the event that claimed damage is being investigated. You agree to return the plug-in telematics device to Nationwide within 45 days of completing the information gathering portion of the program, opting out of the program, or upon request by Nationwide. Failure to do so will result in a $50 fee.3

Disclaimers; Limitation of Liability
NATIONWIDE EXPRESSLY DISCLAIMS, WAIVES, RELEASES AND RENOUNCES ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

NATIONWIDE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING DAMAGES FOR BODILY INJURY OR DAMAGE TO OTHER VEHICLES OR PROPERTY ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY SMARTRIDE-ENABLED DEVICE OR ITS USE.

YOU AGREE THAT NATIONWIDE'S TOTAL LIABILITY FOR DAMAGES CAUSED BY THE PLUG-IN DEVICE SHALL BE LIMITED TO PROPERTY DAMAGE TO THE VEHICLE IN WHICH IT IS INSTALLED OR USED. NOTWITHSTANDING THE FOREGOING, NATIONWIDE SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE RELATED TO THE INSTALLATION, OR IMPROPER USE OF, OR PHYSICAL CONTACT WITH ANY PLUG-IN DEVICE.

YOU AGREE THAT NATIONWIDE'S TOTAL LIABILITY FOR DAMAGES CAUSED BY THE MOBILE APP SHALL NOT EXCEED FIFTY DOLLARS ($50).

YOU AGREE THAT NATIONWIDE SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES IN RELATION TO ANY OTHER SMARTRIDE ENABLED DEVICES NOT ADDRESSED SPECIFICALLY IN THIS SECTION.

IF THE INSTALLED SMARTRIDE-ENABLED DEVICE IMPEDES DRIVING FUNCTIONS, YOU AGREE TO UNPLUG OR STOP USE OF THE SMARTRIDE-ENABLED DEVICE AND CONTACT NATIONWIDE.

YOU AGREE THAT THE "SMARTRIDE TERMS AND CONDITIONS OF USE" IN NO WAY CHANGES, MODIFIES, OR AMENDS THE TERMS AND CONDITIONS OF YOUR INSURANCE POLICY AND ANY CLAIM FOR BENEFITS UNDER YOUR INSURANCE POLICY WILL BE EVALUATED AND ADJUSTED PURSUANT TO ITS TERMS AND CONDITIONS AND APPLICABLE LAW.
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1 At least 65 days of data must be collected in Maryland.
2 Only data related to mileage is utilized in California.
3 Fee does not apply in Maryland or California.



Licensed Product (SmartRide Mobile Application) End User License Agreement

This Licensed Product End User License Agreement ("Agreement") is a legal agreement between You ("You" or "Your") and Nationwide Mutual Insurance Company ("Nationwide"), an Ohio corporation on behalf of itself, its affiliates, and its partners including LexisNexis Risk Solutions Inc. and its affiliates (collectively, "Application Provider"). As a participant in Nationwide's SmartRide Program (referred to as "SmartRide Program"), You have chosen to download and use Nationwide's mobile device solution, including services and the mobile application (collectively, the "Product"), which are licensed, not sold, to You for use only under the terms of this license, unless accompanied by a separate license agreement expressly superseding this Agreement, in which case the terms of that separate license agreement will govern. Application Provider reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the "Licensed Product." By downloading and using the Product, you agree you are bound by this Agreement and our Privacy Policy located at www.nationwide.com/privacy.jsp .

Scope of License

By accepting this Agreement by electronically indicating You "agree" or "accept" by clicking or marking the appropriate location below or by installing or using the Licensed Product You agree to be bound by the terms of this Agreement.

Minor children (persons under the age of eighteen (18) years old) may not use the Licensed Product without the consent of a parent or guardian. No use of the Licensed Product is permitted for minor children under fourteen (14) years old. By accepting this Agreement and/or using the Licensed Product, You, as the parent or guardian of such a minor fourteen (14) years old or older, take full responsibility for all obligations under this Agreement on behalf of Yourself and any minor child's use of the Licensed Product.

A license is hereby granted to You for the Licensed Product by Application Provider. The license granted to You is a limited, non-exclusive, non-transferable license to use the Licensed Product on the mobile device that You own or control and as permitted by the Usage Rules set forth in the applicable mobile application store terms and conditions (the "Usage Rules") solely for personal or internal business purposes consistent with the terms of this Agreement and in accordance with any instructions provided by Application Provider. This license is granted to You for Your use of the Licensed Product at Your own risk. While the motor vehicle is being operated the License Product may only be used to collect driving data, and You expressly agree not to setup, modify, disable, or otherwise utilize the Licensed Product while operating a motor vehicle. This license does not allow You to use the Licensed Product on any other device or on any device that You do not own or control, and You may not distribute or make the Licensed Product available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Product. You agree that the Licensed Product and all upgrades, corrections, and enhancements thereto, are and shall continue to be, at all times property of Application Provider. You may not copy (unless expressly permitted by this Agreement and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Product, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Product). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license expressly superseding this Agreement, in which case the terms of that license will govern.

Consent to Use of Data

You agree that Application Provider may collect and use (i) technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that are gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Product; (ii) information regarding the operation of a motor vehicle including but not limited to speed, time of driving, distance travelled, and acceleration / deceleration events; (iii) location based and geographical information; (iv) and information or images You provide or upload to the Licensed Product such as leaderboard images and alias names, where applicable. Application Provider may provide data to third parties including: Application Provider's parent company and/or group affiliates; individuals listed on Your policy or provide access to Your information or device including information related to Your ranking in comparison to other users, information You publish or upload to the Licensed Product; or to other relevant third party service providers assisting in the provision of this Licensed Product (collectively, "Other Parties"). Additionally, Application Provider may use this information to improve its products or to provide services or technologies to You and for other products and services to which You consent. You understand that Application Provider and Other Parties may be required by law to disclose information regarding Your use of the Licensed Product and if required by law, Application Provider Other Parties will comply with such requests.

YOU UNDERSTAND THAT TEXT AND / OR DATA RATES MAY APPLY FROM YOUR MOBILE SERVICE PROVIDER FOR USE OF THE LICENSED PRODUCT. You expressly agree You are solely responsible for any and all text and data charges incurred for the use of the Licensed Product on Your mobile device.

Termination of License

The license is effective until terminated by You or Application Provider. Application Provider may terminate the license at any time without cause, but Your license will automatically terminate 45 days after the time Your final SmartRide discount is applied to Your policy. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Product, and destroy all copies, full or partial, of the Licensed Product, and if requested by Application Provider, certify to Application Provider such deletion occurred. You understand that if You do not remove the Licensed Product from Your mobile device, that data may continue to be collected by Your mobile device and Application Provider is under no obligation to keep, maintain, transmit, safeguard, store, or notify You of any collection done by Your mobile device after the termination of this Agreement.

Services and Third Party Materials

The Licensed Product may enable access to Application Provider's and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service including but not limited to the Google Maps Terms found at: https://maps.google.com/help/terms_maps.html ; https://www.google.com/work/earthmaps/legal/us/maps_AUP.html ; and http://www.google.com/intl/en/help/legalnotices_maps.html , as may be updated from time to time.

Certain Services may display, include or make available content, data, information, applications or materials from third parties ("Third Party Materials") or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse; does not assume, and will not have any liability or responsibility to You or any other person for: any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You.

You understand and agree that the Licensed Product and Services require GPS capability on Your mobile device and any location data provided by the Services are for the purpose of using the Services only and is not intended to be relied upon for any navigational purposes including in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data displayed by the Services.

You agree that the Licensed Product and Services contain proprietary content, information, and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for the use permitted under this Agreement. No portion of the Licensed Product or Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Licensed Product or Services, in any manner, and You shall not exploit the Licensed Product or Services in any unauthorized way whatsoever, including but not limited to: in violation of any law or regulation; by trespass; in violation of the terms of this Agreement; or burdening network capacity. You further agree not to use the Licensed Product or Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Licensed Product or Services. In addition, the Licensed Product, Services, third party Services and Third Party Materials (collectively, "Materials") that may be accessed from, displayed on or linked to from Your mobile device are not available in all languages or in all countries. The Application Provider makes no representation that Materials are appropriate or available for use in any particular location. To the extent You choose to access such Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to the Licensed Product or Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Licensed Product or Services. The Application Provider may also impose limits on the use of or access to the Licensed Product or Services, in any case and without notice or liability.

Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MATERIALS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MATERIALS, AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

APPLICATION PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE LICENSED PRODUCT OR SERVICES WILL RESULT IN SAFER DRIVING; PREVENT UNSAFE DRIVING; COLLISIONS; PERSONAL INJURY; DEATH; OR OTHER HARMFUL EVENTS.

APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF YOUR MOBILE DEVICE, INCLUDING YOUR MOBILE DEVICE'S BATTERY LIFE, ANY MATERIALS, THE LICENSED PRODUCT, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED PRODUCT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MATERIALS, LICENSED PRODUCT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MATERIALS, LICENSED PRODUCT, OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MATERIALS, LICENSED PRODUCT, OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of liabilities

Application Provider's Liabilities

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE MATERIALS, LICENSED PRODUCT, OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL APPLICATION PROVIDER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, TRANSMISSION OF VIRUSES THAT INFECTS A USER'S EQUIPMENT, MECHANIC OR ELECTRONIC EQUIPMENT FAILURE, FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTS, UNAUTHORIZED ACCESS, THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, OR ANY FORCE MAJEURE.

Your liabilities

Application Provider has the right to deny You access and use of the Licensed Product or Services if You violate (as Application Provider may determine in its sole and absolute discretion) any provision of the Licensed Product End User License Agreement. Application Provider reserves the right to seek all other remedies available at law and in equity. You agree, at Your own expense, to defend, indemnify and hold Application Provider harmless from any claim or demand, including reasonable attorneys' fees, made by a third party in connection with or arising out of Your access to, or use of, the Licensed Product or Services in a manner other than as expressly authorized by the Licensed Product End User License Agreement, Your breach of the Licensed Product End User License or Your violation of applicable laws or any rights of any third party.

Export Restrictions

You may not use or otherwise export or re-export the Licensed Product except as authorized by United States law and the laws of the jurisdiction in which the Licensed Product was obtained. In particular, but without limitation, the Licensed Product may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Licensed Product, You represent and warrant that You are not located in any such country or on any such list. You also agree that You will not use the Licensed Product, Materials, or Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

Intellectual Property, Trademarks, and Copyrights

Intellectual Property

The Licensed Product, Services, and content available on or through the Licensed Product and/or Services comprise intellectual property and/or proprietary information owned exclusively by one or more of the parties constituting the Application Provider that is protected or protectable by copyrights, trademarks, service marks, patents, trade secrets, international treaties or other proprietary rights and laws of the United States and other applicable countries (collectively, "Intellectual Property"). You agree to abide by all applicable proprietary rights and laws as well as any additional trademark or copyright notices or restrictions contained in the Agreement. The Agreement grants You no right, title or interest in Intellectual Property and, except as expressly provided herein, you have no right to reproduce, alter, remove, transmit, publish, or distribute, whether electronically, mechanically, by photocopy, recording or otherwise, Intellectual Property without the prior written permission of the Application Provider. You may address all inquiries concerning use of Intellectual Property to: Nationwide Office of General Counsel, Intellectual Property Department, One Nationwide Plaza, Columbus, OH 43215-2220 (email address: trademark@nationwide.com ).

Trademark Notice

The trademarks, service marks, slogans, logos, trade names, trade dress and other identifiers ("Marks") displayed on the Licensed Product are the property of Nationwide, unless otherwise disclosed. You are prohibited from using any Marks for any purpose including, but not limited to, use on other materials, in presentations, as domain names, or as metatags, without the prior written permission of Nationwide.

The following are some of the most commonly used, federally registered service marks of Nationwide that may appear on the Licensed Product: Nationwide®, the Nationwide N and Eagle, On Your Side®, Nationwide is On Your Side®, and 1-877-On Your Side®. Other Marks (whether registered or not), which are the property of Nationwide, also exist throughout the Site.

Copyright Notice

© 2017 Nationwide Mutual Insurance Company. All rights reserved.

You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available on or through the Licensed Product for commercial or public purposes, without the prior written permission of Application Provider.

Designated Agent (Digital Millennium Copyright Act)

If You think that a work protected by a United States copyright has been linked to, posted or stored on the Licensed Product without authorization, please contact the following agent designated to receive notification of claimed copyright infringement: Copyright Attorney, Nationwide Office of General Counsel, Intellectual Property Department, One Nationwide Plaza, Columbus, OH 43215-2220 or (email address: copyright@nationwide.com).

Additional Terms Relating to Apple

The terms in this section shall only apply if the Licensed Product is provided through the App Store or used on an Apple Device. You acknowledge and agree Apple has no obligation whatsoever to support the Licensed Product, Materials, or Services, nor any warranty obligations with regard to the Licensed Application other than a refund of the purchase price. You agree Apple is under no obligation whatsoever to address any issues or claims that may arise from Your use of the Licensed Product, Material, or Services under this Agreement, for any claims including but not limited to (i) consumer protection, (ii) product liability, or (iii) that the License Product, Materials, or Services fail to comply with any applicable law or regulation. You understand and agree Apple and Apple's subsidiaries are third party beneficiaries to this Agreement, and upon You acceptance or use of the Licensed Product, Apple will have the right to enforce this Agreement against You.

Commercial Items

The Materials, Licensed Product, Services, and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Ohio. You consent to exclusive jurisdiction and venue in Franklin County, Ohio and waive the defense of forum non conveniens.

Entire Agreement

Except to the extent otherwise set forth in the Licensed Product End User License Agreement, this Agreement sets forth the entire understanding between Application Provider and You with respect to Your access to, and use of, the Licensed Product and its content and supersedes all prior or contemporaneous understandings regarding access and use. In the event of any conflict between the SmartRide Program Terms and Conditions and this Agreement as it relates to Your use of the Licensed Product, this Agreement shall control.

Severability

If any portion of this Agreement is found to be unenforceable, the remaining sections of the Agreement will remain in effect.

Waiver

Failure by Application Provider, in any instance, to exercise any of its rights under the Agreement will not constitute waiver of such right or any other rights under the Agreement.

Application Provider Notice Address

Nationwide
World Headquarters
One Nationwide Plaza
Columbus OH 43215-2220
1-877-304-1065

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