3. Submission of Content. You understand that all information, data, graphics, software, messages, opinions, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, images or other materials (collectively, "Content") appearing on or submitted to the Site is the responsibility of the person or entity originating such Content. By submitting Content to the Site ("User’s Content"), you warrant that: (a) you are the owner of such User’s Content, or have been granted all the rights necessary from the User’s Content owner to submit such User’s Content to the Site, and (b) the use of such User’s Content by or on the Site will not infringe the intellectual property rights of or otherwise violate the rights of any third party. By submitting User’s Content to the Site, you automatically grant to NFSN (or warrant that the User’s Content owner has granted to NFSN), a nonexclusive, perpetual, worldwide, royalty free license to use, copy, reproduce, publish, distribute, transmit, adapt, create derivative works of, display, perform, compile, and transfer any such User’s Content for the purpose of transmitting the User’s Content to and from Products Vendors and their customers and for other purposes agreed to by you, without any compensation to you or a third party.
4. Intellectual Property, Restrictions on Use. All Content contained in the Site is protected by copyrights, trademarks, service marks, patents, or other intellectual property and proprietary rights and laws, and is owned by NFSN, its licensors, or third parties whether or not indicated ("Site Content"). You acknowledge that the Site and any underlying technology used in connection with the Site contain proprietary and confidential information of NFSN, its licensors, or third parties. You may not copy, reproduce, publish, distribute, create derivative works of, alter, modify, sell, transfer, display, perform, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Site, except as licensed herein. You must abide by all copyright notices, information, or restrictions contained in or attached to any Site Content or portion of the Site. Any unauthorized access to the Site is considered trespass and therefore is strictly prohibited. You agree not to deep link to the Site for any purpose, unless expressly authorized by NFSN to do so.
5. Copyright. The material provided on the Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. The Site is controlled and operated by NFSN from its offices within the United States. NFSN makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
7. Trademarks. NFSN is a service mark of NationWide Financial Services Network. All rights reserved. This and other NFSN service marks, trademarks, design marks, logos, and trade names may not be used without the prior written consent of NFSN. Third party trademarks, service marks, design marks, logos, and trade names appearing on the Site are the property of their respective owners.
9. Inappropriate Posting or Transmission. You are prohibited from posting on or transmitting through the Site, without limitation, any unlawful, threatening, harassing, damaging, abusive, defamatory, obscene, racially or ethnically discriminatory, or otherwise inappropriate material. You are prohibited from posting on or transmitting through the Site any material that would constitute or promote a criminal or civil offense, or otherwise violate any local, state, national or international law. NFSN, however, does not ensure removal of inappropriate Content after posting. Neither NFSN nor its officers, directors, members, managers, shareholders, employees, agents, affiliates, subsidiaries, or licensors assume liability for any action or inaction with respect to conduct or Content posted on or transmitted through the Site.
12. Links. The Site may contain advertisements and links to web sites operated by third parties. NFSN is not responsible for the Content of those web sites or for your transactions with them. Inclusion of advertisements or links to such web sites does not imply any endorsement of the material on such web sites by NFSN. NFSN is not responsible for webcasting or any other form of transmission received from any linked site nor is NFSN responsible if the linked site is not working appropriately.
13. Account, password, and security. The Site allows you to open a member account. Therefore, you must complete the required registration information and provide any additional information requested by NFSN. If approved by NFSN, in its sole discretion, you will be given a password. You are entirely responsible for maintaining the confidentiality of your password secure account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify NFSN immediately of any unauthorized use of your account or any other breach of security. NFSN will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NFSN or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
14. Disclaimer. THE SITE IS PROVIDED TO YOU "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NFSN DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH THE SITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. NFSN DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR MERCHANTABILITY OF ANY PRODUCTS OR SERVICES OFFERED, REVIEWED, AVAILABLE, OR ADVERTISED THROUGH THE SITE. IN ADDITION, ALTHOUGH NFSN INTENDS TO TAKE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, NFSN DOES NOT WARRANT THAT THE SITE OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE SITE ARE FREE OF VIRUSES, WORMS, TROJANS, KEYLOGGERS, TRAP DOORS, CANCELBOTS, OR OTHER HARMFUL COMPONENTS THAT ARE INTENDED TO DAMAGE, DETREMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT, DISABLE OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. NFSN DISCLAIMS ALL LIABILITY FOR AND NO WARRANTY IS MADE WITH RESPECT TO TELEPHONE SERVICE, INCLUDING COVERAGE, RANGE OR ANY INTERRUPTION IN TELEPHONE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
15. Limitation of Liability. YOU UNDERSTAND THAT IN NO EVENT WILL NFSN OR ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (a) YOUR USE OR INABILITY TO USE THE SITE, (b) YOUR RELIANCE ON ANY CONTENT, (c) ANY INACCURACIES OR TYPOGRAPHICAL ERRORS IN ANY CONTENT, OR (d) ANY GOODS OR SERVICES ADVERTISED ON THE SITE; EVEN IF NFSN OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, NFSN DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OR ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS OR "HACKERS") OF THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
16. Sites Information Disclaimer. Information provided on the Site is for transmittal purposes only. The Site must not be your sole source of information. You must maintain contact with your Products Vendor and customers. Reliance on any information in the Site is done at your own risk.