Terms of Use



Welcome to NFSN.net ("NFSN.net" or the "Site"). NFSN.net is owned and operated by NationWide Financial Services Network ("NFSN"). Through NFSN.net, NFSN provides its services to Products Vendors and their customers (collectively, "you"), subject to the following notices, terms, and conditions ("Terms of Use").

       1. Acceptance. Use of the Site is subject to the following Terms of Use. Please read the Terms of Use carefully before using the Site and services, as your use of the Site or services signifies your assent to be bound by these terms. You should, therefore, periodically visit this page to determine the then current Terms of Use to which you are bound.

       2. Privacy. All information gathered from you in connection with your use of the Site will be governed by these Terms of Use and NFSN.net's Privacy Policy.

       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.

        6. License. NFSN hereby grants to you a nonexclusive, nontransferable license to use the Site and the information contained therein pertaining to your Products Vendor or customers. This license is subject to the suspension and termination provisions of the Terms of Use. This license shall terminate at the same time your use of the Site is suspended or terminated.

       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.

       8. Changes to the Site or Terms of Use. NFSN may modify, suspend or discontinue any portion or service of the Site at any time, with or without notice. NFSN reserves the right to modify the Terms of Use at any time. Any modifications shall be effective upon the posting on the Site by NFSN of the modified Terms of Use. You agree to review these Terms of Use periodically so that you are aware of any modifications. Your continued use of the Site shall be deemed your acceptance of the modified Terms of Use. You agree that the above listed standard for notice of changes is reasonable.

       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.

       10. Failure to Comply with Terms of Use. You acknowledge and agree that NFSN may suspend or terminate your use of all or part of the Site and/or deny you access to all or part of the Site, without prior notice, if you engage in any conduct that NFSN believes, in its sole discretion: (a) violates any term or provision of the Terms of Use, (b) violates any rights of NFSN or third parties, (c) or is otherwise inappropriate for continued access and use of the Site. In addition, NFSN reserves the right to terminate inactive accounts. You agree that upon termination for any reason, NFSN may delete all information related to your account and may bar your access to your account and the Site.

       11. Termination. You may discontinue your participation in and access to the Site at any time. Upon discontinuance, your right to use the Site immediately ceases. NFSN shall have no obligation to maintain any Content or to forward any unread or unsent messages to you or any third party. The Terms of Use and NFSN.net’s Privacy Policy will continue to apply to all past use of the Site by you even if you are no longer using 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.

       17. Indemnification. You agree to indemnify, release, defend and hold harmless NFSN and its affiliates, officers, directors, members, managers, employees, shareholders, subsidiaries, agents and licensors from any and all third party claims, liability, damages and/or costs (including but not limited to actual attorneys’ fees) arising from your failure to comply with the Terms of Use as stated herein, NFSN.net’s Privacy Policy as posted on NFSN.net, your infringement or violation of any intellectual property or other right of a third party, or from your violation of any law.

       18. Applicable Law. These Terms of Use shall be governed by and construed in accordance with the procedural and substantive laws of the State of Ohio, U.S.A., without reference to its conflicts of laws provisions. Subject to the jurisdictional requirements of NFSN.net’s Procedure for Making Claims of Copyright Infringement, jurisdiction and venue for litigation of any dispute, controversy or claim arising out of or in connection with these Terms of Use, NFSN.net’s Privacy Policy, NFSN.net’s Procedure for Making Claims of Copyright Infringement or the use of the Site shall be only in the appropriate local, state or federal courts governing Huron County, Ohio. You hereby expressly submit to the personal jurisdiction of the foregoing courts and waive any objection or defense based on personal jurisdiction or venue that might otherwise be asserted to proceedings in such courts. You agree not to request a court located in Huron County, Ohio to transfer any such litigation to a court located elsewhere. All litigation shall be resolved individually, without resort to any form of class action.

       19. Miscellaneous. These Terms of Use together with NFSN.net’s Privacy Policy and NFSN.net’s procedure for Making Claims of Copyright Infringement constitute the entire agreement between you and NFSN with respect to the Terms of Use, Privacy Policy and Procedure for Making Claims of Copyright Infringement. The Terms of Use, Privacy Policy and Procedure for Making Claims of Copyright Infringement replace all prior or contemporaneous Terms of Use, Privacy Policies and/or Procedures for Making Claims of Copyright Infringement, written or oral, regarding the Site. If any provision of the Terms of Use, Privacy Policy or Procedure for Making Claims of Copyright Infringement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of the Terms of Use, Privacy Policy and Procedure for Making Claims of Copyright Infringement shall remain in full force and effect. The failure by NFSN to insist upon or enforce strict performance of any provision of the Terms of Use, Privacy Policy or Procedure for Making Claims of Copyright Infringement will not be construed as a waiver of any provision or right of NFSN. The Terms of Use, Privacy Policy and Procedure for Making Claims of Copyright Infringement will inure to the benefit of NFSN and its successors and assigns.

 





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