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SmartRIDE Terms and Condition of Use

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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), 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 with 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 the telematics device indicates your acceptance of the program terms and conditions. You acknowledge that you are authorized by the registered owner(s) of the vehicle in which the telematics device will be installed to install this device, allow information to be collected by the device, and permit us to retain and use the information as described in this agreement. You also agree to inform others who operate your vehicle that it includes a telematics device that is gathering vehicle-usage data. If you sell your vehicle during this program, you agree to remove the device prior to transferring your vehicle. You are responsible for the device until it is returned to Nationwide and you agree to ensure that it is not used for improper or abusive purposes. Nationwide reserves the right to amend the terms and conditions of the Nationwide SmartRIDE Program, including terminating the program at any time. About the Telematics Device As a program participant, you will receive a telematics device that plugs into the data port of your vehicle and collects vehicle-performance and driver behavior information. The telematics device provided to you is property of Nationwide. Nationwide and/or its vendors retain all rights, title, and interest in and to the telematics device and firmware. You may not alter, duplicate, make copies, reverse engineer, disassemble, decompile or create derivative works from the 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 telematics device and firmware. You agree to return the 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 surcharge. Data Collected The telematics device logs vehicle trip and engine data to provide a detailed history of driver behavior and vehicle performance. The telematics device collects information that includes, but is not limited to acceleration, deceleration, time, speed, G-forces, distance, fuel, VIN, and throttle position. 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 Mutual Insurance Company Use of the Data Nationwide shall retain all rights to the data collected by the telematics device. Nationwide will only use the data for research and analytical purposes, premium calculation, and for similar other purposes related to the SmartRIDE program. Nationwide will share your information, which may include, but is not limited to, data collected by the telematics device, 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 telematics device 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 we are 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 the telematics device 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 the telematics 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. 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 THE DEVICE OR ITS USE. YOU AGREE THAT NATIONWIDE’S LIABILITY FOR DAMAGES CAUSED BY THE TELEMATICS DEVICE SHALL BE LIMITED TO PROPERTY DAMAGE TO THE VEHICLE IN WHICH IT IS INSTALLED. NOTWITHSTANDING THE FOREGOING, NATIONWIDE SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE RELATED TO THE INSTALLATION, OR IMPROPER USE OF, OR PHYSICAL CONTACT WITH THE DEVICE. IF THE INSTALLED DEVICE IMPEDES DRIVING FUNCTIONS, YOU AGREE TO UNPLUG THE DEVICE AND CONTACT NATIONWIDE.