Nationwide API Portal

Terms of Use

 

Effective July 7, 2016

These “Terms of Use” are entered into between Nationwide Mutual Insurance Company and its existing and future affiliates and subsidiaries of affiliated companies (collectively “Nationwide”) and You and any company You represent (collectively referred to hereafter as “You”), as the user of the Nationwide API Portal (the “API Portal”), with respect to Your or Your company’s use of the API Portal. The API Portal may include licensed products, data, and services provided by suppliers to Nationwide as well as products, data, and services owned by Nationwide. If You do not fully agree to these Terms of Use, You must discontinue all access to and use of the API Portal.

You agree that these Terms of Use govern Your use of the API Portal and You are deemed to have accepted these Terms of Use by either (a) clicking the “Accept” button when you access the API Portal or otherwise create or access your account or (b) using the API Portal.

You agree to the following:

1. Scope of Use of API Portal. You may only use the API Portal for the purposes for which You are being provided access. This may include for purposes of utilizing application program interfaces or other software (“API”) as well as data or computer networks made available by Nationwide through the API Portal. Each API may have associated policy or procedure documentation (“API Policy(ies)”) that may set forth additional terms and conditions related to the use of that certain API and any data or content provided through or submitted to that certain API. The API Policies are incorporated herein these Terms of Use by reference and may contain additional terms and conditions. In the event of the conflict between these Terms and Conditions and the API Policies, the API Policies will control.

2. API Portal and Your Content. You may use the API Portal and the API’s made available to use solely in accordance with any instructions from Nationwide or documentation related to the APIs and otherwise in accordance with these Terms of Use. All software, APIs, documentation, material, data, or property (“Nationwide Material”) shall at all times be deemed owned exclusively by Nationwide or (as applicable) its suppliers or third party licensors, and Your use of any Nationwide Material shall at all times but subject these Terms of Use. For all data or material (“Your Content”) submitted to Nationwide through the API Portal, You hereby assign to Nationwide all right, title, and interest in and to Your Content, and hereby agree to execute any and all documentation and undergo any necessary steps to effectuate this assignment at Your own cost and expense, and at Nationwide’s instruction. You represent and warrant to Nationwide that (a) You have all right, title, and interest to provide Your Content to Nationwide, (b) the provision of Your Content to Nationwide does not and will not violate, infringe upon, or misappropriate a third party’s intellectual property or proprietary rights or breach any contract with a third party or otherwise violate applicable law, and (c) Your Content will not contain any disabling device or any malware or other software routine, scripts, or code that could cause (i) unauthorized access to equipment, systems or data, (ii) unauthorized disclosure of data, (iii) unauthorized deletion of data, or (iv) disabling or otherwise harming API Portal.

Unless otherwise specified in separate agreement between Nationwide and You or as may be set forth in the API Policies, (1) Nationwide retains all ownership of all data stored in, uploaded to, or processed by the API’s made available hereunder and all data You submit or transmit to Nationwide through Your use of the API shall be deemed owned by Nationwide; and (2) Your use of any Nationwide data shall be limited to use solely related to the use of the API and in strict accordance with Nationwide’s instructions and the API Policies. With or without cause or notice to You, Nationwide retains the right to disable or remove Your access to any API or any data made available to You or otherwise accessible through any API.

3. Use of APIs: Unless specifically set forth in the applicable API Policy, You are not permitted to do any of the following:

 
  • Assign, transfer, sell, or license any rights granted to You herein to any third party;
  • Disable, deactivate, or circumvent, or attempt to do any of the foregoing, any security protocols, systems, passwords, access controls, technologies, or methodologies associated with any Nationwide computer network or the APIs;
  • Upload, transmit, or publish any illegal, threatening, abusive, defamatory, libelous, deceptive, unfair, obscene, or offensive data or content to the APIs or any Nationwide computer network;
  • Transmit, communicate, propagate, or introduce any virus, malware, malicious or destructive code, software, files, systems, denial of service attack, or otherwise;
  • Send or transmit any unsolicited, illegal, or unpermitted communications, marketing, advertising, spam, or otherwise;
  • Access the API Portal from outside the United States of America;
  • Sell, transfer, assign, or license Your access to or use of the API Portal, charge a fee to access the API Portal, or otherwise provide the API Portal as a service bureau to any third parties;
  • Use the APIs or Nationwide’s computer networks for any purpose or in any manner not permitted by applicable law;
  • Reverse engineer, decompile, or otherwise attempt to derive the source code or specifications of the APIs or any Nationwide software, system, or network;
  • Provide any permitted access codes, passwords, or security tokens or information to any third party;
  • Interfere with the operation of the API’s or any other party’s use of the API’s or Nationwide’s computer network or systems; or
  • Otherwise use the APIs for any purpose or in any manner not expressly permitted by the API Policies, these Terms of Use, or by Nationwide in writing.
 

4. Intellectual Property. Nationwide owns and shall be deemed to retain all rights in the APIs made available to You. Nationwide grants you a limited, non-exclusive license to use the API Portal and Nationwide’s API’s solely for the purposes set for the applicable API Policies or as set forth herein. All rights not expressly set forth herein are hereby reserved.

5. Confidentiality. Your access to and use of the API Portal or any API’s contained therein may result in the access to or receipt of Confidential Information of Nationwide. Unless You have executed a separate written agreement with Nationwide that specifically governs the use and disclosure of this Confidential Information, the following applies to You:

  • You will use Confidential Information solely for the purposes for which such Confidential Information was provided (for example, solely related to your use of the API in accordance with its documentation) and for no other purpose.
  • You agree that all Confidential Information remains the property of Nationwide and neither these Terms of Use nor the furnishing of any Confidential Information via the API Portal will be construed as granting any license or title to any patent, copyright, trademark or other proprietary right owned or controlled by Nationwide.
  • You will not allow access to or disclose Confidential Information to any third parties, except Your employees or agents who have a need-to-know the Confidential Information for the purposes for which such Confidential Information was disclosed (“Representatives”) and solely to provide services to You.
  • You will execute a confidentiality agreement with each Representative that contains nonuse and nondisclosure provisions no less restrictive than those provisions specified in these Terms of Use.
  • At any time upon request, You will discontinue all access to and use of Confidential Information and return or destroy the Confidential Information as specified by Nationwide.
  • You will not use in advertising, publicity, or otherwise any name, trade name, trademark, trade device, service mark, symbol or any abbreviation, contraction or simulation thereof owned by the Nationwide or its affiliates or subsidiaries or its employees or agents. You will not represent, directly or indirectly, to any third party that any of Your products or services have been approved or endorsed by Nationwide.
  • “Confidential Information” means all information, data, software, documentation, content, designs, and materials that is made available to You or otherwise accessible through Your use of the API Portal. All such Confidential Information shall be deemed owned exclusively by Nationwide. Confidential Information does not include any data or information which (i) was in Your lawful possession and owned by You prior to Your use of the API Portal, (ii) is later lawfully made available to You by a third party having no obligation of secrecy or confidentiality to Nationwide, (iii) is independently developed by You and not otherwise a derivative of Nationwide Confidential Information, or (iv) is or later becomes available to the public through no act or failure to act by You. Confidential Information includes, but is not limited to, Nationwide’s ideas, inventions, discoveries, techniques, processes, procedures, patterns, formulas, compilations, methods, devices, improvements, technical data and specifications, testing methods, research and development, computer programs and designs, products/pricing, costs, customer information, programs, systems, and/or other business strategies. Additionally, as Nationwide has a responsibility to protect the privacy of its employees, policyholders, customers, licensors and contractors, all personal information relating to any such individual which may be shared with, or obtained by, arising out of the API Portal, shall always be considered Confidential Information of Nationwide or its third party suppliers. You will comply with all applicable state and federal privacy laws, rules and regulations related to any data or information you submit to the API Portal or otherwise receive from Nationwide by way of your access to the API Portal.

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6. Suspension and Termination. Nationwide may suspend or terminate Your access to and use of API Portal at any time and for any reason. Nationwide may do so without providing you or Supplier notice of suspension or termination.

7. User IDs, Passwords, or Access Codes. You may not share your user ID, password, or access codes (if any) with other users or with third parties, except as permitted by Nationwide in writing. You are and will be fully responsible for Your use of Your user ID, password, and any access codes and any loss, theft, or unauthorized disclosure or use of your user ID, password, or access codes. You will immediately notify Nationwide in the event of any loss, theft, or unauthorized disclosure or use of any user ID, password, or access code, or if You have reason to believe that Your access to the API Portal is no longer secure for any reason.

8. Disclaimers of Warranties and Liability. The API Portal and all products and services provided thereunder are provided to You “AS-IS” and “AS AVAILABLE” and subject to these Terms of Use. You accept all risk of loss associated with Your use of the API Portal or Your failure to comply with these Terms of Use.

  • ALL INFORMATION, SOFTWARE, DATA, AND OTHER MATERIALS PRESENT ON THE API PORTAL, INCLUDING, WITHOUT LIMITATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES ABOUT THE CONTENT'S NATURE OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES, AND NATIONWIDE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE API PORTAL INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR OTHERWISE
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NATIONWIDE OR ITS SUBSIDIARIES OR AFFILIATES, OR ITS OR THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR (A) ANY DIRECT DAMAGES IN EXCESS OF $100.00 USD IN THE AGGREGATE OR (B) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES). 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.

9. Indemnification. You agree to defend, indemnify, and hold harmless Nationwide and its subsidiaries and affiliates, and its and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorney’s fees) arising out of or related to: (i) Your access to and use of API Portal; (ii) Your failure to comply with the Terms of Use, (iii) Your alleged infringement or misappropriation of any third-party intellectual property rights; or (iv) Your violation of any applicable law, rule, or regulation of the United States or any other country.

10. Your Privacy and Security on the Site. Nationwide takes privacy and online security very seriously. Please see our Privacy Policy www.nationwide.com/privacy-security that explains how we collect, use and share visitor information. In order to use the API Portal, You may be required to register in accordance with the instructions on the API Portal and create an account by providing some personal information including your name and email. You are responsible for telling Nationwide if you've changed your personal information You have provided to Nationwide. You may not use any information obtained from the API Portal for spamming or solicitation or any other use not specifically permitted by these Terms of Use or the documentation related to the applicable API. The API Portal is not intended for children ages 13 and younger.

11. Hyperlinks, Third Party Sites. From time to time, Nationwide may authorize linked Web Sites or APIs to or from the API Portal (“Third Party Sites”). These Third Party Sites are controlled and operated by third parties and not by Nationwide. Nationwide makes no representations and disclaims all liability as to the content or material available at those locations, the accuracy of information, and the quality of products or services provided or advertised on the Third Party Sites. The fact that Nationwide authorizes these Third Party Sites is not an endorsement, authorization, express or implied sponsorship, or affiliation with respect to Third Party Sites, its owners, sponsors, or providers.

12. Updates. You agree that Nationwide may update these Terms of Use from time to time. Any update to these Terms of Use will be made available via a link displayed on the API Portal log in screen or via an email sent to the email address you provided to Nationwide. Your continued use of Nationwide API Portal after any updates constitutes your acceptance of the updated Terms of Use as of the “posted date” of the new Terms of Use.

13. Additional Terms.

Governing Law. Nationwide operates the API Portal from its offices within the United States. Nationwide does not represent that site content or APIs on the API Portal are appropriate or applicable for use in any other country, and access from certain countries other than the United States may be strictly prohibited. You acknowledge and agree that You are accessing the API Portal on Your own initiative, at Your own risk, and are responsible for compliance with all local laws. These Terms of Use are governed by and will be interpreted in accordance with the laws of the State of Ohio, without giving effect to its conflict of laws provisions. The courts of Franklin County, Ohio will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with these Terms of Use.

Survival. The titles used in these Terms of Use are for reference purposes only. The following provisions will survive any termination or expiration of the Terms of Use (and any suspension or termination of Your access to or use of API Portal): (2) API Portal and Your Content, (3) Use of APIs, (4) Intellectual Property, (5) Confidentiality, (7) User IDs, Passwords, and Access Codes, (8) Disclaimers of Warranties and Liability, (9) Indemnification, and (13) Additional Terms.

Severability, Assignment. If any portion of these Terms of Use is found to be unenforceable, the remaining sections of the Terms and Conditions will remain in effect. You may not assign these Terms of Use or assign, transfer or sublicense your rights, if any, in the API Portal.

Waiver. Failure by Nationwide, in any instance, to exercise any of its rights under the Terms of Use will not constitute waiver of such right or any other rights under the Terms of Use. Entire Agreement. Except to the extent otherwise set forth in the Terms of Use, these Terms of Use set forth the entire understanding between Nationwide and You with respect to your access to, and use of, the API Portal and any content or data contained therein and supersedes all prior or contemporaneous understandings regarding access and use.