Nationwide API Portal
Effective July 7, 2016
You agree to the following:
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
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 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.
- 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.
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.
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.
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.
13. Additional Terms.