Terms of use

Last Updated: December 11, 2019
  1. Agreement.
  2. Authority to Access Information.
  3. Representations and Warranties.
  4. Disclaimer of Warranties.
  5. Limitation of Liability.
  6. Your Responsibilities and Liabilities.
  7. Privacy.
  8. Updating Your Personal Information.
  9. Spamming and Solicitation.
  10. Not Intended For Children.
  11. Electronic Signatures.
  12. Intellectual Property.
  13. Trademark Notice.
  14. Copyright Notice.
  15. Designated Agent and Digital Millennium Copyright Act.
  16. License and Reproduction.
  17. License to Mobile Application.
  18. Hyperlinks.
  19. Third-Party and Aggregation Sites.
  20. Operated from the U.S.
  21. Submissions of Unsolicited Ideas.
  22. Visitor Submissions.
  23. Aggregated Data.
  24. Financial Assessments, Recommendations, Plans, Availability.
  25. Export Controls.
  26. Revisions.
  27. Termination.
  28. Survival.
  29. Contact Us.
  30. Entire Agreement.
  31. Assignment.
  32. Governing Law.
  33. WAIVER OF JURY TRIAL AND CLASS ACTION.
  34. Severability.
  35. Waiver.

1. Agreement.

NW Fyrebyrd LLC, hereinafter referred to as “Nimbl by Nationwide” or “Nimbl”, a subsidiary of Nationwide Mutual Insurance Company, and its subsidiaries, affiliates, and its service providers (collectively “Nationwide”), provide the websites, mobile applications, and services or third-party services offered through them (the “Site”) subject to these Terms of Use (“Terms”).

By using or accessing the Site, you agree to be bound by the Terms. The Terms are in addition to any other agreements between you and Nationwide, such as the terms applicable to your specific insurance or financial services product.  NIMBL DOES NOT PROVIDE ACCESS TO THE SITE AND ITS RELATED SERVICES TO RESIDENTS OF IDAHO AND KENTUCKY.

2. Authority to Access Information.

By using our Site, you hereby authorize Nationwide to access third party sites, as your agent, to retrieve information. You hereby grant Nationwide an irrevocable, worldwide, royalty-free, license to any information, data, passwords, usernames, PINs, personally identifiable information, or other content you provide through the Site. You authorize Nationwide to use this information, Content, or other information we retrieve through third-party sites on your behalf to provide the Site, Content, Nationwide products or services, or other permissible business purposes. Except as otherwise provided herein, Nationwide may store, use, change, or display this information or create new content using this information.

Unless and until this the Terms are terminated, you grant Nationwide the right to access information at third-party sites on your behalf. Third-party sites may rely on the authorizations granted by you or through your account. You hereby grant Nationwide the right to access third-party sites to retrieve information and use such information, as described herein, for the delivery of the Site or Content and other purposes described in the Terms. The Site or Content are not sponsored or endorsed by any third-party site. Nationwide may retrieve information from third party sites at your request and with your permission—not on behalf of third-party sites.

3. Representations and Warranties. 

You represent and warrant that all information you provide to Nationwide in connection with the Site or Content is accurate, current, and complete. You shall not misrepresent your identity or account information. You shall keep account information secure, up to date, and accurate. You represent and warrant that you are a legal owner, or an authorized user, of the accounts at third-party sites that you include or access through the Site, and that you have the authority to (i) designate Nationwide as your agent, (ii) use the Services, and (iii) give Nationwide the passwords, usernames, and all other information you provide.

4. Disclaimer of Warranties.

ALL INFORMATION AND OTHER MATERIALS PRESENT ON THE SITE (“CONTENT”), INCLUDING (WITHOUT LIMITATION) PRODUCTS, AND SERVICES, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NATIONWIDE, AND ITS SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES OF ANY KIND ABOUT THE SITE OR CONTENT, INCLUDING RELATING TO ITS ACCURACY OR AVAILABILITY. THERE ALSO ARE NO REPRESENTATIONS OR GUARANTEES.

NATIONWIDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY WEBSITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THE SITE IS LINKED (“LINKED WEBSITE”). NATIONWIDE DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEBSITE.

NATIONWIDE MAKES NO WARRANTY THAT (i) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SITE OR CONTENT WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT MAY RESULT. 

The information, products, software or service descriptions published on the Site or a Linked Website may include inaccuracies or typographical errors. The company disclaims liability for such errors and does not warrant or represent that the content on the Site or a Linked Website is updated or complete. Nationwide has no obligation to update any content on the Site and may change or improve the Site at any time without notice.

Nationwide does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than Nationwide.

Nationwide makes no representations, warranties or guarantees that the Site will be accessible continuously and without interruption or errors.

The Site does not, and is not intended to, provide legal, tax, or financial advice. The Site and Content are provided as strictly educational in nature. If you require legal, financial, or other professional advice, you should seek the services of a competent professional. 

Past performance does not guarantee future results. Nationwide does not warrant that the Site complies with the requirements of the FINRA or those of any other organization anywhere in the world.

Some jurisdictions do not allow the exclusion of certain warranties; therefore, some of the above exclusions may not apply to you.

5. Limitation of Liability.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL NATIONWIDE OR ITS RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES ANY LOST PROFITS, GOODWILL, DATA OR OTHER LOSSES, COSTS OF OBTAINING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF YOU’VE NOTIFIED NATIONWIDE ABOUT THE POSSIBILITY OF SUCH DAMAGES. THIS ALSO INCLUDES ANY CLAIMS BY YOU OR ANY THIRD PARTIES ARISING OUT OF (OR IN ANY WAY RELATED TO) THE ACCESS, USE, OR CONTENT OF THE SITE OR A LINKED WEBSITE OR ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE. THIS APPLIES WHETHER SUCH CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.

THIS LIMITATION ON LIABILITY INCLUDES (BUT IS NOT LIMITED TO) (i) TRANSMISSION OF VIRUSES THAT INFECTS A USER’S EQUIPMENT, (ii) MECHANIC OR ELECTRONIC EQUIPMENT FAILURE, (iii) FAILURE OF COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTS, (iv) UNAUTHORIZED USE OR ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) THEFT, OPERATIONAL ERRORS, STRIKES OR OTHER LABOR PROBLEMS, STATEMENTS OR CONDUCT OF ANYONE ON THE SITE, ANY FORCE MAJEURE EVENT, (vi) THE USE, INABILITY TO USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.

NATIONWIDE SPECIFICALLY DISCLAIM ANY LIABILITY, LOSS, OR RISK INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF THE USE OR APPLICATION OF ANY OF THE CONTENT ON THIS SITE. 

NATIONWIDE IS NOT RESPONSIBLE FOR ANY CREDIT, INSURANCE, EMPLOYMENT, OR INVESTMENT DECISIONS OR ANY DAMAGES OR OTHER LOSSES RESULTING FROM DECISIONS THAT ARISE IN ANY WAY FROM THE USE OF THE SERVICES OR ANY MATERIALS OR INFORMATION ACCESSIBLE THROUGH IT. 

6. Your Responsibilities and Liabilities.

You agree not to use the Site or Content in any way that would: (i) be fraudulent or involve the sale of counterfeit or stolen items, including but not limited to use of the Site to impersonate another person or entity; (ii) violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (iii) create liability for Nationwide or cause Nationwide to lose the services of our service providers; (iv) access the information and content programmatically by macro or other automated means; or (v) use the Site in such a manner as to gain unauthorized entry or access to computer systems.

Nationwide has the right to deny you access and use of the Site and its Content if you violate (as Nationwide may determine in its sole and absolute discretion) any provision of the Terms. Nationwide may seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify, and hold Nationwide, including its third-party service providers, their officers, directors, employees and agents, harmless from any claim or demand (including reasonable legal fees) made by a third party arising out of or relating to the Site or any of its Content. This includes your breach of the Terms, your violation of applicable laws, your infringement (or infringement by any other user of your account) of any intellectual property or other right of anyone, or any other rights of any third party. You are solely responsible for your use or access to the Site. You are solely responsible for the security and confidentiality of your login credentials, preventing unauthorized access to your information or your use of the Site, and all activities that occur under your account.

7. Privacy.

Our Privacy Policy, which is incorporated herein by this reference, explains how Nimbl collects, uses, and shares your information.

8. Updating Your Personal Information.

You’re responsible for telling Nimbl if you’ve changed your personal information, such as your name, telephone number, mailing address, email address or other personal information. You may update your personal information through our website(s) or by calling Nimbl at 1-844-917-1177.

9. Spamming and Solicitation.

You may not use any information obtained from the site for spamming or solicitation.

10. Not Intended For Children.

The Site is not intended for children ages 13 and younger. You must be at least 18 years of age and reside in the U.S.A. to use the Site. You hereby represent that you are at least 18 years of age and that you have the power and authority to agree to these Terms.

11. Electronic Signatures.

Our Electronic Delivery Agreement, which is incorporated herein by this reference, describes your use of electronic records and signatures.

12. Intellectual Property.

Intellectual property is protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws, as well as any additional trademark or copyright notices or restrictions contained in the Terms. You agree that Nationwide retains all ownership and proprietary rights in the Site, associated content, technology, mobile applications, and websites. The Terms grant you no right, title, or interest in Nationwide’s intellectual property and create no relationship between you and Nationwide. You may address all inquiries concerning use of Nationwide’s intellectual property to: Nationwide Office of General Counsel, Intellectual Property Department, One Nationwide Plaza, Columbus, OH 43215-2220 (email address: trademark@nationwide.com). 

13. Trademark Notice.

The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Site are the property of Nationwide, unless otherwise disclosed. You’re prohibited from using any Marks for any purpose (including, but not limited to, use on other materials, in presentations, as domain names or as metatags), without the written permission of Nationwide.

Nimbl and Nimbl by Nationwide are service marks of Nationwide Mutual Insurance Company. Used under license by NW Fyrebyrd, LLC.

© 2019 Nationwide Mutual Insurance Company. All rights reserved.

You’re prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes, without the prior written permission of Nationwide.

15. Designated Agent and Digital Millennium Copyright Act.

If you are a copyright owner or an agent thereof of a work protected by a United States copyright that has been linked to, posted or stored on the Site without authorization and you believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent, with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that’s allegedly infringed 
  • Identification of the copyrighted work claimed to have been infringed, including a URL (if applicable). If multiple copyrighted works at a single online site are covered by a single notification, please provide a representative list of such works on that site. 
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (or access to which is to be disabled). Please provide information reasonably sufficient to permit the service provider to locate the material. 
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and email address 
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law 
  • A statement that the information in the notification is accurate (under penalty of perjury) and that you’re authorized to act on behalf of the owner of an exclusive right that’s allegedly infringed

Please direct copyright infringement notifications to:

Marketing and Intellectual Property Legal Team
1-32-305, One Nationwide Plaza
Columbus, OH 43215-2220
copyright@nationwide.com (the “Copyright Agent”)

You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.

If you believe that your content that was removed, or to which access was disabled, from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature 
  • Identification of the content that has been removed (or to which access has been disabled) and the location where the content appeared before it was removed or disabled 
  • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content 
  • Your name, address, telephone number and email address 
  • A statement that you consent to the jurisdiction of the federal court in Columbus, Ohio 
  • A statement that you will accept service of process from the person who provided notification of the alleged infringement

If a counter notice is received by the Copyright Agent, Nationwide may send a copy of the counter notice to the original complaining party informing them that Nationwide may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced (or access to it restored) in 10 to 14 business days. Replacing or restoring content is at Nationwide’s sole discretion and could take longer than 14 business days.

16. License and Reproduction.

Original materials of Nationwide posted on the Site are protected by intellectual property laws. You are granted a nonexclusive, nontransferable, limited and revocable right to access, use, display and navigate the Site solely for your personal, non-public use. You’re also granted a limited and revocable license to print copies of the Content, but solely for your personal, non-public use. Except as expressly provided above, all rights are reserved. Any commercial or public use of the Site or any of its Content is strictly prohibited without written permission from Nationwide.

Except as expressly provided above, no portion of the Site, its Contents or any copyright, trademark, trade name, service mark or any other proprietary information of Nationwide (collectively, the “Intellectual Property”) displayed on the Site or on any of the Content may be reproduced, altered, removed, transmitted, published or distributed (whether electronically, mechanically, by photocopy, recording or otherwise), without prior written permission from Nationwide. Use of any Nationwide trademarks as metatags on any third-party website is strictly prohibited. You may not co-brand the Site or display the Site in frames (or any of the Content through inline links) without prior written permission from Nationwide. “Co-brand” means your display of any of the Intellectual Property (or your taking of other means of attribution or identification of Nationwide) in such a manner reasonably likely to give a third party the impression that you or such third party has the right to display, publish or distribute the Site or any of its Content. You agree to cooperate with Nationwide in causing any unauthorized co-branding, framing or linking to immediately cease.

17. License to Mobile Application.

Nationwide hereby grants you a nonexclusive, nontransferable, limited, and revocable at any time license to access and use the app in accordance with the Apple Media Terms of Service, Google Play Terms of Service, other applicable terms—as updated from time to time. Apple, Google, and their subsidiaries may be third party beneficiaries of the Terms. They may have the right enforce to the Terms against you. However, Nationwide may enter into, rescind, or terminate the Terms, vary them, waive them, or settle under these Terms without the consent of any third party.

If you are using an iOS or Google Chrome version of our mobile application, this section also applies to you. Apple and Google are not parties to the Terms. They:

  • Do not own and are not responsible for the app;  
  • Do not provide any warranty for the app; and  
  • Are not responsible for maintenance or other support services for the app and will not be responsible for any claims, losses, liabilities, damages, costs or expenses with respect to the app, including, without limitation, any third-party claims, product liability claims, claims that the app fails to conform to any applicable legal requirements, claims arising under consumer protection legislation, or claims relating to intellectual property infringement.

You shall direct any questions, concerns, or complaints about the app to Nationwide by using the contact information in the “Contact Us” section of the Terms. 

Unless otherwise explicitly permitted by applicable law and the Terms, you may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Site. Nationwide owns the Site.

From time to time, Nationwide may authorize Linked Websites to or from the Site. Linked Websites are controlled and operated by third parties, 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 Linked Websites. The fact that Nationwide authorizes Linked Websites is not an endorsement, authorization, express or implied sponsorship, or affiliation with respect to Linked Websites, its owners, sponsors or providers.

19. Third-Party and Aggregation Sites.

With respect to any third-party sites we may enable you to access through the Site or with respect to any non-Nationwide accounts you use with our Site, you agree to the following:

  1. You are responsible for all fees charged by the third party in connection with any non-Nationwide accounts and transactions. You agree to comply with the terms and conditions of those accounts and agree that these Terms do not amend any of those terms and conditions. If you have a dispute or question about any transaction on a non-Nationwide account, you agree to direct these to the account provider. 
  2. Any links to third party sites that we may provide are for your convenience only, and Nationwide does not sponsor or endorse those sites. Any third-party services, which you may be able to access through the Site, are services of the listed institutions. Nationwide is not responsible for any transactions or inquiries you initiate at third-party sites. The third-party sites you select are solely responsible for their services to you.

We’re not responsible for the use or disclosure of any personal information accessed by any company or person to whom you provide your Site username and password. If you provide your Site username, password, or other information about your accounts to others, we’ll consider that you’ve authorized all transactions or actions initiated by your username, password, or other information about your accounts.

20. Operated from the U.S.

Nationwide operates the Site from its offices within the United States. Nationwide does not represent that Content on the Site is appropriate or applicable for use in any other country. Access from certain countries other than the United States may be strictly prohibited. You are accessing the Site on your own initiative and at your own risk. You’re responsible for compliance with all laws. 

21. Submissions of Unsolicited Ideas.

Nationwide values your feedback. However, Nationwide ask that you not submit to us any suggestions, materials, ideas or creative concepts for new, modified or different products or services through the Site. Nationwide makes this request to avoid confusion in the future regarding the origin of the concept, product or service. 

If, despite our request that you not send us any creative materials, you still send us creative suggestions, ideas, concepts or other information (collectively, the “Information”), such Information shall be deemed by Nationwide to be (and shall remain) the property of Nationwide. None of the Information shall be subject to any obligation of confidence on the part of Nationwide. Also, Nationwide shall not be liable for any use or disclosure of any Information. Without limiting the foregoing, Nationwide shall exclusively own all rights to the Information of every kind and nature and shall be entitled to unrestricted use of the Information for any purpose whatsoever (commercial or otherwise), without compensation to the provider of the Information.

22. Visitor Submissions.

All communications initiated by you (also defined herein as a “Visitor”) and made to or through portions of the Site that permit uploading of questions, comments or other material are hereby considered “Visitor Submissions.”

If you submit material intended for display where technically permitted within the Site, you agree to abide by the terms set forth herein. Visitor Submissions will not contain any content that’s illegal, indecent, profane (either directly or indirectly through partially-obscured words, letters, phrases, terminology or the like), threatening, defamatory, derogatory, counter to Nationwide’s Privacy Policy or otherwise injurious to Nationwide or third parties. Visitor Submissions also must not consist of or invoke malicious software code, constitute commercial solicitation (except where pre-approved by Nationwide), consist primarily of an unsolicited electronic mass mailing, be political in nature, or the like. Where an email address is required to upload Visitor Submissions, you agree to use a valid email address and represent that you’re the individual identified by the address. If you wish to submit materials to the Site, you shall not impersonate any other individual or entity or otherwise mislead anyone as to the origination of the Visitor Submission.

Visitor Submissions will not be accepted that infringe in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contain privileged, confidential, proprietary or trade-secret information of any individual or entity, or that may violate the legal rights of any person or entity in any jurisdiction or locale. You may not submit materials that are (or purport to be) the personally identifiable information about others, such as full name, postal address, email address, telephone number or any other personal attribute which would constitute harassment or an invasion of privacy.

Visitor Submissions become the property of Nationwide. You grant Nationwide a non-exclusive, royalty-free, perpetual, irrevocable, fully-transferable, sub-licensable and assignable right to use, edit, modify, adapt, translate, edit and reformat Visitor Submissions as necessary, and for any purpose, anywhere in the world, including into those forms that may constitute advertising. If you submit a Visitor Submission, you’re also hereby granting to Nationwide the non-exclusive right to seek enjoinment and possible damages from any third party who otherwise uses Visitor Submissions in an unauthorized way or through unauthorized reproduction of any Visitor Submission.

Visitor Submissions used, displayed or propagated by Nationwide or others licensed by Nationwide to use Visitor Submissions may be attributed to you unless the visitor has expressly requested anonymity. Nationwide may, in its sole discretion, select among the Visitor Submissions for the most appropriate material to be used. Nationwide may remove Visitor Submissions from the Site in its sole discretion, but is not obligated to do so.

Visitors shall not redistribute or reproduce elsewhere Visitor Submissions in any manner or in any media, including re-submitting or republishing any Visitor Submission on any other site not affiliated with Nationwide.

23. Aggregated Data.

Deidentified, aggregate information, comprising of financial account balances, other financial account data, or other available data that is collected through your use of the Site, may be used by Nationwide and our service providers for analytical research; performance tracking; benchmarking; or product, service, or Site improvement purposes. Nationwide’s service providers may publish summary or aggregate results relating to metrics comprised of this data, from time to time, and distribute or license such deidentified or aggregated data for any purpose, including but not limited to, improving products and services, assisting in troubleshooting and technical support. Your personally identifiable information will not be sold to third parties and will be subject to Nationwide’s privacy policy. 

24. Financial Assessments, Recommendations, Plans, Availability. 

Our Site may offer you financial assessments, recommendations, tips, or plans. These assessments, recommendations, or plans are for informational purposes only. They may contain errors. They are provided “as is.” You are solely responsible for the use of the information available through our Site.

When using the Site, you may incur technical or other difficulties. Nationwide is not responsible for any technical or other difficulties or any resulting damages that you may incur. Any information displayed or provided as part of the Site and Content is for informational purposes only, may not reflect your most recent transactions, and should not be relied on for transactional purposes. Nationwide reserves the right to change, suspend, or discontinue any or all of the Site or Content at any time without prior notice.

25. Export Controls. 

You may not use, export, or re-export the Site except as authorized by United States law. You shall comply with all applicable laws, including with U.S. Export Administration Regulations (15 CFR, Chapter VII). You will not export or re-export the Site, directly or indirectly, to: (1) any countries that are subject to U.S. export restrictions; (2) any end user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to believe will utilize the Site in the design, development, or production of nuclear, chemical or biological weapons. You acknowledge that the Site may include technical data subject to export and re-export restrictions imposed by U.S. law.

You represent and warrant that your use of the Site is in compliance with United States laws applicable to export controls, including, without limitation, U.S. Department of Treasury’s Office of Foreign Asset Control requirements and prohibitions relating to programs, jurisdictions, and individuals.

26. Revisions. 

Nationwide may change the Terms from time to time by posting changes on the Site, or a website or app that replaces the Site, prior to the change becoming effective, or by notifying you via your account, app, or email. You agree to be bound to any changes to these Terms thirty days after they are revised or when you use the Site after any such change is posted, whichever is sooner. Nationwide may at any time and for any reason change or discontinue all or any portion of the Site, its features, or the third-party services that are available through the Site by posting on this Site about those changes.

27. Termination.  

Nationwide may terminate these Terms or suspend or limit your account, the Site, or use of the Site or Contents immediately, without prior notice or additional liability, under our sole discretion, for any reason whatsoever, including, without limitation, your breach of these Terms. Upon termination, you shall cease use of the Site and Content.

28. Survival. 

Provisions that by their nature should survive termination of these Terms must survive termination, including, without limitation, indemnification (your responsibilities and liabilities), disclaimer of warranties, and limitation of liability. The licenses provided by you to Nationwide, your obligations, and your authorizations described herein survive the termination of the Terms.

29. Contact Us.

If you have any questions or concerns about the Terms, you may contact us at support@actnimbl.com, 1-844-917-1177 or at:

Nimbl
One Nationwide Plaza
AG-01-301
Columbus, OH 43215

30. Entire Agreement.

Except to the extent otherwise set forth herein, the Terms set forth the entire understanding between Nationwide and you with respect to your access to and use of the Site and its Content. The Terms replace all prior understandings between us.

31. Assignment.

You may not assign or transfer these Terms. Any assignment or transfer in violation of these Terms is void.

32. Governing Law.

The Terms are governed by (and construed in accordance with) the laws of the United States and the State of Ohio. You consent to exclusive jurisdiction and venue in Franklin County, Ohio and waive the defense of forum non conveniens.

33. WAIVER OF JURY TRIAL AND CLASS ACTION.

WITH RESPECT TO ANY DISPUTE WITH NATIONWIDE OR OUR SERVICE PROVIDERS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THESE TERMS, YOU HEREBY (I) GIVE UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (II) GIVE UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.

34. Severability.

If any portion of these Terms is found to be unenforceable, the remaining sections of the Terms will remain in effect.

35. Waiver.

Failure by Nationwide, in any instance, to exercise any of its rights under the Terms will not constitute waiver of such right or any other rights under the Terms.

NFW-9191AO (12/19)