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Terms of Use

Last Modified August 20, 2024

Hello! Welcome to Nationwide Life Essentials. The following is our Terms of Use. Please read carefully.

First, for the purposes of these Terms of Use, the following definitions will apply:

  • We’ll shorten Terms of Use to “ToU” going forward.

  • When the ToU says either “Nationwide,” “we,” “us,” or “our,” we’re referring specifically to Nationwide Life and Annuity Insurance Company.

  • When the ToU uses the term “you” we’re referring to the policy owner/insured.

  • When the ToU says “Site,” we’re referring to the Nationwide Life Essentials website which allows users to access and maintain an online account once a life insurance policy is issued.

  • When the ToU says “Platform,” we’re referring to our Nationwide Life Essentials web-based platform which allows users to apply for and obtain a Life Insurance Policy.

  • When the ToU says “Service,” we’re referring collectively to the Site and the Platform.

These ToU are applicable only to the Service. None of the terms of the ToU apply to any other Nationwide products or services you may already own or purchase in the future.

Your access and use of the Service is subject to the terms and conditions in this ToU. By agreeing to this ToU, including by a click-through or other agreement or by using any aspect of the Service, you expressly acknowledge that you’ve read this ToU and agree to all of its terms and conditions. You represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. You must agree to this ToU in order to use the Service, and if you do not accept this ToU then you may not use any aspect of the Service. This ToU contains important language governing your use of the Service. It addresses, among other things, information about how we provide the Service, how we or you may terminate the Service, the requirements imposed on you when managing your account and how we handle disputes.

1

ToU Updates

Nationwide may update this ToU at any time, and Nationwide will post the updated version of this ToU on the Site. You understand and agree that you will be deemed to have accepted the updated ToU if you use any aspect of the Service after the updated ToU is posted. If at any point you do not agree to any portion of this ToU then in effect, you must immediately stop using the Service. If Nationwide makes any material change to this ToU, we will make reasonable efforts to notify you of the change, such as by sending an email to any address you used to register for an account, through a pop-up window on the Site, or another similar mechanism. Disputes arising under this ToU will be resolved in accordance with the version of the ToU in place at the time the dispute arose. We encourage you to review this ToU frequently to stay informed of the latest modifications.

2

Provision of the Service

You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service. You acknowledge and agree that Nationwide may make changes to any aspect of the Service at any time without notifying you in advance.

4

Termination of Service

You acknowledge and agree that Nationwide may stop providing any aspect of the Service or restrict your use of the Service at any time, without notifying you in advance, for any reason or no reason, including, without limitation, for any violation of this ToU or if Nationwide suspects that you have used any aspect of the Service to conduct any fraudulent or illegal activity. If Nationwide disables your access to your account, you may be prevented from accessing the Service, your account details or any materials contained in your account. For the avoidance of doubt, any Insurance Policy you obtain through the Service will remain in effect pursuant to the terms of such Insurance Policy.

5

Accounts and Security

5.1

Account

You do not need to create an account to visit the Site, but you must have an account to access and utilize certain aspects of the Service, including without limitation those aspects that allow you to apply for and obtain an Insurance Policy. You can create an account by starting the application process. You may be required to provide information about yourself and payment information as part of the application process or your continued use of the Service. You agree that any application information that you submit to Nationwide will be correct, accurate and up to date.

5.2

Account Security

Maintaining account security is very important. You are solely responsible for maintaining the confidentiality of your account password and for all activities that are conducted via your account. You agree to notify Nationwide immediately if you become aware of any unauthorized use of your password or of your account. To better understand how we maintain the security of your personal information, please refer to our Privacy Policy.

5.3

Account Sharing or Transfers

Accounts are registered to you personally and may not be sold, traded, gifted or otherwise transferred at any time under any circumstances. You may not share your account with, or disclose your password to, anyone else. Nationwide is not liable for any loss, theft, or unauthorized disclosure or use of your user ID, password or access code if you do not properly secure your user ID, password, or access code, or if you choose to share your user ID, password, or access code with another user or third party.

5.4

Cancellation by You

Subject to the terms and conditions of any applicable Insurance Policy, you have the right to cancel your account at any time. You may cancel your account by contacting us via phone call to our Customer Care Center at 1-800-955-0047.

5.5

Termination by Nationwide

Nationwide may at any time terminate your account if:

  1. Nationwide determines that you are (i) in breach of or otherwise acting inconsistently with this ToU or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to Nationwide;

  2. Nationwide determines it is required by law to terminate your account; or

  3. Nationwide decides to stop providing the Service or critical portions of the Service, provided that any Insurance Policy you obtain through the Service will remain in effect pursuant to the terms of such Insurance Policy.

5.6

Effect of Account Termination or Cancellation

If you voluntarily terminate your account, you may reactivate that account at any time by logging in to your account through the Site and reactivating the account. Accounts terminated by Nationwide for any type of abuse including, without limitation, a violation of this ToU, may not be reactivated for any reason.

6

Insurance Products

Eligible individuals may apply for Insurance Policies through the Platform. Insurance Policies are only available to persons in jurisdictions where such Insurance Policies may legally be sold. By applying for insurance products through the Platform, you (a) agree to designate us as your agent of record where applicable, (b) where so designated, authorize us to communicate such designation to any insurance carrier and any other person or entity we determine should be so advised, and (c) where applicable, permit us to receive any compensation that any insurance carrier agrees to pay to us in connection with your purchase of any Insurance Policy. With respect to any Insurance Policy, if any term or condition of this ToU differs from the terms and conditions of the Insurance Policy, the Insurance Policy’s provisions will control. Nationwide’s Insurance Policies are underwritten and issued by Nationwide Life and Annuity Insurance Company, as applicable, and offered through the Service. Product information and descriptions provided through the Service are not intended to be complete descriptions of all policy terms, exclusions and conditions. If you obtain an Insurance Policy through the Service, please refer to your actual Insurance Policy for complete details of coverage and payment requirements. Your Insurance Policy will contain a payment schedule that will provide information regarding your premiums. Approval of your application is not guaranteed and is subject to acceptance by Nationwide, as applicable, based upon its respective underwriting guidelines and your personal history. Nationwide Financial General Agency, Inc. is a licensed insurance agency in all states, and is a third party administrator in all states where required. Policies purchased on this site are administered by Bestow Agency, LLC. In the event we are unable to resolve any complaint you may have, you may report the complaint to the insurance regulator in your state. Contact information for state insurance regulators in the United States may be found at www.naic.org. Nationwide does not provide any legal, regulatory, accounting, or tax advice, and you must rely upon your own advisors before making any financial decision.

7

Restrictions and Conditions of Use

7.1

Use of the Service

Subject to the terms and conditions of this ToU, Nationwide hereby grants you a limited, non-exclusive, personal, non-sublicensable, non-assignable license to use the Service solely in accordance with this ToU and any rules, restrictions, or documentation set forth by Nationwide from time to time. Nationwide reserves all rights not expressly granted to you. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data, or services obtained from the Service. Nationwide reserves the right to add or remove information, content, or Services from the Site at any time at its sole discretion.

7.2

Updates

You acknowledge and agree that Nationwide may update the Service from time to time with or without notifying you and may add or remove features or functions to the Service at any time in its sole discretion. You acknowledge and agree that Nationwide has no obligation to make the Service available to you, make any subsequent versions of the Service available to you, or to continue to support the Service in any way. You acknowledge that your access to the Service may not be continuous, features may change during your use of the Service, and Nationwide may terminate your access to the Service or stop offering the Service at any time, provided that any Insurance Policy you obtain through the Service will remain in effect pursuant to the terms of such Insurance Policy.

7.3

Accessing the Service

You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Site. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders, or web crawlers).

7.4

No Violation of Laws

You agree that you will not, in connection with your use of the Service, violate any applicable law, ordinance, rule, regulation, or treaty. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).

7.5

Use Restrictions

You may not connect to or use the Service in any way that is not expressly permitted by this ToU.

  1. Without limiting the generality of the foregoing, you agree that you will not: (i) remove any proprietary notices from the Service; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Nationwide; or (iv) make any false, misleading or deceptive statement or representation regarding Nationwide or the Service.

  2. Without limiting the generality of the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service); (ii) attempt to gain unauthorized access to the Site, the Service, accounts registered to other users, or any servers, systems or networks connected to the Service; (iii) use the Service for any commercial purpose unless consistent with this ToU and the intended use of the same, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Service, unless you are specifically authorized to do so in a separate written agreement with Nationwide; (iv) use the Service to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; (iv) use the Service to perform any unsolicited commercial communication not permitted by applicable law; or (v) use the Service to engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.

  3. Without limiting the generality of the foregoing, you agree that you will not use the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by Nationwide in its sole discretion.

7.6

No Data Mining or Harmful Code

You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, email addresses or mobile phone numbers of users or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, any aspect of the Service.

7.7

Record and Capture of Activity

You agree that we may record or capture your activity on the Service, including where you click and the items that you view. When you access the Service, you are agreeing to this ToU, including consenting to the recording or capturing of your activity on the Site.

7.8

Use of Chatbot Technology

You agree that we may use chatbot technology on the Service. When you access the service, you are agreeing to this ToU, including consent to the use of chatbot technology to communicate with you via the Service as well as the monitoring, recording, and retention of any chatbot conversations that occur with you via the Service.

7.9

Violation of this ToU

You acknowledge and agree that you are solely responsible, and Nationwide has no responsibility or liability to you or any other person or entity, for any breach by you of this ToU or for the consequences of any such breach. Nationwide may, at its option, terminate its relationship with you, or may suspend your account immediately if it determines you are using the Service contrary to the restrictions found in this Section 7 or any other terms of this ToU.

9

Third-Party Services

The Service includes features that operate in conjunction with certain third-party services such as those provided by Plaid Technologies, Inc. or any other third-party service we decide to use in conjunction with this Service (“Third-Party Services”). Your access and use of Third-Party Services is governed by the terms of service and other agreements posted by the providers of such Third-Party Services. You understand and acknowledge that the Service is not endorsed or certified by any of the aforementioned Third-Party Services.

10

Intellectual Property

10.1

Trademarks

Nationwide, the N & Eagle logo, On Your Side, and other names, graphics, slogans, logos, trade dress, and identifiers ("Marks") displayed on the Service are the property of Nationwide. Nationwide’s Marks may not be used in connection with any product or service that is not Nationwide's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nationwide, or suggests a sponsorship or endorsement by Nationwide unless first approved in writing.

10.2

Ownership

You acknowledge and agree that Nationwide, or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Nationwide has designated as confidential and you agree not to disclose such information without Nationwide’s prior written consent.

10.3

Submissions of Unsolicited Ideas

Nationwide values your feedback. However, Nationwide does not accept, review, or consider any unsolicited ideas, materials, proposals, suggestions, or other creative concepts or content, including for advertising campaigns, names, marketing strategies, new, modified, or different products, services, or technologies (collectively “Submission”) through the Service. Please do not send or provide any Submission in any form to Nationwide or any of its employees or contractors. Nationwide makes this request to avoid misunderstandings or disputes regarding the origin of any Nationwide advertising, promotion, concept, product, service, or technologies that might seem similar to a Submission provided to Nationwide.

If, despite our request that you not send us your Submission, you still submit them, then regardless of what your correspondence says, such Submission, along with related intellectual property rights will automatically become the property of Nationwide without any compensation to you. Nationwide is under no obligation to review the Submission. None of the Submission 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 Submission and may use or redistribute the Submission for any purpose and in any way on an unrestricted basis.

11

Privacy Policy

By accepting this ToU or using any aspect of the Service, you represent that you have read and consent to our Privacy Policy in addition to this ToU. Nationwide may revise the Privacy Policy at any time, and a link to the new versions will be posted on the Site. By using the Service, you agree to the then-current versions of the ToU and Privacy Policy.

12

Location

The Service is operated by Nationwide in the United States. If you choose to access the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.

13

Required Age

The Service is not directed toward persons under 18 years of age, and Nationwide Life Essentials does not knowingly collect information from persons under the age of 18 or allow them to create an account or access account features. If you are under the age of 18, please do not submit any personal information about yourself to Nationwide.

14

Disclaimer of Warranties

Please read the following provisions carefully – they contain important legal disclaimers:

14.1

You understand and agree that your use of the Service is at your sole risk and that the Service is provided on an “as is” and “as available” basis without warranties or conditions of any kind, either express or implied.

14.2

To the maximum extent permitted by applicable law, Nationwide expressly disclaims all warranties and conditions including, without limitation, warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and those arising from course of dealing or usage of trade.

14.3

Nationwide makes no warranty as to the accuracy, completeness or reliability of any materials, information or data available through, or the performance of, the Service.

14.4

Nationwide does not represent or warrant that (a) you will be able to access or use the Service at the times or locations of your choosing; (b) that operation of the Service will be uninterrupted, timely, secure or error-free; (c) your use of the Service will meet your requirements; (d) defects in the operation of the Service will be corrected; or (e) the Service is free of viruses or other harmful components.

14.5

You acknowledge and agree that any material downloaded or otherwise obtained through the use of the Service is at your own risk and that you will be solely responsible for any damage to your computer, mobile phone or other device or any loss of data resulting from downloading or obtaining such material. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

15

Limitation of Liability; Sole and Exclusive Remedy

15.1

Nationwide’s Liabilities

In no event will Nationwide, its respective service providers, employees, agents, officers and directors be liable to you for any punitive, indirect, direct, special, incidental or consequential damages. This includes any lost profits, 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 any third parties arising out of (or in any way related to) the access, use or information and other materials present on the Service or a linked website. This applies whether such claims are brought under any theory of law or equity. 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.

15.2

Your Liabilities

Nationwide has the right to deny you access and use of the Service if you violate (as Nationwide may determine in its sole and absolute discretion) any provision of the ToU. Nationwide reserves the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify and hold Nationwide harmless from any claim or demand (including reasonable attorneys' fees) made by a third party in connection with (or arising out of your access to, or use of) the Service in a manner other than as expressly authorized by the ToU. This includes your breach of the ToU, or your violation of applicable laws or any rights of any third party.

16

Indemnification

You agree to defend, indemnify and hold Nationwide and the Related Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Service or (b) your breach of this ToU or any other policies that Nationwide may issue for the Service from time to time. You further agree to cooperate as required by Nationwide in the defense of any claim. Nationwide reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Nationwide.

17

Governing Law; Jurisdiction

This ToU and any dispute arising from this ToU, or the subject matter hereof, shall be governed by the laws of the United States and the State of Ohio.

18

General

18.1

ToU Revisions

This ToU may only be revised in a writing signed by Nationwide or published by Nationwide on the Site.

18.2

No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nationwide as a result of this ToU or your use of the Service.

18.3

Assignment

Nationwide may assign its rights under this ToU to any person or entity without your consent.

18.4

Severability

If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.

18.5

No Waiver

Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Nationwide of any provision, condition or requirement of this ToU shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.

18.6

Notices

All notices given by you or required under this ToU shall be in writing and sent via email to [email protected] or mailed to Nationwide Life Essentials, 2700 Commerce St Ste. 1000, Dallas, TX 75226

18.7

Equitable Remedies

You acknowledge and agree that Nationwide would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.

18.8

Entire Agreement

This ToU, including the documents referenced in this ToU, constitutes the entire agreement between you and Nationwide with respect to the Service and supersedes any and all prior agreements between you and Nationwide relating to the Service.