ACCEPTANCE OF TERMS AND CONDITIONS
Please read the important information regarding your
participation in Nationwide's SmartRide Connected Car Program.
BY PARTICIPATING IN A VEHICLE MANUFACTURER TELEMATICS PROGRAM
OR OTHER THIRD PARTY TELEMATICS PROGRAM CAPABLE OF COLLECTING THE
NECESSARY DATA POINTS TO PRESENT THE SMARTRIDE USAGE BASED FINAL
DISCOUNT (COLLECTIVELY REFERRED TO AS "TELEMATICS ENABLED
VEHICLES") AND CONFIRMING YOUR ENROLLMENT IN THE SMARTRIDE PROGRAM,
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 to
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 by calling the
Nationwide Service Center at 1-855-421-2688.
You
acknowledge and agree that you are authorized by the registered
owner(s) of the applicable vehicle to collect and transmit data
captured by the Telematics Enabled Vehicle. You also acknowledge and
agree that you are authorized to collect vehicle usage data by other
individuals who operate or ride in your Telematics Enabled Vehicle.
Data Collected and SmartRide Discount
Information
Telematics Enabled Vehicles may collect
information that includes, but is not limited to acceleration,
deceleration, time, speed, G-forces, distance, fuel, VIN, throttle
position, geo-location, directional information, and time stamps
("Telematics Data"). Nationwide must receive at least 85 days of
Telematics Data from a Telematics Enabled Vehicle in order to
present a SmartRide usage based final discount.
If you are participating or participated in a vehicle manufacturer's
telematics program or other third party telematics program,
Nationwide will present your SmartRide usage based final discount,
which could be zero, based upon the Telematics Data collected by a
Telematics Enabled Vehicle. Your SmartRide final discount will apply
to the vehicle enrolled in the vehicle manufacturer's or third
party's telematics program upon your purchase of insurance with
Nationwide, subject to product and underwriting eligibility, review
and approval. If you are participating in a vehicle manufacturer's
telematics program or other third party telematics program, you are
not eligible for a SmartRide Program participation discount. In
order for additional vehicles to participate in the SmartRide
Program, you may enroll all vehicles or additional vehicles in the
Nationwide SmartRide Device or Mobile Program, subject to the Terms
and Conditions of the SmartRide Program and availability. Discounts
apply to Bodily Injury, Medical Payments, Property Damage and
Collision on your Nationwide auto insurance policy. Discounted
coverages may vary by state. Nationwide reserves the right to amend
these terms and conditions of the Nationwide SmartRide Program,
including terminating the program, at any time. Products, SmartRide,
and discounts are not available to all persons in all states.
Nationwide's Use of Telematics Data
Nationwide may retain all rights to Telematics Data. Nationwide may
use or disclose Telematics Data for general business purposes
including, but not limited to, customer service, research and
analytics, premium calculation, the SmartRide Program, and as
permitted or required by law. Data from the Telematics Enabled
Vehicles 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 (e.g.,
pursuant to a subpoena, court order, law enforcement or regulatory
inquiry, or some other duly authorized data request). Additionally,
there may be instances where Nationwide is required to disclose
Telematics Data to state departments of insurance to support rate
filings.
Nationwide will retain information
collected from Telematics Enabled Vehicles for a particular amount
of time, as required by law and in accordance with Nationwide's
document retention policy.
Nationwide will not
sell Telematics Data to any third parties, unless the data is part
of an asset purchase or similar business transfer. Nationwide may be
legally required to use or disclose Telematics Data in the
investigation of a claim or accident, which may be used or
discoverable in litigation. However, Nationwide will not use
Telematics 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.
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.
About
Telematics Enabled Vehicles
Nationwide does not
manufacture the Telematics Enabled Vehicle and/or any associated
firmware or other technology involved in the collection of
Telematics Data to present the SmartRide final usage based discount.
Claims for damage arising from an alleged defect or malfunction of a
Telematics Enabled Vehicle potentially covered under your personal
auto policy will be evaluated and adjusted by Nationwide in
accordance with the terms and conditions of your insurance policy.
All other claims for damage associated with the Telematics Enabled
Vehicle will be directed to the Telematics Enabled Vehicle
manufacturer and/or provider for investigation and consideration.
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 ANY TELEMATICS
ENABLED DEVICE AND/OR ASSOCIATED FIRMWARE OR TECHNOLOGY OR ITS USE.
YOU AGREE THAT NATIONWIDE SHALL NOT BE LIABLE FOR ANY
DIRECT OR INDIRECT DAMAGES IN RELATION TO ANY OTHER TELEMATICS
ENABLED VEHICLES AND/OR ASSOCIATED FIRMWARE OR TECHNOLOGY.
YOU AGREE THAT THE 'SMARTRIDE CONNECTED CAR TERMS AND
CONDITIONS OF USE' IN NO WAY CHANGES, MODIFIES, OR AMENDS THE TERMS
AND CONDITIONS OF YOUR INSURANCE POLICY AND ANY CLAIM FOR BENEFITS
UNDER YOUR INSURANCE POLICY WILL BE EVALUATED AND ADJUSTED PURSUANT
TO ITS TERMS AND CONDITIONS AND APPLICABLE LAW.
Products
underwritten by Nationwide Mutual Insurance Company and Affiliates.
Columbus, Ohio. Availability varies. Discounts do not apply to all
coverage elements; actual savings vary by state, coverage
selections, rating factors and policy changes; final discount is
calculated on driving behavior and could be zero. Final discount
applies at policy issuance and remains until vehicles on the policy
change.