ACCEPTANCE OF TERMS AND CONDITIONS:

Please read this important information regarding your participation in Nationwide's Focused Driving Rewards Program. 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, subject to these terms and conditions of use (“Terms”). BY USING THE NATIONWIDE MOBILE APPLICATION (“MOBILE APP”), OR OTHERWISE CONFIRMING YOUR ENROLLMENT IN THE NATIONWIDE FOCUSED DRIVING REWARDS PROGRAM (“THE PROGRAM”), YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THE TERMS LISTED BELOW.

Changes to the Nationwide Focused Driving Rewards Program
Nationwide reserves the right to amend these Terms and the rules and requirements of the Program (“Program Rules”) at any time, including terminating the Program. You should review the most recent Terms and Program Rules by visiting nationwide.com/focusedrivingtermsandconditions. You understand and agree that your participation in the Program or continued use of the Moblie App after any modifications are made to these Terms or the Program Rules signifies your acceptance of the updated or modified terms or Program Rules.

PROGRAM RULES

Participation
This is a legally binding agreement between you and Nationwide. If you are under the age of 18, you may only participate in the Program and use the Mobile App with the consent and permission of your parent or legal guardian. By agreeing to these Terms you confirm that you have discussed these Terms and Program Rules with your parent or legal guardian and they have provided consent and permission. To enroll and/or participate in the Program, you must have a valid driver’s license and be a citizen or legal resident of the United States. You must reside in a state in which this Program is active. A list of active states can be found at https://www.nationwide.com/drivefocused.

Participation in the Program is voluntary; you may choose to stop your participation at any time. To stop your participation in the Program, you must unenroll within the Mobile App. Unenrolling may result in lost rewards points. Unenrolling will stop your device from sharing driving data from this Program.

Participants must have a compatible smartphone device with a data plan subscription and GPS capabilities. The device must be used exclusively by the participating driver.

Participation in the Program does not require you to receive a quote or purchase an insurance product or service.

Nationwide may discontinue the Program at any time. Nationwide may terminate your participation in the Program and/or cancel any points you have earned if Nationwide determines that you have violated any applicable laws, breached these Terms, or engaged in any fraud related to the Program.

Earning Rewards
Rewards are calculated by measuring distraction events resulting in a distracted driving score. Distraction events measured may include but are not limited to phone tapping, handheld phone calls, and phone motion. These factors have been found to be indicative of distracted driving and Nationwide may change them at any time. Bluetooth use such as turn-by-turn navigation, music streaming, and handsfree phone calls do not impact your score. A list of current driving factors and an explanation of how rewards are earned can be found at nationwide.com/drivefocused.

Generally, the value of gift cards that you earn each year is taxable income for U.S. tax purposes. You are responsible for reporting the value of gift cards earned on your personal tax return, and for paying any federal, state, and/or local tax liability due. For assistance with your tax reporting and payment obligation please consult with your personal tax advisor. You can check the total value of gift cards you earned each calendar year by viewing your balance on the Nationwide Mobile app. Nationwide reserves the right to reduce the value of a reward earned for participating in the program to comply with federal, state, or local law.

Redeeming Rewards
Points must be redeemed for e-giftcards. Rewards offered are not in any way related to an insurance policy or insurance product (i.e., no policy discount or credit). E-giftcards are issued by a third party and not Nationwide. For more details about the redemption rules see Nationwide.com/drivefocused.

Points have no cash value. Points will not be replaced, reissued, or credited if lost or stolen. Nationwide also reserves the right to determine and modify, at any time, the value of points and the number of points that may be earned for any given activity. E-giftcards, once issued, do not expire. Expired rewards will not be replaced or reissued.

OTHER TERMS AND CONDITIONS

Data Collected
The Mobile App may collect information that includes, but is not limited to, acceleration, deceleration, time, speed, G-forces, distance, geo-location, directional information, mobile device ID, operating system, mobile device model, mobile carrier information, and time stamps, and mobile device interaction during trips. Personal information collected at time of enrollment may include, but is not limited to name, address, telephone number, date of birth.

If at any time you would like to terminate the collection of data for this Program, you must unenroll from by accessing the Mobile App and unrolling in the profile section. You can also disable or delete the Mobile App to end the collection of data. Unenrolling will stop your device from sharing driving data for this Program.

Nationwide’s Use of the Data
Nationwide shall retain all rights to the data collected by the Mobile App. Nationwide will not sell the data collected to any third parties. Nationwide may use data collected by the Mobile App as follows:

Research and Development: Data may be used for research and development purposes, including existing or new products and services.

Third-Party Vendors: Nationwide may share your information, which may include but is not limited to, data collected by the Mobile App, claims data, crash data, and other information, with its third-party vendors for aggregation and analytical purposes, and for other services related to Focused Driving Rewards.

Your Policy: If you have a Nationwide policy, data collected through the Program will not be used to cancel or non-renew your policy.

Accident Assistance: Nationwide may use the data to detect when an accident may have occurred and may offer you assistance.

Marketing: You may receive offers from Nationwide.

Retention: Nationwide will retain information collected from the Mobile App in accordance with Nationwide’s document retention policy and as required by law.

Other Use of Collected Data: Nationwide may share your information as permitted or required by law pursuant to a subpoena, court order, law enforcement or regulatory inquiry, or some other duly authorized data request. Data from the Mobile App may be deemed discoverable in litigation 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. There may be instances where Nationwide is required to provide data to state departments of insurance to support rate filings.

Your Privacy: 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, or may be accessed here: https://www.nationwide.com/personal/privacysecurity/pages/privacy. In the event there is any conflict or inconsistency between the terms and conditions of the Nationwide privacy policy and these Terms and Program Rules, these Terms and Program Rules shall control and govern the rights and obligations of the parties.

Disclaimers; Limitation of Liability
NATIONWIDE DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM OR THE MOBILE APP OR SERVICES WILL RESULT IN SAFER DRIVING OR WILL PREVENT UNSAFE DRIVING, COLLISIONS, PERSONAL INJURY, DEATH, OR OTHER HARMFUL EVENTS.

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 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF YOUR MOBILE DEVICE, INCLUDING YOUR MOBILE DEVICE'S BATTERY LIFE, ANY MATERIALS, THE MOBILE APP, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE MOBILE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE MATERIALS, MOBILE APP, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE MATERIALS, MOBILE APP, OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NATIONWIDE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE MATERIALS, MOBILE APP, OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

YOU AGREE THAT NATIONWIDE'S TOTAL LIABILITY FOR DAMAGES CAUSED BY THE MOBILE APP SHALL NOT EXCEED FIFTY DOLLARS ($50). 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.

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 THE MOBILE APP OR ITS USE, NOT ADDRESSED SPECIFICALLY IN THIS SECTION.

IF THE MOBILE APP IMPEDES DRIVING FUNCTIONS, YOU AGREE TO STOP USE OF THE MOBILE APP AND CONTACT NATIONWIDE.

YOU AGREE THAT THE "FOCUSED DRIVING REWARDS 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.

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