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Terms and Conditions of Use

Effective February 15, 2008

THI Holdings, Inc., its subsidiaries and affiliates (collectively "Victoria"), gives you the ability to do more online at our site(s) on the World Wide Web (the "Site"). You can use the Site for online access to your personal accounts, our product information, educational content, our services, and self-help tools ("Online Activities").

When you access the Site, you’re agreeing to these terms and conditions of use, plus any additional terms or conditions within the Site itself (collectively "Terms and Conditions"). The Terms and Conditions are in addition to any other agreements between you and Victoria.

Victoria reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Such modification or change shall be effective upon posting by Victoria on the Site. You agree to be bound to any changes to these Terms and Conditions when you use the Site after any such change is posted.

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Disclaimer of warranties

Disclaimer of warranties
ALL INFORMATION AND OTHER MATERIALS PRESENT ON THE SITE ("CONTENT"), 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.

WITHOUT LIMITING THE ABOVE, VICTORIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY WITH REGARD TO ANY WEB SITE OWNED BY A THIRD PARTY TO WHICH OR FROM WHICH THE SITE IS LINKED ("LINKED WEB SITE"). VICTORIA DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED WEB SITE.

THE INFORMATION, PRODUCTS, SOFTWARE OR SERVICE DESCRIPTIONS PUBLISHED ON THE SITE OR A LINKED WEB SITE 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 WEB SITE IS UPDATED OR COMPLETE. VICTORIA HAS NO OBLIGATION TO UPDATE ANY CONTENT ON THE SITE AND MAY CHANGE OR IMPROVE THE SITE AT ANY TIME WITHOUT NOTICE.

Victoria 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 Victoria.

Victoria makes no representations, warranties or guarantees that the Site will be accessible continuously and without interruption, or error free.

Limitation of liabilities

Victoria’s Liabilities
IN NO EVENT WILL VICTORIA ITS RESPECTIVE SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, COSTS OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY, EVEN IF YOU HAVE NOTIFIED VICTORIA ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS, USE OR CONTENT OF THE SITE OR A LINKED WEB SITE 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.

Your Liabilities
Victoria has the right to deny you access and use of the Site and its Content if you violate (as Victoria may determine in its sole and absolute discretion) any provision of the Terms and Conditions. Victoria 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 Victoria 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 Site or any of its Content in a manner other than as expressly authorized by the Terms and Conditions, your breach of the Terms and Conditions or your violation of applicable laws or any rights of any third party.

Your Privacy and Security on the Site

Personal Information
See our Privacy Policy for more information.

Updating Your Personal Information
You are responsible for telling Victoria if you’ve changed your personal information, such as your name, telephone number, mailing address, e-mail address, or other personal information. You may update your personal information by using the Online Activities or by contacting Victoria at 1- 800-888-8424.

Spamming and solicitation
You may not use any information obtained from the Site for spamming or solicitation.

Notice of Applicability to Children
The Site is not intended for children ages 13 and younger.

Using Electronic Signatures

Online Access
For some Online Activities, Victoria permits "Online Access", which includes the ability to use a personal computer equipped with an active connection to an Internet Service Provider to access your Victoria accounts, policies, or other products and to perform certain transactions as available. You may register for Online Access via the Internet.

In order to conduct some Online Activities, you agree to receive information applicable to your use of the Online Activities delivered to you electronically. These may include quotes, updates, notifications or other information that you request, transaction receipts, documents requiring your signature, or any other documents ("Communications"). Your consent does not mean that Victoria must provide the Communications electronically; Victoria may, at its option, provide the Communications through non-electronic means. As part of the Online Activities, many of these Communications are made available to you in non-electronic form. If you wish to withdraw your consent to receive information electronically through your use of the Online Activities, you may discontinue your use of the Online Access. If you have questions regarding Online Activities, including credit card transactions, please contact Victoria at: 1- 800-888-8424.

As part of the Online Activities, you may be given the option to sign certain Communications electronically by either checking the appropriate box or engaging in a similar online process as instructed online. You agree that by checking the appropriate box within or adjacent to the applicable Communication or engaging in a similar online electronic signature process, you are providing your electronic signature and agree to be bound by the terms and conditions in such Communication just as if you had signed your name to a paper document.

Your state may require insurance documents to be displayed in a particular font size. To ensure that Communications are displayed at the correct font size for your state, please make sure that the view size setting for the Communications is set to 100% and your browser resolution is 800 x 600.

System Requirements
To receive, access, and reply to applicable Communications you will need:

  • a personal computer or other access device with Internet access,
  • a web browser which is capable of supporting 128-bit SSL encryption,
  • software that lets you get and open Portable Document Format or "PDF" files, and
  • the ability to download or print agreements and disclosures.

System Requirements to Retain Information
To retain the Communications sent to you electronically for your records, your system must have the ability to either download (e.g., to your hard disk drive or a floppy diskette), print PDF files, or print web pages and embedded HTML files. In some cases, you must print, complete, and sign Communications with a pen, and then return them to Victoria according to the instructions on the document. To do this, you must have a functioning printer connected to your personal computer or other access device which is able to print Communications and the instructions on plain, white 8½ x 11 inch paper.

Intellectual Property, Trademarks, and Copyrights

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 and Conditions. The Terms and Conditions grant you no right, title or interest in Victoria’s intellectual property and create no relationship between you and Victoria. You may address all inquiries concerning use of Victoria’s intellectual property to: Nationwide Office of General Counsel, Intellectual Property Department, One Nationwide Plaza, Columbus, OH 43215-2220 (e-mail address: trademark@nationwide.com).

Trademark Notice
The trademarks, service marks, slogans, logos, trade dress and other identifiers ("Marks") displayed on the Site are the property of THI, unless otherwise disclosed. You are 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 THI.

The following are some of the most commonly used, federally registered service marks of THI that may appear on the Site: Victoria®, the Victoria Insurance® logo, and the Victoria Auto Insurance® logo. Other Marks (whether registered or not), which are the property of THI, also exist throughout the Site.

Copyright Notice
© 2008 THI Holdings (Delaware), Inc. All rights reserved.

You are 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 THI.

Designated Agent (Digital Millennium Copyright Act)
If you think that a work protected by a United States copyright has been linked to, posted or stored on the Site without authorization, please contact the following agent designated to receive notification of claimed copyright infringement: Copyright Attorney, Nationwide Office of General Counsel, Intellectual Property Department, One Nationwide Plaza, Columbus, OH 43215-2220 or (e-mail address: copyright@nationwide.com).

License and Reproduction
Original materials of Victoria 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 are 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 Victoria.

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 Victoria (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 the prior written permission of the Victoria. Use of any Victoria trademarks as metatags on any third-party Web site is strictly prohibited. You may not Co-Brand the Site or display the Site in frames (or any of the Content via in-line links) without prior written permission from Victoria. "Co-brand" means your display of any of the Intellectual Property, or your taking of other means of attribution or identification of Victoria 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 Victoria in causing any unauthorized co-branding, framing or linking to immediately cease.

Hyperlinks

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

Information about the Operation of the Site

Victoria operates the Site from its offices within the United States. Victoria does not represent that Content on the Site is appropriate or applicable for use in any other country, and access from certain countries other than the United States may be strictly prohibited. You acknowledge and agree that you are accessing the Site on your own initiative, at your own risk, and are responsible for compliance with all local laws. These Terms and Conditions shall be 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.

Submissions of Unsolicited Ideas

Victoria values your feedback; however, we ask that you not submit to us any suggestions, materials, ideas or creative concepts for new, modified or different products or services via the Site. Victoria requests this in order 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 Victoria to be, and shall remain, the property of Victoria. None of the Information shall be subject to any obligation of confidence on the part of Victoria and Victoria shall not be liable for any use or disclosure of any Information. Without limiting the foregoing, Victoria 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.

Read More Information about this Agreement

Entire Agreement
Except to the extent otherwise set forth in the Terms and Conditions, these Terms and Conditions set forth the entire understanding between Victoria and you with respect to your access to, and use of, the Site and its Content and supersedes all prior or contemporaneous understandings regarding access and use.

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

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

How to Contact Victoria

Victoria
P.O. Box 6838
Cleveland, OH 44101
1-800-888-8424