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Nationwide Traffic Services,
LLC (“Nationwide") provides an interactive on-line service operated by Nationwide on the World Wide Web of the Internet (“Nationwide web site”). "Subscriber" means each person who establishes or accesses a connection ("Account")
for access to and use of Nationwide web site. |
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Nationwide shall have the right at any time
to change or discontinue any aspect or feature of Nationwide web
site, including, but not limited to, content, hours of availability,
and equipment needed for access or use. Nationwide shall have the
right at any time to change or modify the terms and conditions applicable
to Subscriber's use of Nationwide web site, or any part thereof,
or to impose new conditions, including, but not limited to, adding
fees and charges for use. Such changes, modifications, additions
or deletions shall be effective immediately upon notice thereof,
which may be given by means including, but not limited to, posting
on the web site, or by electronic or conventional mail, or by any
other means by which Subscriber obtains notice thereof. Any use of
Nationwide web site by Subscriber after such notice shall be deemed
to constitute acceptance by Subscriber of such changes, modifications
or additions. |
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Subscriber shall use Nationwide
web site for lawful purposes only. Subscriber shall not post or
transmit through Nationwide web site any material which violates
or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, give
rise to civil liability or otherwise violate any law. Subscriber
may not modify, publish, transmit, participate in the transfer
or sale, create derivative works, or in any way exploit, any of
the content, in whole or in part. Subscriber may download copyrighted
material for Subscriber's personal use only. Subscriber shall not
upload, post or otherwise make available on Nationwide web site
any material protected by copyright, trademark or other proprietary
right without the express permission of the owner of the copyright,
trademark or other proprietary right and the burden of determining
that any material is not protected by copyright rests with Subscriber.
Subscriber shall be solely liable for any damage resulting from
any infringement of copyrights, proprietary rights, or any other
harm resulting from such a submission.
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SUBSCRIBER EXPRESSLY AGREES
THAT USE OF NATIONWIDE WEB SITE IS AT SUBSCRIBER'S SOLE RISK. NEITHER
NATIONWIDE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES,
AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
NATIONWIDE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
USE OF NATIONWIDE WEB SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, OR SERVICE PROVIDED THROUGH NATIONWIDE WEB SITE
NATIONWIDE WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT NATIONWIDE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
IN NO EVENT WILL NATIONWIDE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING NATIONWIDE WEB SITE OR THE NATIONWIDE INTERACTIVE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE NATIONWIDE WEB SITE. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON NATIONWIDE WEB SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, NATIONWIDE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN NATIONWIDE WEB SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, NATIONWIDE, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
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