NO LEGAL ADVICE. Information made available on the Web site in any form is for information purposes only. It is not, does not constitute and should not be taken as legal advice. You should not rely on, or take or fail to take any action, based upon this information.
NO LAWYER-CLIENT RELATIONSHIP. The presentation of information on this Web site or your use of, or reliance upon such information does not establish a lawyer-client relationship between you and Nationwide. Please also note that any information sent or received over the Internet is generally not secure. Nationwide cannot guarantee the security or privacy of any communication (in any form) to the Web site.
OWNERSHIP OF CONTENT. All materials displayed or otherwise accessible through this Web site, including but not limited to text, graphics, videos, photos, trade-marks, logos and other materials (collectively, "Content") are protected by copyright and trade-mark laws, and are owned by Nationwide and its licensors, or the party accredited as the provider of the Content. Except as granted in the limited license herein, any use of the Content, including modification, transmission, presentation, distribution, republication, or other exploitation of the Web site or of its Content, whether in whole or in part, is prohibited without the express prior written consent of Nationwide.
LIMITED LICENSE. Subject to the Terms and Conditions of this Agreement, you are hereby granted a limited, non-transferable and non-exclusive license to access, view and use the Web site for your personal, non-commercial use, and are granted the right to download, store and print single copies of items comprising the Content for your personal, non-commercial use, provided that you maintain all copyright and other notices contained in such Content.
LINKS. The Web site contains some links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by Nationwide of the contents of such third-party Web sites. Nationwide is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party Web site including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, security, suitability of any content on any third-party web site, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third-party web sites, and (iii) any representation or warranty that the operation of the third-party web site will be uninterrupted or error free, that defects or errors in such third-party web sites will be corrected, or that such third-party web sites will be free from viruses or other harmful components.
LIMITATION OF LIABILITY. Subject to applicable law, in no event shall Nationwide, or its principals, employees, consultants, agents, or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits arising from your use of, reliance upon, or inability to use the Web site or the Content, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if Nationwide knew of or ought to have known of the possibility of such damages.
DISCLAIMER OF WARRANTIES. The Web site and the Content is provided "as is" and "as available", without warranty or condition of any kind, either express or implied. Nationwide expressly disclaims all warranties and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Web site and the Content, to the fullest extent permissible under applicable law. Although Nationwide has taken steps to provide Content that is correct, accurate and timely, no representations or warranties are made regarding the Web site and/or the Content including, without limitation, no representation or warranty that (i) the Web site or Content will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the Web site will be uninterrupted or error-free, (iii) that defects or errors in the Web site or the Content will be corrected, (iv) that the Web site will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the Web site will be secure and/or not intercepted. You acknowledge and agree that you are using the Web site and the Content, if applicable, at your own risk and liability.
RELEASE AND INDEMNITY. You hereby agree to release Nationwide, its principals, employees, officers, and agents from any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever or arising from your use of the Web site (including any breach by you thereof), the Content or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Web site. You will indemnify and hold Nationwide harmless from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Web site, the Content or otherwise relating to this Agreement (including any breach by you thereof). You will also indemnify and hold Nationwide harmless from and against any claims brought by third parties arising out of your use of Content from this Web site.
SECURITY. Any information sent or received over the Internet is generally not secure. Nationwide cannot guarantee security of any communication to or from the Web site. Nationwide does not assume any responsibility or risk for your use of the Internet.
PASSWORDS. Any passwords and user ID's used for this Web site are for individual business use only. You will be responsible for the security of your password and user ID (if any). You further agree not to disclose your password or user ID to any other person and Nationwide will not be responsible for the unauthorized use of your profile by any other person and are under no obligation to confirm the actual identity of any password or user ID. Nationwide cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.
TRADE MARKS. The name Nationwide Home Closing Services and the logo displayed on the Website are the intellectual property of Nationwide. Other names, words, titles, phrases, logos, designs, graphics, icons and trade marks displayed on the Web site may constitute registered or unregistered trade marks of Nationwide or third parties.
GOVERNING LAW AND JURISDICTION. The Web site is operated by Nationwide from its offices within the Province of Ontario, Canada. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and its Content shall be governed by the laws of the Province of Ontario and the federal laws of Canada, without regard to conflict of laws principles. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to your access to and use of the Web site.
TERMINATION. Nationwide may, in its sole discretion, cancel or terminate your right to use the Web site, or any part of the Web site, at any time without notice. In the event of termination, you are no longer authorized to access the Web site or the part of the Web site affected by such cancellation or termination. The restrictions imposed on you with respect to both Content and the Web site set out in this Agreement shall survive. Nationwide shall not be liable to any party for such termination.
ENTIRE AGREEMENT. . Except for any agreement in respect of Content, this is the entire agreement between you Nationwide relating to your access and use of the Web site and the Content herein.
GENERAL. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder. Nationwide will not be considered to have waived any of its rights or remedies described in this Agreement unless the waiver is in writing and signed by Nationwide. No delay or omission by Nationwide in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Nationwide's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Nationwide's right to subsequently enforce such provision or any other provisions of this Agreement. The headings used in this Agreement are included for convenience only and have no legal or contractual effect.
Since January 1, 2004, all organizations collecting, using or disclosing personal information in Canada in the course of commercial activities have been required to comply with the Personal Information Protection and Electronic Documents Act ("PIPEDA") and any applicable "substantially similar" provincial legislation.
Personal information is defined in PIPEDA as information that can identify you, or by which your identity could be deduced. If we did not collect and use your personal information, we would not be able to provide you with the Nationwide portal's services.
CONSENT TO OUR COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
COLLECTION OF PERSONAL INFORMATION
Generally, we collect your personal information directly from you at the start of or during the course of your enrollment with the Nationwide portal's services. We may also obtain personal information about you from other sources, such as: your insurance company; your financial institution; your real estate agent; from a government agency or registry; your employer, if we are acting for you, at its request; or your accountant.
USE OF PERSONAL INFORMATION
We use your personal information to facilitate your access to obtaining legal services from lawyers who also use the Nationwide portal, to issue invoices and to maintain our database of clients.
We may also use your personal information so that we may communicate with you about recent developments in the housing and mortgage market, to keep you aware of Nationwide news and invite you to Nationwide events.
DISCLOSURE OF PERSONAL INFORMATION
Generally, we do not disclose your personal information to third parties without your consent unless permitted or required by applicable law. There are some situations in which we may disclose your personal information without your consent. For example:
In some cases, your consent will be implied. For example, when the services we are providing to you require us to provide your information to a third party (such as to a lender in a real estate mortgage transaction) we would rely on your implied consent to the disclosure. Lastly, from time to time we may transfer your personal information to Nationwide's service providers. Under PIPEDA, a transfer to a service provider is not considered to be a disclosure for which your consent is required; however, we will use contractual or other means to ensure that the third party service provider is bound by obligations regarding privacy that are consistent with this Policy and our obligations under PIPEDA. Examples of transfers to service providers would be situations in which we contract with third parties to provide us with services such as archival file storage or insurance. Service providers may be located in various countries, so please be aware that authorized officials of governments in those countries may be lawfully able to access your personal information without your knowledge or consent pursuant to the laws of such countries. To the extent that we are permitted to do so by applicable law, we will notify you if we are advised that this access has occurred.
ACCURACY OF YOUR PERSONAL INFORMATION
It is important that the personal information that we have on file be accurate, complete and up-to-date. If, during the course of any matter through which you are using the Nationwide portal, any of your personal information changes, please inform us so that we can make any necessary changes. We may also ask you from time to time whether your personal information is up-to-date.
Nationwide uses various administrative and technological safeguards to ensure that your personal information is protected against loss, theft, misuse, unauthorized access, disclosure, copying or alteration. These include: security of our physical premises; lawyer user's professional obligations; security software and firewalls to prevent unauthorized computer access or "hacking"; and internal passwords that restrict access to our electronic files.
ACCESS TO YOUR PERSONAL INFORMATION
You have a right to challenge the accuracy and completeness of your personal information and to have it amended, as appropriate. You also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. For example, if the requested information would reveal personal information about another individual, your access may be limited or denied. If your request for access is denied, Nationwide will notify you in writing of the reason for the denial. Nationwide does not use your social insurance number as a way of identifying or organizing the information we hold upon you.
Like most other organizations, we may monitor traffic patterns, site usage and related site information. We may provide aggregated information to third parties, but this does not include any personally identifiable information.