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WELLS FARGO PODCAST TERMS OF USE

Welcome, and thanks for your interest in Wells Fargo podcasts. We look forward to providing you with a wide selection of informative and helpful audio content to listen to on your PC or MP3 player

  1. General. These Wells Fargo Podcast Terms of Use (“Podcast Terms”) apply when you listen or subscribe to (download) an RSS feed from our Web site (“podcast”). In these Podcast Terms, “Wells Fargo,” “we,” “us,” and “our” mean Wells Fargo Bank, N.A. and each of its current and future affiliates, subsidiaries, and its parent company, Wells Fargo & Company; and “you,” “your,” “yours,” and “yourself” mean a user of our Web site who listens or subscribes to a podcast. Acceptance of these Podcast Terms is a condition to using a podcast. By listening or subscribing to an RSS feed and using a podcast, you agree to be bound by these Podcast Terms and laws and regulations that apply to the podcast.

    In addition to these Podcast Terms, the General Terms of Use , the Privacy Policy and the Online Privacy Policy for www.wellsfargo.com also apply to your use of podcasts, to the extent applicable. If there is a conflict or inconsistency among any of these terms and conditions, these Podcast Terms will control.

  2. Basic Rules.
    • You must be an individual consumer residing in the United States.
    • Each podcast is for your personal use only.
    • You must not use a podcast for a business or commercial purpose, to generate income or revenue for yourself, or to direct visitors from our Web site to any other website or from any other website to our Web site.
    • All podcast content are provided without any warranty whatsoever. Your reliance on podcast content is entirely at your own risk.
    • You must be at least 13 years old to use a podcast. By using the podcasts, you are acknowledging that you are at least 13 years old.
    • Applicable international, federal, state, and local laws and regulations apply to your use of a podcast.
    • Your unauthorized use of any of our podcasts, your violation of these Podcast Terms, or your use of a podcast in any illegal or unlawful way is strictly prohibited and, in addition to our rights and remedies, may subject you to immediate suspension or termination of your eligibility to use any of our podcasts.

  3. Privacy. Wells Fargo is committed to protecting our customers’ privacy and information security. All information gathered from our customers in connection with their use of podcasts will be governed by our Privacy Policy and our Online Privacy Statement.

  4. No Warranty; No Liability WE PROVIDE EACH PODCAST “AS IS,” “AS AVAILABLE,” WITH NO WARRANTY OF ANY KIND. YOU WILL USE ANY AND ALL PODCASTS AT YOUR OWN RISK. AS DESCRIBED BELOW, WELLS FARGO ASSUMES NO RESPONSIBILITY FOR YOUR ACTIVITY RESULTING FROM OR IN CONNECTION WITH ANY OF OUR PODCASTS.

    WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, RELATING TO OUR PODCASTS OR ANY RELATED CONTENT, PRODUCTS, SERVICES, ADVERTISEMENTS, SOFTWARE, WEBSITES, OR OTHER MATERIALS (INCLUDING WITHOUT LIMITATION, THEIR PERFORMANCE, AVAILABILITY, CONTENTS, FUNCTIONS, OR EFFICIENCY), INCLUDING WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND TITLE, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Some states do not allow the exclusion of certain warranties, so the above exclusions may not apply to you. You may also have other legal rights, which vary from state to state.

    WELLS FARGO, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, LICENSORS, OR THIRD-PARTY SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, LOSS OF DATA, FILES, PROFIT, REVENUE, OR GOODWILL OR THE COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF OUR PODCASTS. Some states do not allow the exclusion or limitation of liability for consequential damages, so the above limitations may not apply to you.

  5. Our Rights To Your Information and User Experience.
    Subject to our Privacy Policy and Online Privacy Policy (see above), we may retain and use, for any lawful purpose and at any time, any content you provide through your use of podcasts, including information about you, your use and navigation of podcast webpages, and your thoughts, preferences, and feedback. Content you provide will not be returned to you, and you will not seek or be entitled to fees, reimbursement, or compensation of any kind from us or anyone else in connection with your content.

  6. Our Intellectual Property Rights. All content in our podcasts are the exclusive property of Wells Fargo and/or its licensors and are protected by copyrights or other intellectual property rights. The trademarks, logos, and Wells Fargo marks displayed on or in connection with our podcasts or related materials (collectively the "Trademarks") are the trademarks of Wells Fargo or third parties. You are prohibited from using, copying, altering, modifying, or changing the Trademarks. Nothing in our podcasts, on our podcast webpage, in these Podcast Terms grants you directly or indirectly any license or right to use any Trademark without the express prior written permission of Wells Fargo or of the applicable third party with rights to that Trademark.

  7. International Use. Wells Fargo does not make any representation that use of our podcasts is appropriate or available for use in locations outside of the United States. You are prohibited from accessing the podcast webpage from countries or territories where its content or use is illegal. If you access our podcast webpage from locations outside the United States, you do so at your own risk and are responsible for compliance with local laws.

  8. Links To Other Websites. The Our Web site may contain links to Web sites controlled or offered by third parties (non-affiliates of Wells Fargo). We disclaim liability for any third-party Web site content, products, privacy policies, or security. If you choose to use the products or services available at a linked site, you agree to read and adhere to the policies and terms of use that apply to that site. In addition, any advice, opinions, or recommendations that the linked site provides are those of the linked site and not of Wells Fargo. Your participation in any linked site, including payment for and delivery of goods or services, is based solely on the agreement, if any, between you and the linked site.

  9. Change of Terms. We have the right to modify these Podcast Terms at any time in any manner we choose. Any modifications will be effective when we post them online, unless we state otherwise. The date on which these Podcast Terms were last updated is shown at the top of these Podcast Terms. You are responsible to review from time to time these Podcast Terms, including the Wells Fargo Privacy Policy, for any changes. Each time you access or use our Web site, you agree to any modified Podcast Terms posted at that time.

  10. Termination or Modification of Podcasts. At our sole discretion, Wells Fargo may terminate these Podcast Terms and your use of our podcasts at any time without notice. All applicable provisions of these Podcast Terms will survive termination.

  11. Indemnification. You agree to indemnify, defend, and hold harmless Wells Fargo, its affiliates, and their respective officers, directors, employees, consultants, agents, third-party service providers, and licensors from any and all third-party claims, liability, damages and/or costs (including without limitation, reasonable attorneys fees) arising from: (a) a third-party claim, action, or allegation of infringement, misuse, or misappropriation arising from your use of our podcasts; (b) your fraud, manipulation, or other breach of these Podcast Terms; (c) any third-party claim, action, or allegation brought against Wells Fargo arising from or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any products or services offered or provided directly or indirectly through any of our podcasts; or (d) your violation of any law or any rights of a third party. Wells Fargo reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will at your expense cooperate with Wells Fargo in asserting any available defenses. You will not settle any action or claims on Wells Fargo's behalf without our prior written consent.

  12. Governing Law. These Podcast Terms will be interpreted according to the laws of the State of California, without reference to its conflict-of-laws principles.
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