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Localwallwall Terms of Service

Last Updated: November 2013

1. THIS IS AN AGREEMENT BETWEEN YOU AND LOCALWALLWALL

These Terms of Service (“Terms” or “Agreement”) govern your access to and use of Localwallwall’s
Internet-based services (“Services”), including, without limitation, Internet navigation assistance
web pages or application results containing search results, Localwallized events pages, and other
content offered through www.Localwallwall.in, as well as any web page or mobile application that
links to or references these Terms (collectively, "Localwallwall Web Pages"). The Services may
provide paid advertisements, listings, or other sponsored information in addition to unpaid search
results. Sponsored advertisements, listings, and sponsored information may be given priority over
unpaid listings.

Please read these Terms carefully. By accessing or using the Services and/or Localwall Web Pages,
you personally, or on behalf of the entity on which you are using our Services, (collectively, “you” or
“your”) are accepting all the terms and conditions of this Agreement and are concluding a legally
binding agreement with Localwallwall(“Localwall,” “us,” or “our”). Localwall, its affiliates, and its and
their respective employees, officers, directors, and representatives shall collectively be referred to
herein as the “Localwall Parties.” If you do not accept these Terms, do not use the Localwall Web
Pages and/or Services, and if applicable, delete our mobile application(s) immediately. Any
capitalized terms in these Terms not defined herein shall have the meanings ascribed to them in our
Privacy Policy or Service-Specific Rules (as defined below).

LOCALWALL OFFERS THE SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT


MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE
OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY
(See Sections 16-19); AND AN EXCLUSIVE REMEDY (See Section 18). THESE PROVISIONS FORM AN
ESSENTIAL BASIS OF OUR BARGAIN.

2. CHANGES TO THESE TERMS

These Terms may change from time to time, and those changes will be available for your review on
most Localwall Web Pages that you view, and on our web page located at
http://Localwall.in/terms.html. We will post any changes to the Terms on this website and, if the
changes are significant, we will provide a more prominent notice. You should revisit these Terms on
a regular basis. You understand and agree that your access to or use of the Services and/or Localwall
Web Pages is governed by the Terms effective at the time of your access to or use of the Services
and/or Localwall Web Pages. Your continued use of our Services or Localwall Web Pages after any
changes have been made will signify your assent to the changed Terms.

3. ADDITIONAL TERMS

Additional terms may apply to the use of some Services, and are disclosed in the form of the posted
guidelines or rules applicable to such Services (the "Service-Specific Rules"), which may be modified
from time to time. All such Service-Specific Rules are hereby incorporated by reference into, and
form part of, this Agreement. If any provisions of this Agreement conflict with any Service-Specific
Rules, the terms of the applicable Service-Specific Rules shall control.

4. USING THE SERVICES

a) GRANT OF RIGHTS

Subject to your compliance with these Terms, Localwall grants you a limited, non-exclusive right to
use the Services, including any content available to you via the Services, only as permitted in these
Terms. The Localwall Web Pages are for your personal, non-commercial use only.

b) USER ACCOUNTS

In order to take advantage of certain features of the Services (including, without limitation, the
posting of reviews of businesses and the receipt of newsletters and special offers from Localwall),
you may be required to create an account with Localwall (a "Localwall Account"). You represent and
warrant that all registration information provided by you in connection with accessing and/or using
the Services is true, accurate, current and complete at the time of registration and you undertake to
update all such registration information if at any time during your use of the Services it becomes
untrue or inaccurate. Localwall's use of any Personal Information that you provide to Localwall
during the account creation process is governed by Localwall's Privacy Policy, which may be
reviewed at http://Localwall.com/privacy.html. Please note that others may be able to identify you
include any identifying information as part of your User-Generated Content, as defined in Section 5
below.

When you create a Localwall Account, you agree to take full responsibility for maintaining the
confidentiality of your Localwall Account user name and password, and for all activity that is
generated by your Localwall Account. Accordingly, you understand and agree that you will be liable
for any activity performed by any people using your Localwall Account. You agree to immediately
notify Localwall of any unauthorized use of your Localwall Account or any other breach of security.
c) ELIGIBILITY

The Services and Localwall Web Pages are not intended for users under the age of 18. Users under
the age of 18 are expressly prohibited from creating a Localwall Account with Localwall. By creating
a Localwall Account or using the Services, you represent and warrant that you are at least 18 years
old, are of adequate legal competence and/or capacity to enter into and abide by these Terms with
Localwall, are not creating a Localwall Account in order to compete with Localwall, and are not
otherwise prohibited from using or receiving the Services in accordance with these Terms.

d) NO UNLAWFUL OR HARMFUL USE OF THE SERVICES

You represent and warrant that your usage of the Services will only be for lawful purposes and will
be done in accordance with these Terms, any applicable Service-Specific Rules, and all applicable
laws generally. You also represent and warrant that you will not use any of the Localwall Web Pages
or Services to violate any law, regulation or ordinance or any right of Localwall or any third party,
including, without limitation, any right of privacy, publicity, copyright, patent or trademark or other
intellectual property right.

e) COMMUNICATIONS FROM LOCALWALL AND OTHER PARTIES

By creating a Localwall Account, you are deemed to have “opted in” to all tracking, collection, use
and sharing permitted under our Privacy Policy at: http://Localwall.in/privacy.html. You also agree to
receive emails from us relating to your Localwall Account, Services, promotions, and offers, including
third-party offers. You can opt-out of receiving non-essential emails from Localwall by clicking on the
“opt out” link within any email or by contacting us at privacy@Localwall.com.

f) BUSINESS INFORMATION

By submitting Business Information to Localwall (including by claiming any business listings at:
http://www.Localwall.in/claim-your-listing/), you consent to having your Business Information used,
sold or otherwise distributed by Localwall to third parties as permitted in our Privacy Policy at
http://Localwall.in/privacy.html. “Business Information” is defined as a business name, website URL,
telephone number, physical address, email address, description of business, service areas, business
category and/or keyword information, credit card information, and other contact information.
Localwall will comply with applicable laws at all times in our use, sale, or distribution of Business
Information. Some Business Information may be Personal Information.
By submitting Business Information to Localwall, you consent to receive autodialed and/or pre-
recorded telemarketing calls from or on behalf of Localwall or its Partners at the telephone number
provided as part of such Business Information. You represent and warrant that you are authorized to
disclose such Business Information to Localwall. You additionally represent and warrant that any
Business Information provided to Localwall does not and shall not contain any residential contact
information, including any residential landline or cellular telephone numbers.

5. CONTENT

a) RESPONSIBILITY FOR YOUR USER-GENERATED CONTENT

Certain of the Services may permit you to use your Localwall account to submit reviews ("Reviews"),
commentary, postings on message boards, data, text, files, links, software, chat content, music,
sound, photographs, graphics, images, video, communication, messages or other materials and
terms of expression (collectively "User-Generated Content"). User-Generated Content expressly
excludes any Personal Information and/or confidential information that you provide to Localwall
during the Localwall Account registration process in Section 4 above. You agree that you will only
post User-Generated Content that you are legally entitled to publish, and Reviews that you believe
to be true, and that you will not purposely provide false or misleading information in your Reviews.

Unless you have the express consent of the proper owner of any materials that are copyrighted,
trademarked or otherwise subject to a proprietary right, you are not permitted to upload, post, or
otherwise make such materials available on or though the Services. You are solely responsible for
complying with all laws applicable to any User-Generated Content you submit to the Services,
including any Reviews, and for determining whether any materials you wish to upload, post or
otherwise make available on or through the Services are subject to copyright, trademark or some
other proprietary right. Additionally, you are solely liable for any damages that may arise as a result
of any infringement of copyright, trademark or other proprietary right, or any other damages that
result from materials that you upload , post or otherwise make available on or through the Services,
including without limitation any Reviews.

You are solely responsible for any User-Generated Content submitted to the Services from your
Localwall Account, and acknowledge and agree that your User-Generated Content cannot always be
withdrawn. Localwall reserves the right in its sole and absolute discretion to promulgate such
additional rules and policies which it deems necessary or appropriate to govern the posting or
submission of materials on or through the Services. Localwall reserves the right, but has no
obligation, to monitor disputes between you and any business that you have reviewed. Localwall
reserves the right in its sole discretion and without obligation to monitor all User-Generated Content
to ensure conformity with these Terms and any other rules, policies or regulations as may be
promulgated by Localwall from time to time it its sole discretion, as well as any applicable laws, rules
and regulations of any government having proper jurisdiction over Localwall.

BY USING OUR SERVICES, YOU AGREE THAT YOU WILL NOT SUBMIT ANY CONFIDENTIAL
INFORMATION OR MATERIALS TO OR THROUGH THE SERVICES OFFERED BY LOCALWALL. EXCEPT
FOR LOCALWALL ACCOUNTS CREATED PURSUANT TO SECTION 4 ABOVE, LOCALWALL CANNOT AND
DOES NOT AGREE TO MAINTAIN ANY INFORMATION OR MATERIALS YOU SUBMIT TO OR THROUGH
THE SERVICES AS CONFIDENTIAL.

b) CONTENT GUIDELINES

Localwall has the right, but not the obligation, to refuse to post, edit, delete, truncate or to remove
any User-Generated Content for any reason, including if the User-Generated Content contains any of
the following:

Offensive, harmful and/or abusive language, including without limitation: expletives, profanities,
obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g.,
racist/discriminatory speech)

References to illegal activity, malpractice, purposeful overcharging, false advertising or health code
violations (e.g., Food poisoning, Foreign objects in food, etc.)

Reviews submitted by the reviewed business' employees (past or present) or competitors, as


determined by Localwall.

Reviews that do not address the goods and services of the business or Reviews with no qualitative
value (e.g., "this place is great!"), as determined by Localwall in its sole discretion.

Content commenting on other users or violating the privacy of other users, as determined by
Localwall, in its sole discretion

Content that contains personal attacks or describes physical confrontations and/or sexual
harassment

References to excessive damage caused by business or service to person or property

Personal information or messages including, without limitation, email addresses, URLs, phone
numbers and postal addresses
Messages that are advertising or commercial in nature, amount to spam, or are otherwise
inappropriate based on the applicable subject matter

Language that violates the standards of good taste or the standards of this website, as determined
by Localwall in its sole discretion

Content determined by Localwall to be offensive, illegal, or to violate any federal, state, or Localwall
law or regulation or the rights of any other person or entity

Language intended to impersonate other users (including names of other individuals) or offensive or
inappropriate user names or signatures

Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time
bombs, cancel bots or other computer programming routines that are intended to damage, interfere
with, intercept or appropriate any system, data or personal information

Content that otherwise violates these Terms, or any Service-Specific Rules, or that may harm or
threaten the safety of other users of the Services

Content that is false or intentionally misleading

Nothing set forth above shall alter or diminish your responsibility with respect to your User-
Generated Content, as discussed herein. Reviews do not reflect the views of Localwall or any
Localwall Parties. Localwall does not assume responsibility or liability for any Review or for any
claims, damages, or losses resulting from any use of a Review. You acknowledge and agree that, with
respect to any conduct within the Services, Localwall assumes and shall have no liability for any
action or failure to act on the part of Localwall. We are under no obligation to enforce the Terms on
your behalf or against another user.

c) OUR RIGHT TO USE YOUR CONTENT; DERIVATIVE WORKS

You hereby grant Localwall, its subsidiaries, and/or affiliated companies an irrevocable, unrestricted,
royalty-free and perpetual worldwide license to use, reproduce, broadcast, modify, adapt, translate,
transmit, sell, store, privately and publicly display, privately and publicly perform, create derivative
works based upon, distribute, and promote any and all User-Generated Content that you submit,
upload, post, send to or through all or any portion of the Services, including without limitation, both
within the Services and such other products or services as Localwall may designate in any medium
now known or hereafter devised, for editorial, commercial, promotional and all other purposes.

To the extent you submit to Localwall any ideas, concepts, know-how, techniques or other materials
and/or information of any kind, you agree that we are free to use any and all of the foregoing
without further permission or payment to you or any third party. You also permit any user of the
Services or Localwall Web Pages to access, display, view, store and reproduce such User-Generated
Content for personal use. You waive any right to inspect or approve uses of any User-Generated
Content you submit or to be compensated for any such uses. Localwall is under no obligation to give
credit or pay any consideration to you for User-Generated Content.

You agree that Localwall owns all right, title, and interest in any compilation, collective work or other
derivative work created by Localwall using or incorporating your User-Generated Content,
irrespective of any right, title or interest you or others may retain in your User-Generated Content.
By submitting User Generated-Content to or through the Services, you represent and warrant that (i)
you have the right to grant any and all necessary licenses and rights provided herein, including
without limitation, all necessary copyright and other related rights to the User-Generated Content,
free and clear of all claims and encumbrances without violating the rights of any person or entity,
including any right to privacy or publicity, and (ii) the User-Generated Content does not and shall not
infringe on any copyright or any other third party right nor violate any applicable law or regulation.
Localwall does not owe you any payment with regard to any feedback, ideas, suggestions, or
anything else about the Services contained in any User-Generated Content.

d) ADVERTISING

You understand and agree that the Services may include advertisements and that these
advertisements are necessary for Localwall to provide the Services. Localwall relies on its advertisers
for the accuracy and completeness of such advertising. Localwall and its Partners (as defined in our
Privacy Policy) may publicly display advertisements and other information adjacent to or included
with your User-Generated Content. You are not entitled to any compensation for such
advertisements. The manner, mode and extent of such advertising are subject to change without
specific notice to you.

6. PROHIBITED ACTIVITIES

Without limiting the generality of Section 5, you will not use the Services, or any Localwall Web Page
(i) to violate or infringe upon the rights of others in any way, (ii) to violate or facilitate the violation
of any law or to encourage others to violate any law, (iii) to send unsolicited bulk e-mail and/or
instant messages, (iv) to transmit, relay, or otherwise communicate vulgar, unlawful, obscene,
profane, indecent or otherwise offensive or objectionable materials or information, (v) to falsify your
identity or impersonate another person; or (vi) to engage in conduct that limits the use and
enjoyment of the Services, or any part thereof, by other users in any way, as determined by
Localwall in its sole and absolute discretion. You will not send automated queries of any sort to the
Services without express permission in advance from Localwall. Please note that "sending
automated queries" includes, among other things (a) using any software that sends queries to the
Services to determine how a web site or web page "ranks" on the Services for various queries; (b)
"meta-searching" the Services; (c) performing "offline" searches on the Services; and (d) using
software robots, spiders, or other tools to "scrape" or automatically copy any portions of the Web
Site or Services.

You may not reproduce duplicate, copy, sell, resell, exploit or otherwise use the Localwall Web
Pages, any portion thereof, or any services or products available there under for commercial
purposes. You may not use the Localwall Web Pages in any way that harms Localwall, its affiliates,
resellers, distributors, advertisers, service providers and/or suppliers (each, a "Localwall Party" and
collectively, the "Localwall Parties") or any customer of a Localwall Party, as determined in
Localwall's sole discretion. Without limiting the generality of this Section, you will not use the
Localwall Web Pages in any manner that could damage, disable, overburden, or impair any Localwall
Web Page (or the network(s) connected to any Internet Web Page) or interfere with any other
party's use and enjoyment of the Services. Your use of the Services does not give you ownership of
or any rights to any materials or content that may be provided to you in connection with your use of
the Services, all of which is owned by Localwall, its Partners, or other entities.

You agree not to (1) reverse engineer, disassemble, alter, decompile, duplicate, create derivative
works from, make copies of, extract information from, provide or distribute others with any portion
of the Localwall Web Pages or Services, or any information available on, extracted or derived from
the Localwall Web Pages or Services, or any part thereof; (2) connect, use, attempt to connect or use
in any way the Services, for purposes other than your private, personal use in good faith and as
explicitly offered on our website, including without limitation for any commercial purpose, such as,
for instance, sending unsolicited communications of any type or nature; (3) interfere, block, disable
or otherwise affect any advertising, advertising element, advertisement banner window, links to
other sites and services, or other features that constitute an integral part of the Services; and (4)
incorporate, integrate or otherwise include any portion of the Services that is comprised of software
into any software, program or product that communicates, accesses, or otherwise connects with the
Services or any other instant messaging, Internet, or online service. Finally, you may not assist,
encourage, enable, or authorize or assist any third party to do any of the things described in this
section.

7. TERMINATION; VIOLATIONS; SURVIVAL

Localwall may terminate these Terms, or terminate or suspend your access to the Services and/or
Localwall Web Pages at any time, with or without cause, and with or without notice. Upon such
termination or suspension, your right to use the Services will immediately cease.

If you violate these Terms in any way, including, without limitation, by repeat infringement of
copyrights, Localwall may, at its sole discretion, terminate your account, remove or modify any
account-related content or access (including, but not limited to, reviews, newsletters, and
promotions), or take any other action that Localwall believes is appropriate. Localwall may
investigate violations of these Terms and may involve and cooperate with law enforcement
authorities in prosecuting users of the Services or Localwall Web Pages who are involved in such
violations. If your access to the Services is terminated, Localwall may exercise whatever means it
deems necessary to prevent unauthorized access to the Services, including, but not limited to,
technological barriers, IP mapping, and direct contact with your Internet service provider.

In the event of termination of these Terms, whether by us or you, these Terms shall survive in full
force and effect indefinitely, including our right to use your User-Generated Content unless and until
Localwall chooses to terminate such Terms, regardless of whether you close your Localwall Account
or whether you continue to use the Services and/or Localwall Web Pages.

8. LOCALWALL POLICIES

a) PRIVACY

You represent that you have read and understood our Privacy Policy located at
www.Localwall.in/privacy.html, and that Localwall may collect, use and share your information in
accordance with such Privacy Policy.

b) COPYRIGHT INFRINGEMENT CLAIMS

Localwall respects the intellectual property of others, and asks its users, advertisers, licensors and
service providers to do the same. If you believe that your work has been copied and is accessible on
or through the Services in a way that constitutes copyright infringement, go to
http://Localwall.com/copyright.aspx for instructions on how to report copyright infringement to
Localwall.

c) MOBILE APPLICATIONS

You represent that you have read and understood our Mobile App Terms of Service located at
[ADDRESS] in connection with your use and/or download of our mobile applications.

9. USE OF USER-GENERATED CONTENT

Localwall does not control, verify or endorse any User-Generated Content posted by third-parties on
the Services or Localwall Web Pages, and does not guarantee the accuracy, integrity, timeliness or
quality of such content. You understand that, by using the Services or accessing the Localwall Web
Pages, you may be exposed to content that is offensive, indecent or objectionable. You agree that
you must evaluate and bear all risks associated with the use of any content on the Services, including
any reliance on the content, integrity, and accuracy of such content. If you see objectionable content
or have any questions about this Agreement, please contact Localwall at
customerservice@Localwall.in.

10. PROPRIETARY INFORMATION

As you use the Services, you should expect to receive, access or use information, text, materials,
graphics, software, sound, data, advertising, and other content (collectively, "Content") provided by
Localwall and other Localwall Parties. You acknowledge and agree that the Localwall Web Pages and
any Content, Services or software available through or used in connection with the Localwall Web
Pages, including without limitation proprietary databases, software, servers, components, and
algorithms necessary to operate and provide the Services, contain proprietary and confidential
information that is owned by one or more Localwall Parties, and is protected by applicable
intellectual property and other laws. You further acknowledge and agree that Content made
available via the Services or Localwall Web Pages, but provided by third parties may be subject to
separate Terms and Conditions established by those third parties. Localwall's formatting of such
content, including the selection of such available content, and its arrangement, enhancement and
coordination is copyright protected by Localwall. You further acknowledge and agree that Content
contained in advertisements or information presented to you through the Localwall Web Pages or by
advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by the appropriate Localwall Parties, you agree not to
modify, rent, lease, loan, sell, publish, transmit, distribute, create derivative works based on, or in
any way exploit the Services, the Localwall Web Pages, or any Content available through or used in
connection with the Localwall Web Pages, in whole or in part. You are not permitted to store any
portion of the content of the Services in a computer unless it is for personal and non-commercial
use.

11. TRADEMARK INFORMATION

You acknowledge and agree that Localwall.in® and other Localwall logos, products and service
names are or may be trademarks and/or service marks of Localwall ("Localwall Marks"). You agree
that you will not display or use the Localwall Marks in any manner, without the express written
permission of Localwall. The names of other products and companies contained within our Services
may be the trademarks or service marks of their respective owners. Nothing in these Terms grants
you any license to use any trademark, service mark, names or logos of Localwall, any Localwall
Parties, or any third party.

12. INFORMATION AVAILABLE FROM THE RESULTS PAGES


Localwall and the Localwall Parties do not warrant or guarantee the accuracy, completeness or
timeliness of any information available via the Services, or on any Localwall Web Page. Localwall and
the Localwall Parties do not authorize the use of information available via the Services, or on any
Localwall Web Page for any purpose other than your personal use. You may not resell, redistribute
or use this information for commercial purposes. Localwall does not endorse or recommend any
particular product or service.

13. MAP INFORMATION

Google Maps Terms of Use may be viewed at


https://developers.google.com/maps/iphone/terms?hl=en

14. LINKS; THIRD PARTY SERVICES

Certain portions of the Services contain features and functionality that may link to or be provided
from a third party, including without limitation third party websites, databases, applications,
software, programs, services, directories, servers, networks, and systems (collectively, "Third Party
Services"). Localwall provides access to these Third Party Services to you as a convenience only and
Localwall does not, in any way, control or manage such Third Party Services. As such, Localwall is not
responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party
Services or any link contained therein. By making such Third Party Services available via the Services,
Localwall is not endorsing or warranting such Third Party Services in any way. Furthermore, Localwall
does not endorse any product or service that may be offered on or through such Third Party Services
or through advertising delivered on or through the Services. Under no circumstances shall the access
to or availability of such Third Party Services give rise to any liability to anyone for any damage of
whatever nature whatsoever.

15. REQUESTS FOR REMOVAL OF LINKS FROM INDICES

Localwall occasionally receives requests to remove links from its indices that generate web results.
Although Localwall reserves the right to address such requests individually, Localwall is generally not
willing to remove any links from its indices.

16. SECURITY AND PRIVACY LIMITATIONS

By use of any of the Services, you acknowledge that you are aware (1) that data and information on
the Services may be subject to forgery, eavesdropping, tampering, sniffing, spamming, spoofing,
password cracking, harassment, fraud, electronic trespassing, hacking, nuking, system contamination
including viruses, worms and Trojan horses causing unauthorized, damaging and/or harmful access
to, or retrieval of, information and data on your computer; (2) of security and privacy limitations in
the Services including without limitation the limitation of security, privacy and authentication
measures and features; (3) that the security and privacy features available on the Services, are
provided to you as a convenience only and may not operate according to their description or may
not operate at all; and (4) that information, data or messages may not reach their destination or may
reach an erroneous address or recipient. You acknowledge that, as with most Internet applications
(i.e. e-mail), there are certain risks associated with accepting or downloading files from or through
Localwall. Such risks include, but are not limited to, (1) damage to your computer, (2) damage to any
data or files stored on your computer, (3) Localwall users viewing your IP address, and (4) files you
share with other Localwall users being redistributed and used without your knowledge.

17. LOCALWALL MAKES NO WARRANTY

THE LOCALWALL PARTIES PROVIDE THE SERVICES AND LOCALWALL WEB PAGES "AS IS," "WITH ALL
FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY,
PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE LOCALWALL PARTIES MAKE NO REPRESENTATIONS,
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE LOCALWALL PARTIES DISCLAIM ANY AND
ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT
LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (2) WARRANTIES
OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3)
WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE.

LOCALWALL DOES NOT WARRANT THAT THE SERVICES, LOCALWALL WEB PAGES OR WEB SITE WILL
OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER A RE FREE OF COMPUTER VIRUSES OR
OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR
OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF LOCALWALL'S WEB PAGES OR
SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE LOCALWALL WEB SITES OR THE
SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA,
LOCALWALL IS NOT RESPONSIBLE FOR THOSE COSTS.

18. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY LOCALWALL PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT
LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES
ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE
SERVICES OR THE LOCALWALL WEB PAGES, EVEN IF SUCH LOCALWALL PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 18 IS
INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF
ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND
EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF
CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO
THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU
ARE DISSATISFIED WITH THE SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT,
OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY LOCALWALL PARTY WITH
RESPECT TO THIS AGREEMENT OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SERVICES.

19. CHANGES TO THE SERVICES; ADDITIONAL LIABILITY LIMITATION

WITHOUT LIMITING THE GENERALITY OF SECTIONS 17 AND 18, YOU ACKNOWLEDGE AND AGREE
THAT THE LOCALWALL PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT PROVIDED
BY LOCALWALL OR ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION, ANY INFRINGING,
INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR
ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION,
WITHOUT LIMITING THE GENERALITY OF SECTIONS 17 AND 18, YOU ACKNOWLEDGE AND AGREE
THAT LOCALWALL IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING
FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SERVICES, (2) ANY INCOMPATIBILITY
BETWEEN THE WEB SITE OR LOCALWALL WEB PAGES AND OTHER WEB SITES, SERVICES, SOFTWARE
AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING
OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SERVICES IN
AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OR LIABILITY RESULTING FROM ERRORS,
OMISSIONS OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED BY
LOCALWALL TO YOU, OR (5) ANY LOSSES, DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN
ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES
THROUGH LINKS CONTAINED ON THE LOCALWALL WEB PAGES. YOU AGREE THAT YOU MUST
EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT PROVIDED BY
LOCALWALL OR ANY THIRD PARTIES, INCLUDING ANY RELIANCE ON THE ACCURACY OR
COMPLETENESS OF SUCH CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS
17, 18 AND 19 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO
YOU UNDER APPLICABLE LAW.

20. INDEMNIFICATION

You agree to release, indemnify, defend and hold harmless Localwall, its parent, subsidiaries and
affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from
and against any and all losses, liabilities, claims (including claims without legal merit or brought in
bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments,
awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by
third parties or otherwise) (collectively, "Claims") due to or arising out of Content you submit, post,
transmit, modify or otherwise make available through the Services, your use of the Services, your
connection to the Services, any breach by you of this Agreement, or your violation of any rights of
another. Localwall reserves the right, at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification by you, which will not excuse your indemnity
obligations under this Section.

21. GENERAL

If this Agreement is with Localwall, claims for enforcement, breach or violation of duties or rights
under this Agreement will be adjudicated under the laws of the State of California, without
reference to conflict of laws principles. If this Agreement is with a Localwall affiliate, claims for
enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under
the laws of the place of incorporation for such Localwall affiliate, without reference to conflict of
laws principles. All other claims, including, without limitation, claims under or for violation of
consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of
your state of residence in the United States, or, if you reside outside the United States, under the
laws of the country to which the subject Localwall Web Pages are directed. If this Agreement is with
Localwall, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal
courts in Orange County, California, USA in all disputes arising out of or relating to this Agreement or
the use of the Services. If this Agreement is with a Localwall affiliate, you hereby consent to the
exclusive jurisdiction and venue of the courts located in the place of incorporation for such Localwall
affiliate in all disputes arising out of or relating to this Agreement or the use of the Services. Use of
the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this
Agreement, including without limitation this Section.

If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement
to be unenforceable, the remainder of this Agreement will continue in full force and effect. A printed
version of this Agreement and any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the same extent and subject
to the same conditions as other business documents and records originally generated and
maintained in printed form. Localwall may assign this Agreement, in whole or in part, at any time
with or without notice to you.

You may not assign this Agreement. Except as expressly stated herein, this Agreement constitutes
the entire agreement between you and Localwall with respect to the Services and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral or written,
between you and Localwall with respect to the Services.

The section titles in the Terms are solely used for the convenience of the parties and have no legal or
contractual significance.

Any failure by Localwall to exercise or enforce any provision of the Terms does not constitute a
waiver of such right of provision.
YOU AND LOCALWALL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE
SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

22. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the Localwall Web Pages are copyrighted by Localwall and/or its suppliers, 7555
Irvine Center Drive, Irvine, CA 92618, U.S.A. All rights reserved. Localwall.in, the Localwall.in name
and logos (old and new), and/or other Localwall products and services referenced herein may also
be either trademarks or registered trademarks of Localwall in the India and/or other countries. The
names of actual companies and products mentioned herein may be the trademarks of their
respective owners. The example companies, organizations, products, domain names, e-mail
addresses, logos, people, places and events depicted herein are fictitious. No association with any
real company, organization, product, domain name, e-mail address, logo, person, places or events is
intended or should be inferred. Any rights not expressly granted herein are reserved.

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