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MOBILE APP POLICY


If you are accessing 11 Main from a mobile device using an 11 Main Mobile Application (the "Application"), the following policy applies to you in addition to the Terms of Use. Your use of the Application confirms your agreement to these Terms of USe.

1. APPLICATION USE

11 Main grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third-party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.11Main.com website.

2. LOCATION

When you download or use our Mobile Applications, or access one of our mobile optimized sites, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results and other personalized content. Most mobile devices allow you to control or disable location services in the device's settings menu. If you have questions about how to disable your device's location services, we recommend you contact your mobile service carrier or the manufacture of your particular device.

3. INTELLECTUAL PROPERTY

11 Main owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from any Application, and you will not remove, obscure, or alter 11 Main's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any 11 Main Application.

4. PROHIBITED COUNTRIES POLICY AND FOREIGN TRADE REGULATION

11 Main Applications or their underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or on the U.S. Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by U.S. Export Laws. When using an 11 Main Application, you are responsible for complying with trade regulations, and both foreign and domestic laws (e.g., you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties).

5. ADDITIONAL TERMS

Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

IOS - APPLE
These Terms of Use are an agreement between you and 11 Main, and not with Apple. Apple is not responsible for the Application and the content thereof. 11 Main grants you the right to use the Application only on an iOS product that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim. Apple is not responsible for addressing any claims by you or any third party relating to the Application, or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

WINDOWS - MICROSOFT
These Terms of Use are an agreement between you and 11 Main, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application. You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control. Microsoft, your device manufacturer and (if applicable) your wireless carrier are not responsible for providing support services for the Application. Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, "Disclaiming Distributors") give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws, which these Terms of Use cannot change. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect or incidental damages from any Disclaiming Distributor.

Updated: Apr. 22, 2014