This analysis describes what Walmart's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
How other platforms handle this
allow the indemnifying party the right to control the investigation, defense and settlement (if applicable) of such claim at the indemnifying party's sole cost and expense...
permits the other party to control the defense and settlement of the claim
Pinterest reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event you will fully cooperate with Pinterest.
"Walmart reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.Excerpt from Walmart's Terms of Use
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The clause states: “Walmart reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.”
ConductAtlas has identified this type of provision across 227 platforms. See the full comparison.
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