Terms and Conditions

Effective Date: August 2024 

1. Introduction 

These Terms and Conditions (“Terms”) govern your use of our website located at https://wulfcorporation.com  (the “Site”) and any services offered by Wulf Corporation through the Site. By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the Site. 

2. Use of the Site 

• Eligibility: You must be at least 18 years old to use our Site. 
• Account Registration: Certain features of the Site may require registration. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. 
• User Obligations: You agree to use the Site for lawful purposes only. You must not use the Site to: 
• Violate any applicable laws or regulations. 
• Post or transmit any content that is unlawful, defamatory, obscene, or harmful. 
• Interfere with the operation of the Site or attempt to gain unauthorized access to any part of the Site. 

3. Intellectual Property 

• Ownership: All content, design, and functionality of the Site are owned by Wulf Corporation or its licensors and are protected by intellectual property laws. 
• License: We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes, subject to these Terms. 

4. Listings and Information 

• Accuracy: We strive to provide accurate and up-to-date information about properties and services on the Site. However, we do not warrant the accuracy, completeness, or reliability of any property listings, descriptions, or other content. 
• No Guarantee: The information provided on the Site does not constitute an offer or guarantee of availability or pricing. All property listings are subject to change and may be withdrawn without notice. 

5. Third-Party Links 

The Site may contain links to third-party websites or services that are not owned or controlled by Wulf Corporation. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites. You acknowledge and agree that Wulf Corporation shall not be liable for any damage or loss caused by or in connection with your use of any third-party sites. 

6. Limitation of Liability 

To the fullest extent permitted by law, Wulf Corporation shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Site or the information provided. Our total liability to you for any claim arising out of these Terms or your use of the Site shall not exceed the amount paid by you, if any, for accessing the Site. 

7. No Warranties 

• Site Availability: The Site is provided on an "as-is" and "as-available" basis. We do not warrant that the Site will be uninterrupted, error-free, or free from viruses or other harmful components. We make no representations or warranties of any kind, express or implied, regarding the operation or availability of the Site. 
• Content Accuracy: We do not warrant the accuracy, completeness, reliability, or timeliness of any information or content on the Site. Any reliance on such information is at your own risk. 
• Disclaimer of Warranties: To the fullest extent permitted by law, Wulf Corporation disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 

8. Indemnification 

You agree to indemnify, defend, and hold harmless Wulf Corporation, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of the Site or violation of these Terms. 

9. Changes to the Terms 

We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated effective date. Your continued use of the Site after any changes indicates your acceptance of the new Terms. 

10. Termination 

We may terminate or suspend your access to the Site at any time, with or without cause, and with or without notice, for any reason, including if we believe you have violated these Terms. 

11. General 

A. Nature of Relationship  

The relationship of the parties under these Terms will be that of independent contractors. Neither these Terms as a whole or any part of these Terms will render either party the agent, representative, servant, or employee of the other party. Neither party has the power, express or implied, to bind the other party in any manner or to make representations on behalf of the other party regarding any matter. Except as stated in the Agreement, we will in no way be restricted from using or commercializing all or any portion of the Service or performing or receiving any services from any third-party including services the same as or similar to the Service provided or received in connection with these Terms. 

B. MODIFICATION 

We may modify any of these terms and conditions at any time, in our sole discretion, by posting the updated Terms. The changes will become effective no sooner than 30 days after posting, please check the Terms from time to time for updates. YOUR CONTINUED USE OF AND/ACCESS OF THE SERVICES OR THE WEBSITES FOLLOWING A CHANGE WILL CONSTITUTE YOUR ACCEPTANACE OF THE CHANGE. 

C. AGREEMENT TO ARBITRATE DISPUTES 

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT. 

THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS: 

WE BOTH AGREE TO ARBITRATE: 

You and all Affiliated Entities agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, any Affiliated Entities may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. 

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced. 

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS (Judicial Arbitration and Mediation Services). Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. 

To initiate arbitration, you or we must do the following things: 

• (1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. 
• (2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office. 
• (3) Send one copy of the Demand for Arbitration to the other party. 

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In addition, for claims of less than $1,000, we will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, Oklahoma, or any other location we mutually agree to, subject to Oklahoma law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. 

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. The arbitrator's decision may be entered as a judgment in a court of competent jurisdiction. 

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. 

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Affiliated Entities in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, BOTH PARTIES HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE. 

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at rwulf@wulfcorporation.com and providing the requested information as follows: (1)Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website. 

Choice of Law/Forum Selection
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction in the United States District Court for the District of Oklahoma.  

D. Notices 

All notices and other communications to be given to any party hereunder will be sufficient for all purposes hereunder if in writing, properly addressed as set forth below in this section and delivered (a) by hand or courier (delivery of notice deemed to occur upon delivery), (b) if sent electronically on the date delivered to the authorized email address, (c) by overnight delivery service (delivery of notice deemed to occur upon delivery and written confirmation thereof by such service), (d) by certified or registered mail, return receipt requested, with appropriate postage prepaid (delivery of notice deemed to occur upon signature of the receipt by the recipient), or (e) if from us to you, posted to your Account on the date posted. If to us, notices may be sent to rwulf@wulfcorporation.com. If to you, your email and mailing address as identified in our records. 

E. Headings; Interpretation
Section headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. As used herein, "including" means "including without limitation." 

F. Severability
The provisions of the Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions. 

G. Waiver
A waiver of any provision of these Terms must be made in writing to be effective, and our waiver of a 

breach of any provision or right contained in these Terms will not constitute a continuing waiver or waive any subsequent breach or right. 

H. Force Majeure
Except with respect to your payment obligations, neither party will be liable for failures or delays in the performance of its obligations hereunder due to causes beyond its reasonable control, including, in respect of the provision of the Service, failures or delays caused by our service providers, any act of God, sabotage or terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage or power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labor disturbance, or any act or omission of government or other competent authorities, including those related to communicable diseases, epidemics, pandemics or other dangers to public health. 

I. Entire Agreement
These Terms, and documents incorporated herein, comprises the entire agreement between us and 

you and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding its subject matter. 

J. Survival
Sections 1, 2(E), 2(F), 2(G), 2(I), 3(B), 4-17 will survive any termination or expiration of these Terms. 

Definitions. 

• "Account" means the account provided by us that you to manage and access the Service. 
• "Affiliated Entities" means, collectively, us, and our parent, subsidiaries, affiliates, and, where applicable, our and their service providers and licensors. 
• "Agent" means a real estate-broker, salesperson, agent, associate broker, or similar state licensed real-estate professional licensed with one of our franchisees. 
• "App" means a mobile application that may be provided as part of the Service. 
• "Applicable Law" means any statute, law, ordinance, rule, regulation, or requirement of a governmental entity that applies to a party or its business. 
• "Claim" means, collectively, claims, costs, damages, losses, liabilities, Fines, and expenses (including reasonable attorneys' fees and costs). 
• "Communications" means parts of the Service that includes electronic communications services, and document storage and management services, all as provided by us (or, at your selection, by a third party through a Third-Party Product) for your use. 
• "Confidential Information" means any information that (i) a party ("Disclosing Party") discloses to the other party ("Recipient"), either directly or indirectly, in writing or orally or by inspection of tangible objects, and (ii) identified as confidential at the time of its disclosure or that should reasonably be understood to be confidential in nature. 
• "Content" means any content, data or information provided by a party for inclusion in the Service or uploaded to, transmitted or submitted by a party through the Service, including Communications. 
• "Documentation" means the technical and operational documentation made available to you by us regarding any portion of the Service. 
• "Feedback" means ideas, suggestions, or recommendations on the Service provided by you. 
• "Fine" means any and all fines, penalties, refunds, charges, debits, deductions, legal fees and costs incurred by or other sums payable to any party. 
• "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, rights of privacy, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory, or other jurisdiction. 
• "Marks" means an Affiliated Entity's proprietary trademarks, trade names, and service marks, including registrations and applications for registrations thereof and all renewals, modifications and extensions thereof. 
• "MLS Feed" means a local listing service ("MLS") feed(s) provided through the Service. 
• "LoopNet" means online marketplace for commercial property for sale and for lease in the US and Canada. 
• "CoStar" means the online marketplace for commercial and residential real estate. 
• "Privacy Policy" means the privacy policy for a Website or App and other portions of the Service, as provided and modified by us from time to time in our discretion. 
• "PSP" means a third-party payment service provider selected by us. 
• "Service" means our hosted service (including Websites and Apps), software, Documentation, and any services made available to you by us hereunder, all as may be modified by us from time to time in our discretion. 
• "Third Party Products" means the third-party applications and/or services, if any, which may be offered, made available or integrated by us to you for use as part of, or in connection with the Service. 
• "User" means users of the Service. 
• "We," "our," and "us" means Wulf Corporation. 
• "Website" means a website that may be provided by us as part of the Service. 
• "You" and "your" means the individual entering into these Terms with us. 
• "JAMS" means Judicial Arbitration and Mediation Services.