thefantasywolf.com

TERMS OF SERVICE

Effective as of August 1, 2021, until replaced.

WELCOME TO THE FANTASY WOLF, AN ONLINE MARKETPLACE THAT ALLOWS USERS TO LIST AND VIEW FANTASY SPORTS TEAMS FOR SALE AND AVAILABLE LEAGUE SPOTS, AND CONNECT AND TRANSACT WITH EACH OTHER. THIS DESCRIBES THE TERMS AND CONDITIONS OF YOUR ACCESS TO AND USE OF THE WEBSITE, MOBILE APPLICATIONS AND OTHER ONLINE PRODUCTS AND SERVICES (COLLECTIVELY, THE “SERVICES”) PROVIDED BY THE FANTASY WOLF, LLC. YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISIONS IN SECTION 9, WHICH REQUIRES, AMONG OTHER THINGS THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. YOU MAY OPT OUT OF THE ARBITRATION PROVISIONS IN SECTION 9 BY CONTACTING US AND NOTIFYING US OF YOUR ELECTION TO OPT OUT.

YOUR USAGE OF THE SERVICES IS SUBJECT TO, AND YOU AGREE TO ADHERE TO, OUR BUSINESS POLICIES, PRACTICES AND PROCEDURES (COLLECTIVELY, THE “POLICIES”), WHICH WE CAN CHANGE WITHOUT NOTICE TO YOU.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS ONLINE OR IN PERSON.

IF YOU DO NOT ACCEPT THESE TERMS YOU SHALL NOT BE PERMITTED TO CREATE A USER ACCOUNT, JOIN, SUBSCRIBE TO, OR USE THEFANTASYWOLF.COM, OR ACCESS OR USE THE MARKETPLACE FEATURE OR ANY OTHER FEATURE OF THEFANTASYWOLF.COM.

BY ACCESSING OR USING THE SERVICES, INCLUDING, WITHOUT LIMITATION, CREATING AN ACCOUNT WITH THEFANTASYWOLF.COM, ACCESSING, VIEWING OR USING THE FANTASYWOLF.COM OR ACCESSING, VIEWING OR USING THE SERVICES, YOU ACCEPT THESE TERMS AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY, AND THEY WILL BE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

CONTACTING US:

You may contact us 24 hours a day, any day of the year, by sending us an e-mail at thefantasysportswolf@gmail.com.

THEFANTASYWOLF.COM USER AGREEMENT

(“Agreement”)

1. THE SERVICES

TheFantasyWolf is a fantasy sports marketplace where users can post and view classified listings for the transfer of fantasy sports teams to new owners and openings in fantasy sports leagues, in accordance with and subject to, the terms and conditions of this Agreement. Users can connect, communicate and engage regarding the terms and conditions under which fantasy sports teams will be transferred from one user to another, in an online marketplace setting in which users can chat, engage in negotiations, and coordinate the transfer of existing teams and the joining of existing leagues. If there is a fee to post and/or to promote your listing, TheFantasyWolf will notify you through the Services before you post your listing.

If you choose to post a listing you agree to pay the applicable listing fee, which The Fantasy Wolf reserves the right to change from time to time.

2. AUTHORIZED USES

Users shall use the Services only in accordance with and subject to the terms and conditions of this Agreement. Users choosing to use the Services for purposes other than as described in this Agreement may be in violation of this Agreement. Users shall not use the Services as an aid to online gambling, as defined in the Unlawful Internet Gambling Enforcement Act of 2006, as an aid to offline gambling, or for the sale of prohibited goods or prohibited services.

Users are eligible to post listings using the Services only if their fantasy sports leagues are in compliance with all applicable law and meet the following criteria, and hereby confirm, verify, represent, and certify that any listings they post using the Services meet the following criteria, as outlined in the Unlawful Internet Gambling Enforcement Act of 2006, or are exempted therefrom:

All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by those participants.
All winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals (athletes in the case of sports events) in multiple real-world sporting or other events.
No winning outcome is based: a) on the score, point spread, or any performance or performances of any single real world team or any combination of such teams; or b) solely on any single performance of an individual athlete in any single real-world sporting or other event.

3. ELIGIBILITY

In order to be eligible to use the Services, you must be at least eighteen (18) years of age, and a resident of the United States, or, to the extent you are required to be older than eighteen (18) years of age in the jurisdiction in which you live to participate in fantasy sports leagues, play fantasy sports, or join, own transfer, obtain, buy or sell fantasy sports teams, then you must be at least the required age in your jurisdiction. Users may use the Services for the purposes outlined in the Authorized Uses section of this Agreement.

4. TRANSACTIONS BETWEEN USERS

Buying and Selling Fantasy Sports Teams; Joining Leagues

When users agree on the terms and conditions for the transfer of a fantasy sports team, or joining a league, they have different options for completing the transaction. If users agree, the transaction can be completed and paid for (to the extent there is a cost) in the manner agreed to by the users, such as by cash, check or other payment method agreed upon. Such transactions are made directly between users when they complete their transaction, pursuant to the terms and conditions determined between the users. The Fantasy Wolf is not a party to such transactions, does not facilitate such transactions, and cannot assist with refunds, returns, disputes, or any other matters related to such transactions.

Alternatively, users may opt, at their discretion, to utilize Escrow.com in connection with a transaction between users. Escrow.com is a separate, independent company and a separate, independent service from The Fantasy Wolf and the Fantasy Wolf’s Services, and users who opt to use Escrow.com to engage in transactions must create user accounts with Escrow.com and comply with all of Escrow.com’s rules and regulations. The Fantasy Wolf is not a party to any transactions conducted with Escrow.com, does not facilitate such transactions, and disclaims any and all responsibility in connection with or related to such transactions, and cannot assist with refunds, returns, disputes, or any other matters related to such transactions.

Taxes

You are responsible for any sales, use, duty or other governmental taxes or fees due with respect to any purchases or sales pursuant to or through the Services. We do not collect or remit any such taxes or fees.

5. PERMISSION TO USE CONTENT

The Services allow you and other users to create, post, store and share content, including but not limited to, messages, text, links, and other materials (collectively, “User Content”). You grant TheFantasyWolf a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distriubute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. The use of your or any other user’s name, likeness, or identity in connection with the Services does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.

You may not create, post, store or share any User Content that violates this Agreement or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by this Agreement, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Services any User Content that:

Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
Is, in TheFantasyWolf’s judgment, disrespectful, inappropriate, or may expose TheFantasyWolf, our users or others to harm or liability;
May infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
Includes any statements or claims that do not reflect your honest views and experiences;
Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations;
Contains any private information of any third parties, including addresses, phone numbers and payment card information; or
Contain viruses, corrupted data or other harmful, disruptive, or destructive files.

TheFantasyWolf assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although TheFantasyWolf has no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

6. PROHIBITED CONDUCT

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort while using our Services, and you are solely responsible for your conduct while using our Services. Without limiting the forgoing, you will not:

Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services or any networks connected to our Services in any manner;
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Sell, resell or commercially use the Services except as expressly permitted by us;
Sell or offer for sale anything that violates this Agreement or applicable law;
Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Provide false, inaccurate or misleading information to us, other users, or our service providers, including when registering for an account, or using our Services;
Use any credit cards, debit cards, bank accounts, or other financial instruments or payment methods which are invalid, you are not authorized to use, or do not legally belong to you;
Perform any act that allows for the laundering of stolen or fraudulent funds;
Violate any law, statutes, ordinances, regulations, or legally-binding restrictions;
Impersonate or post on behalf of any person or entity or otherwise misrepresenting your affiliation with a person or entity;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, including our underlying content and source code, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, obscure or disable any advertisements that appear on or through the Services, or otherwise make any derivative works based upon our Services;
Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
Develop or use any third-party applications that interact with the Services without our prior written consent;
Use any type of automated means to utilize the Services or to collect or extract data from us, such as a harvesting bot, robot, spider, script, crawler, or scraper, not provided by us; or
Use the Services to infringe or violate the intellectual property rights or any other rights of anyone else (including us)

You will establish and use your account only in accordance with any guidelines issued by us. Without limiting the forgoing, you will not:

Create more than one account;
Transfer your account to another user;
Attempt to obtain the password, account information, or other security information of another user; or
Attempt to use another user's account without authorization from that user and us.

If you engage in any of the conduct described above or similar conduct, The Fantasy Wolf may suspend or terminate your right to access the Services. Enforcement of this Section 6 is solely at our discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 6 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

7. INTELLECTUAL PROPERTY RIGHTS

The Services, including the text graphics, images, photographs, videos, illustrations, content, features, and functionality of TheFantasyWolf are owned by The Fantasy Wolf, LLC or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except as explicitly stated in this Agreement all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with this Agreement, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, fully revocable license ("License") to access and use our Services.

TheFantasyWolf, thefantasywolf.com, and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of The Fantasy Wolf, LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

8. SUSPENSION; TERMINATION

We may revoke or terminate your License to access or use the Services for any reason without notice at our sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i) breach any obligation in this Agreement or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Services, or any other product or service, or (iii) use the Services other than as specifically authorized in this Agreement, without our prior written permission. You will stop accessing or using the Services immediately if we suspend or terminate your License to access or use the Services. We reserve the right, but do not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Services during suspension or after termination. We may recover our reasonable attorneys’ fees, expenses, other costs, and court costs from you for such action. This Agreement will remain enforceable against you while your License to access or use the Services is suspended and after it is terminated.

9. RESOLVING DISPUTES

In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim relating to this Agreement, any addendum, our Policies, or the Services (referred to as a "Claim") will be resolved as follows:

(a) Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding (except for Claims described in Section 9(d) below) for at least 30 days after one of us notifies the other of a Claim in writing. You will send your notice to the address on the first page of this Agreement, and we will send our notice to your billing address then listed for your account in our records.

(b) Formal Resolution. Except as provided in Section 9(d), If we cannot resolve a Claim informally, including any Claim between us, and any Claim by either of us against any agent, employee, successor, or assign of the other, including, to the full extent permitted by applicable law, third parties who are not party to this Agreement, whether related to this Agreement or otherwise, including past, present, and future Claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, then these Claims shall be resolved, upon election by either party, exclusively and finally by binding arbitration. The party initiating arbitration must follow the rules and procedures of the American Arbitration Association (“AAA”) in effect at the time the Claim is filed, and the parties agree that the arbitration shall be administered by the AAA. You may obtain copies of the current rules, forms and instructions for initiating an arbitration by contacting:

American Arbitration Association

1633 Broadway, 10th Floor

New York, New York 10019

Website: www.adr.org

(800) 778-7879

This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. ARBITRATION MEANS THAT YOU AND WE WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state's law. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court with jurisdiction

(i) In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction.

(ii) Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the AAA Supplementary Rules for Class Arbitrations do not apply to our arbitration. If the waiver of class arbitration procedures is found to be unenforceable, then this entire Section 9 is unenforceable.

(d) Exceptions. Notwithstanding the foregoing, either you or we may also assert an individual action in small claims court in lieu of arbitration.

10. DISCLAIMERS AND LIMITATION OF LIABILITY

THE FANTASY WOLF PROVIDES SERVICES ON AN AS IS, WHERE IS, AND AS AVAILABLE, BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, THE WEBSITE, THE LISTINGS OR THE CONTENTS THEREOF, OR ANY OTHER CONTENT, INFORMATION, OR MATERIALS ON THE WEBSITE OR IN THE MARKETPLACE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR AS TO THE CORRECTNESS, ACCURACY, TIMELINESS OR RELIABILITY OF THE LISTINGS, INFORMATION, CONTENT OR MATERIALS PROVIDED THROUGH THE SERVICE OR THE WEBSITE. ANY LISTINGS OR OTHER CONTENT IS THE SOLE RESPONSIBILITY OF THE USER WHO ORIGINATED SUCH LISTING OR CONTENT. THE FANTASY WOLF SHALL HAVE NO LIABILITY FOR THE TRUTH, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY LISTING, CONTENT, OR INFORMATION MADE AVAILABLE THROUGH THE WEBSITE OR FOR ERRORS, MISTAKES OR OMISSIONS IN THE LISTINGS, CONTENT OR INFORMATION. YOU EXPRESSLY AGREES THAT YOU ARE USING THE SERVICES AND THE WEBSITE, AND RELYING ON ANY CONTENT OR MATERIALS POSTED OR OBTAINED VIA THE WEBSITE OR SERVICES, AT YOUR OWN AND SOLE RISK AND EXPENSE.

By accessing the website or using the Services, you agree to fully indemnify, defend and hold harmless The Fantasy Wolf, LLC, its managers, officers, governors, employees, owners, agents, vendors, partners, service providers, licensors and successors (the "Fantasy Wolf Parties" and each a "Fantasy Wolf Party"), from and against any and all claims, damages, liabilities,losses, penalties, fines, expenses, costs and attorneys fees (collectively, "Losses") arising out of or relating in any way from your use of the website or the Services, including your breach or the breach of another user of any representation, warranty or covenant under this Agreement.

As a condition to your access to and use of the website and the Services, you hereby waive and release any and all claims, causes of action or other rights that you might have, known or unknown, against the Fantasy Wolf Parties arising out of, or relating in any way to, your use of the website or the Services.

THE FANTASY WOLF SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES OR DAMAGES OF ANY KIND TO YOU ANOTHER USER OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) THAT MAY ARISE OR RESULT FROM YOUR, ANOTHER USER’S OR A THIRD PARTY'S USE OR ACCESS TO, OR INABILITY TO USE OR ACCESS, THE WEBSITE OR THE SERVICES, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF THE FANTASY WOLF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HOWEVER, IF NOT WITHSTANDING THE FOREGOING DISCLAIMER, A COURT DETERMINES THAT A FANTASY WOLF PARTY IS LIABLE FOR CLAIMS, LOSSES OR DAMAGES, SUCH FANTASY WOLF PARTY'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE LISTING FEES PAID DIRECTLY TO THE FANTASY WOLF BY THE USER(S) CLAIMING LOSS OR DAMAGE.

11. INDEMNIFICATION

You agree to indemnify and defend The Fantasy Wolf, its third-party partners, service providers, employees, managers, officers, directors, agents, and licensors from any dispute, claim, or demand made or incurred by a third party as a result of your breach of this Agreement.

12. MISCELLANEOUS

(a) Applicable Law. The interpretation and enforcement of this Agreement and any disputes related to the Services or agreements with The Fantasy Wolf shall be governed by the laws of the state of California, excluding its conflicts of laws principles. Notwithstanding the foregoing, Section 9 shall be governed by the FAA.