Intellectual Property Rights

Ownership: All content, features, and functionality of the Opulands platform, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the exclusive property of Opulands or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

Limited License: Opulands grants you a limited, non-exclusive, non-transferable, and revocable license to access and use our platform for its intended purposes, subject to these Terms of Use.

Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our platform, except as incidental to normal web browsing or as expressly permitted in writing by Opulands.

User-Generated Content

Ownership: You retain ownership of any content you submit to the platform. However, by submitting content, you grant Opulands a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display such content in connection with our services.

Responsibility: You are solely responsible for any content you submit and must not violate any third-party rights or applicable laws.

Monitoring: Opulands has the right, but not the obligation, to monitor, edit, or remove any user-generated content.

Relationship with Advertisers

Verification of Advertisers: Opulands verifies the areas of specialization and geographical areas of service for the real estate professionals ("Advertisers") listed on our platform. This verification process is designed to ensure that Advertisers have the expertise they claim in particular types of projects and locations.

No Affiliation: While Opulands verifies certain information about Advertisers, we are not affiliated with any Advertiser listed on our platform. Opulands operates as an independent intermediary connecting homeowners and homebuyers ("Users") with Advertisers.

No Endorsement: Opulands does not endorse any individual Advertiser listed on our platform. The presence of an Advertiser on our platform should not be construed as a recommendation or endorsement by Opulands.

Information Sharing: When Users communicate their need for assistance with home improvement projects through our platform, Opulands may share this information with relevant Advertisers. Users acknowledge and agree to this information sharing as part of using our service.

User Discretion: Users are encouraged to exercise their own judgment and conduct their own due diligence when selecting and engaging with Advertisers. Opulands is not responsible for the quality of work, advice, or services provided by Advertisers.

Communication Facilitation: Opulands' role is limited to facilitating communication between Users and Advertisers. We are not a party to any agreement or transaction between Users and Advertisers.

Disclaimer of Liability: Opulands shall not be liable for any disputes, damages, or issues arising from the interaction between Users and Advertisers. Any agreement made between Users and Advertisers is solely between those parties.

Accuracy of Information: While Opulands strives to ensure the accuracy of information provided by Advertisers, we cannot guarantee its completeness or current status. Users should verify any critical information directly with the Advertiser.

Changes to Advertiser List: Opulands reserves the right to add, remove, or modify the list of Advertisers at any time without prior notice.

User Feedback: Users are encouraged to provide feedback on their experiences with Advertisers. However, Opulands reserves the right to moderate, remove, or not display user feedback at its discretion.

By using Opulands' services, you acknowledge that you have read, understood, and agree to these terms regarding our relationship with Advertisers.

Lead Sales and Advertiser Responsibilities

Lead Quality:

• Opulands provides leads to advertisers on an "as-is" basis.
• Opulands makes no guarantees or warranties regarding the quality, responsiveness, or intent of any lead.
• Advertisers acknowledge that leads may not respond or may choose not to move forward with the advertiser's services.

No Guarantee of Conversion:

• Opulands does not guarantee that any lead will result in a successful business transaction or engagement of the advertiser's services.
• Advertisers understand and accept the inherent risks associated with purchasing leads.

Confidentiality of Lead Information:

• Advertisers agree to keep all lead information in strict confidence.
• Lead information may not be shared, sold, or used for any purpose other than the advertiser's direct communication regarding their services.
• Advertisers must comply with all applicable data protection and privacy laws when handling lead information.

Advertiser Responsibilities:

• Advertisers are solely responsible for following up with leads in a timely and professional manner.
• Advertisers commit to providing the highest quality service to all leads.
• The method, frequency, and content of follow-ups are the advertiser's responsibility and should comply with all applicable laws and regulations.

Lead Ownership:

• Once a lead is sold to an advertiser, Opulands retains no ownership or control over the lead information.
• Advertisers are responsible for maintaining and eventually disposing of lead information in accordance with applicable laws.

Dispute Resolution:

• Any disputes regarding lead quality must be reported to Opulands within 3 business days of receiving the lead.
• Opulands will review disputes on a case-by-case basis but is not obligated to provide refunds or additional leads.

Compliance with Laws:

• Advertisers are responsible for ensuring their use of lead information and their follow-up practices comply with all applicable local, state, and federal laws, including but not limited to telemarketing regulations and anti-spam laws.

Indemnification:

• Advertisers agree to indemnify and hold Opulands harmless from any claims arising from their use of lead information or their interactions with leads.

Termination of Service:

• Opulands reserves the right to terminate or suspend lead sales to any advertiser who violates these terms or who receives repeated complaints from leads.

By using Opulands' lead generation services, advertisers acknowledge that they have read, understood, and agree to these terms regarding lead sales and advertiser responsibilities.

Arbitration Agreement

Agreement to Arbitrate: By using Opulands' services, you agree that all disputes, claims, or controversies arising out of or relating to these Terms of Use or the use of Opulands' services shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Scope of Arbitration: This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior agreement; and claims that may arise after the termination of your use of Opulands' services.

Arbitration Procedures: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect. The arbitrator is bound by the terms of this agreement.

Arbitrator's Decision: The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Class Action Waiver: You agree that any arbitration will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

Opt-out Right: You may opt out of this arbitration agreement within 30 days of the date you first use Opulands' services by notifying us in writing by mail at Attn.: Opulands LLC, 10080 N Wolfe Rd SW3 200, Cupertino, CA 95014. Your written notification must include your name, address, and a clear statement that you do not wish to resolve disputes through arbitration.

Survival: This arbitration agreement will survive the termination of your relationship with Opulands.

Modification: Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Opulands makes any future change to this arbitration agreement (other than a change to the address to which notices should be sent), you may reject any such change by sending us written notice within 30 days of the change. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this agreement.

Enforceability: If any part of this arbitration agreement is found to be invalid or unenforceable, then that specific part shall be severed, and the remainder of the agreement will continue to be valid and enforceable.

By using Opulands' services, you acknowledge that you have read, understood, and agree to this arbitration agreement. You understand that by agreeing to arbitration, you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims.

Limitation of Liability

Disclaimer: Opulands provides its services on an "as is" and "as available" basis. We make no warranties, expressed or implied, regarding the operation of our services or the information, content, or materials included.

Cap on Liability: To the fullest extent permitted by applicable law, Opulands shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

Time Limitation: Any cause of action or claim you may have arising out of or relating to these terms or the Opulands platform must be commenced within one (1) year after the cause of action accrues.

Indemnification

You agree to indemnify, defend, and hold harmless Opulands and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from: (i) your use of the platform; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.

Termination

Termination by Opulands: We reserve the right to terminate or suspend your account and bar access to the platform at our sole discretion, without notice, for any reason, including breach of these Terms of Use.

Effect of Termination: Upon termination, your right to use the platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Dispute Resolution

Arbitration Agreement: As detailed in the Arbitration Agreement section above, any dispute, claim, or controversy arising out of or relating to these Terms of Use or the use of Opulands' services shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Exceptions to Arbitration: Notwithstanding the foregoing, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Waiver of Right to Jury Trial: By agreeing to arbitration, both parties are waiving the right to a trial by jury or to participate in a class action or representative proceeding.

Venue for Exceptions: In the event that arbitration is not permitted by applicable law or for matters excluded from arbitration as described above, the parties agree that any legal action or proceeding shall be brought in the federal or state courts located in the State of California, and the parties irrevocably consent to the exclusive jurisdiction and venue of such courts.

Survival: This dispute resolution provision will survive the termination of any agreement with Opulands.