Terms of Use

PLEASE BE AWARE THAT SECTION 10 OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND DREAMIE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT:

1. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST DREAMIE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND
2. YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
3. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE AND/OR THE SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THIS AGREEMENT.

DREAMIE SERVICES

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1. Certain features of the Site and the Services provided by Dreamie may be subject to additional guidelines, terms, or rules (“Supplemental Terms”), which will be posted on the Site in connection with such Services.  All such Supplemental Terms are incorporated by reference into these Terms.  If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the applicable Service.
2. As part of the Services, Dreamie may assist you in performing the various tasks in planning a home remodel, such as reviewing information related to a piece of property or providing in-person walk throughs of properties with Dreamie personnel or its third-party service providers (“Remodel Assistance”). However, unless explicitly specified by the Supplemental Terms for a particular Service, the Services are not intended to provide you with any financial, real estate, or related advice of any kind.

ACCOUNTS

1. Account Creation.  In order to access and use certain Services offered by Dreamie or its service providers, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Dreamie may suspend or terminate your Account in accordance with Section 9.
2. Account Responsibilities.  You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You hereby represent and warrant that you have all necessary rights to You will immediately notify Dreamie of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  Dreamie cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

ACCESS TO THE SERVICES

1. License. Subject to these Terms, Dreamie grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, noncommercial use.
2. Certain Restrictions.  The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site nor any of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms.  All copyright and other proprietary notices on the Services (or on any content displayed on the Site) must be retained on all copies thereof.
3. Modification.  Dreamie reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you.  You agree that Dreamie will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
4. No Support or Maintenance.  You acknowledge and agree that Dreamie will have no obligation to provide you with any support or maintenance in connection with the Services.
5. OwnershipExcluding any User Content that you may provide (defined in Section 4.1 below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Dreamie or Dreamie’s suppliers.  Neither these Terms (nor your access to or use of the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1. Dreamie and its suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted under these Terms.

‍USER CONTENT

1. User Content.  “User Content” means any and all information and content that you submit to, or use with, the Services (e.g., content in your profile or documents you upload).  You are solely responsible for your User Content.  You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.  You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.3).  You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Dreamie.  Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.  Dreamie is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.  You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
2. License.  You hereby grant (and you represent and warrant that you have the right to grant) to Dreamie an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of providing the Services.  You hereby irrevocably waive (and will cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3. Acceptable Use Policy.  The following terms constitute our “Acceptable Use Policy”:
4. You will not use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any contractual obligation, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
5. In addition, you will not: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)  use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
6. Enforcement.  We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 9, or reporting you to law enforcement authorities.
7. Feedback.  If you provide Dreamie with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Dreamie all rights in such Feedback and agree that Dreamie shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  Dreamie will treat any Feedback you provide to Dreamie as non-confidential and non-proprietary.  You will not submit to Dreamie any information or ideas that you consider to be confidential or proprietary.

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INDEMNIFICATION.

1. You will indemnify and hold the Dreamie Parties (defined in Section 7 below) harmless from and against any claims, liabilities, damages, losses and expenses (including, without limitation, reasonable attorneys’ fees and costs) made by any third party due to, arising out of or alleging (a) your use of the Services, (b) your User Content, (c) your violation of these Terms; or (d) your violation of applicable laws or regulations.  Dreamie reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you will cooperate with our defense of these claims.  You will not settle any matter without the prior written consent of Dreamie.  Dreamie will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

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THIRD-PARTY LINKS, APPLICATIONS & ADS

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1. Third-Party Links, Applications & Ads.  The Services may contain links to third-party websites and services, applications and/or display advertisements for third parties (collectively, “Third-Party Links, Applications & Ads”).  Such Third-Party Links, Applications & Ads are not under the control of Dreamie, and Dreamie is not responsible for any Third-Party Links, Applications & Ads.  Dreamie provides access to these Third-Party Links, Applications & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, Applications & Ads.  You use all Third-Party Links, Applications & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, Applications & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
2. Release. You hereby release and forever discharge the Dreamie (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, any Third-Party Links, Applications & Ads).  If you are a California resident, you hereby waive California Civil Code 1542 in connection with the foregoing, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

DISCLAIMERS

1. DREAMIE PROVIDES SERVICES, INCLUDING THE REMODEL ASSISTANCE, ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DREAMIE DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTIES, CONDITIONS, OR REPRESENTATIONS REGARDING THE SERVICES, INCLUDING REMODEL ASSISTANCE, OR ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES AND DREAMIE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE “DREAMIE PARTIES”) DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. DREAMIE MAKES NO GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS.
2. DREAMIE IS NOT RESPONSIBLE FOR ANY ERRORS IN DISPLAYED INFORMATION OR DELAYS IN DISPLAYING INFORMATION ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CONTENT AND INFORMATION PROVIDED IN CONNECTION WITH REMODEL ASSISTANCE. ANY USE OF OR RELIANCE ON ANY THIRD-PARTY CONTENT OR OTHER INFORMATION ON THE SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES, INCLUDING INFORMATION PROVIDED BY DREAMIE AS PART OF ANY REMODEL ASSISTANCE, IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS THAT YOU MAKE AS A RESULT OF YOUR USE OF THE SERVICES OR INFORMATION PROVIDED THROUGH THE SERVICES (INCLUDING REMODEL ASSISTANCE), AND YOU SHOULD CONSULT WITH YOUR FINANCIAL ADVISORS, ACCOUNTANTS, CONTRACTORS, CERTIFIED FINANCIAL PLANNERS, ATTORNEYS AND OTHER PROFESSIONAL SERVICES ADVISORS PRIOR TO MAKING ANY SUCH DECISIONS. ANY USE OF OR RELIANCE ON ANY THIRD-PARTY CONTENT OR OTHER INFORMATION ON THE SERVICES OR OBTAINED BY YOU THROUGH THE SERVICES, INCLUDING INFORMATION PROVIDED BY DREAMIE, IS AT YOUR OWN RISK. YOU WILL NOT HOLD DREAMIE, ITS AFFILIATES OR ANY THIRD PARTY SERVICE PROVIDER LIABLE FOR ANY POSSIBLE CLAIM FOR DAMAGES ARISING FROM ANY DECISION YOU MAKE BASED ON ANY INSIGHTS, RECOMMENDATIONS, AND INFORMATION OR OTHER CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING REMODEL SERVICES).
3. THE INFORMATION ON THE SERVICES DOES NOT CONSTITUTE AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE NOR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE AN OFFER OR SOLICITATION.
4. DREAMIE DOES NOT PROVIDE  CONSTRUCTION SERVICES. DREAMIE PROVIDES NO SOIL, STRUCTURAL, OR CIVIL ENGINEERING SERVICES. YOU SHOULD CONSULT LICENSED PROFESSIONALS IN THOSE RESPECTIVE AREAS TO DETERMINE WHETHER THE SCOPE OF YOUR PROJECT NECESSITATES ANY OR ALL OF THEIR SERVICES. DREAMIE IS NOT A LICENSED ARCHITECT.
5. DREAMIE DOES NOT PROVIDE REAL ESTATE BROKERAGE SERVICES.  DREAMIE IS NOT AN ATTORNEY, ESCROW AGENT, OR LENDER. NO AGENCY OR FIDUCIARY RELATIONSHIP IS INTENDED TO BE OR SHALL BE DEEMED TO HAVE BEEN CREATED BETWEEN DREAMIE AND ANY USER.
6. THE DREAMIE PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY USER OR ANY ACTUAL OWNER OR PROSPECTIVE BUYER OF ANY PROPERTY: (i) AS TO THE EXISTENCE, OWNERSHIP, LEGAL STATUS (INCLUDING, BUT NOT LIMITED TO, BUILDING CODE COMPLIANCE AND COMPLIANCE WITH ACCESSIBILITY LAWS), SUITABILITY, OR CONDITION OF ANY PROPERTY LISTED ON THE DREAMIE SITES; (ii) AS TO THE REPUTATION, ABILITY OR PERFORMANCE OF ANY USER; OR (iii) AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A PROPERTY. PRE-CONSTRUCTION COST ESTIMATES ARE NOT CONSIDERED A QUALIFIED BID AND MAY VARY DEPENDING ON FINAL MATERIAL SELECTIONS AND LOCAL MARKET CONDITIONS. COST STRUCTURE MAY VARY. CONCEPTUAL DESIGN DRAWINGS MAY BE OFF WITHIN 5% ACCURACY AND NEED TO BE VERIFIED IN FIELD (VIF) BY A LICENSED CONTRACTOR AND/OR ARCHITECT. DREAMIE DOES NOT GUARANTEE OR REPRESENT THAT A GENERAL OR SPECIALTY CONTRACTOR WILL ENTER INTO AN AGREEMENT WITH YOU OR TAKE ANY PARTICULAR ACTION WITH RESPECT TO ANY PROPERTY.  
7. DREAMIE IS NOT AN OWNER, PROPERTY MANAGER, LENDER OR SELLER. DREAMIE DOES NOT, UNDER ANY CIRCUMSTANCES, FOR COMPENSATION OR VALUABLE CONSIDERATION, OR OTHERWISE, SELL OR OFFER TO SELL, BUY OR OFFER TO BUY, LEASE OR OFFER TO LEASE, RENT OR OFFER TO RENT, MANAGE OR OFFER TO MANAGE ANY REAL PROPERTY.
8. IN NO EVENT IS DREAMIE IS A FINANCIAL ADVISOR, BROKER, OR FIDUCIARY AS A RESULT OF ANY USE BY YOU OF THE SERVICES, INCLUDING ANY REMODEL ASSISTANCE. ANY FINANCIAL INSIGHTS, CALCULATIONS, AND INFORMATION PROVIDED BY DREAMIE TO YOU THROUGH THE SERVICES (INCLUDING REMODEL ASSISTANCE), IS GENERAL IN NATURE AND PROVIDED FOR INFORMATIONAL PURPOSES ONLY, DOES NOT CONSTITUTE PROFESSIONAL OR FINANCIAL ADVICE, AND YOU SHOULD NOT CONSTRUE ANY SUCH INFORMATION OR OTHER MATERIAL AS LEGAL, TAX, INVESTMENT, FINANCIAL, OR OTHER ADVICE.
9. YOU ACKNOWLEDGE AND AGREE THAT THE DREAMIE PARTIES ARE NOT LIABLE, AND YOU WILL NOT SEEK TO HOLD THE DREAMIE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. DREAMIE MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.  DREAMIE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY THEREOF.

LIMITATION OF LIABILITY

1. IN NO EVENT SHALL THE DREAMIE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF SERVICE OR YOUR ACCESS, OR INABILITY TO USE OR ACCESS, THE SERVICES OR ANY MATERIALS ON THE SERVICES, WHETHER BASED ON: (A) BREACH OF CONTRACT; (B) BREACH OF WARRANTY; (C) NEGLIGENCE; OR (D) ANY OTHER CAUSE OF ACTION, EVEN IF DREAMIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.  
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE DREAMIE PARTIES EXPRESSLY DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF THE SERVICES; (II) PERSONAL INJURY OR PROPERTY DAMAGE; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) INTERRUPTIONS OR CESSATIONS OF TRANSMISSIONS TO OR FROM THE SERVICES; (V) VIRUSES OR SIMILAR MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (VI) ANY ERRORS OR OMISSIONS IN THE SERVICES OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES. OUR AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED UNITED STATES DOLLARS ($100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
3. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  

TERM AND TERMINATION.  

1. Subject to this Section, these Terms will remain in full force and effect while you use the Services.  We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  Dreamie will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 3.2–3.5, 4–12.

DISPUTE RESOLUTION.  

1. Please read the following arbitration agreement in this Section 10 (“Arbitration Agreement”) carefully.  It is part of your contract with Dreamie and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
2. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the Services that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and the Dreamie Entities, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.  
3. Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  Such informal negotiations will commence upon written notice. Your address for such notices is your personal home address, if provided by you, with an email copy to the email address you may have provided Dreamie. A Notice to Dreamie should be sent to Enkasa Inc. dba Dreamie, Attn: Legal, PO Box 411221, San Francisco, CA 94141.  After the Notice is received, you and Dreamie may attempt to resolve the claim or dispute informally.  If you and Dreamie do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. If necessary to preserve a Claim under any applicable statute of limitations, you or Dreamie may initiate arbitration while engaging in the informal negotiations.
4. Arbitration Rules.  Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.  The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  If the arbitrator grants you an award that is greater than the last settlement offer that Dreamie made to you prior to the initiation of arbitration, Dreamie will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.  
5. Additional Rules for Non-Appearance Based Arbitration.  If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.  
6. Time Limits.  If you or Dreamie pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.  
7. Authority of Arbitrator.  If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Dreamie, 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 AAA Rules, and these 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 Dreamie.
8. 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 under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and Dreamie in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND DREAMIE WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
9. Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
10. Confidentiality.  All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
11. Severability.  If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
12. Right to Waive.  Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
13. Survival of Agreement.  This Arbitration Agreement will survive the termination of your relationship with Company.
14. Small Claims Court.  Notwithstanding the foregoing, either you or Dreamie may bring an individual action in small claims court.
15. Emergency Equitable Relief.  Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
16. Claims Not Subject to Arbitration.  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
17. Courts.  In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the state and federal courts located within San Francisco, California, for such purpose.

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GENERAL

1. Changes.  These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Site.  You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site.  These changes will be effective immediately for new users of our Site.  Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
2. Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You will not export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Dreamie, or any products utilizing such data, in violation of the United States export laws or regulations.
3. Notice to California Residents.  If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
4. Electronic Communications.  The communications between you and Dreamie use electronic means, whether you use the Site or send us emails, or whether Dreamie posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Dreamie in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Dreamie provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
5. Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Dreamie is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Dreamie’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Dreamie may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.
6. Copyright/Trademark Information.  Copyright © 2021, Enkasa, Inc. dba Dreamie. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
7. Contact Information and License Disclosures: The Services are offered by Enkasa, Inc. dba Dreamie and its affiliates. You may contact Dreamie by sending correspondence to Enkasa Inc. dba Dreamie, Attn: Legal, PO Box 411221, San Francisco, CA 94141, emailing hello@dreamie.co or calling (925) 238-3358.