Day Dream Technologies Inc. (“Day Dream”, “We”, “Us”) owns and operates the Day Dream website, available at https://daydreamtechnologies.com (the “Website”), which is used to provide access to a personal sales assistant for multi-level marketing consultants platform (“Platform”) and our related personal contact management services and applications (collectively, together with the Platform, the “Services”).
IN ADDITION, THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
1. DAY DREAM PLATFORM 1.1 Services. The Day Dream Platform allows individuals who are registered on the Platform to organize tasks, contacts, sales and other business related activities.
1.2 Terms of Service. These Terms of Service (the “Terms”) apply to all visitors and users of the Website and Services (“you,” “your,” and “Users”). Day Dream may modify these Terms at any time in our sole discretion by posting a notice on the Website or our mobile application (“App”). Any changes will take effect 30 days from the date of posting of an update to these Terms.
2. REGISTRATION AND ACCOUNTS 2.1 Registration. In order to upload content on the Platform, Users must register for an account through Day Dream. Any visitor to the Website can view certain listing information published on the Platform. By registering for an account, you represent and warrant that all information provided is accurate. If you register as a business entity or other organization, you represent that you have the authority to bind the entity to these Terms and any other agreement entered into with another user of the Services, in which case these Terms will be between such entity or organization and Day Dream, and references to “you” or “User” will refer to such entity or organization.
2.3 Billing Account & Price Terms for Subscriptions. Users who purchase premium Services or make in-app purchases are required to provide valid credit card and billing information (collectively known as “Billing Account”), which will be provided to Day Dream’s third-party payment processor (“Payment Processor”). You agree to pay Day Dream the amount that is specified in the applicable payment plan in accordance with the terms of such plan and these Terms, and you hereby authorize Day Dream to charge your credit card in advance on a predetermined basis in accordance with the terms of the applicable payment plan until termination of your account, and you further agree to pay any charges so incurred. Day Dream reserves the right to change its pricing terms for Subscriptions at any time and Day Dream will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Day Dream’s pricing terms then you may choose not to renew your Subscription in accordance with Section
2.4. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. You shall promptly advise Day Dream if your Billing Account changes due to loss, theft, cancellation, expiry, or otherwise, and you shall be liable for any failure to pay fees caused by out-of-date billing information.
2.4 Subscription Renew & Cancellations All amounts are payable and charged at the beginning of the subscription term for both monthly and annual subscriptions. Each subscription will automatically renew for an additional period, equal in length to the expiring subscription term, until you cancel. You must cancel your monthly or yearly Subscription before the next renewal date to avoid the next Subscription billing. If you purchase your Subscription via the web app, you can cancel the renewal of your subscription at any time by visiting [page pending]. If you purchased your Subscription through the Apple or Google App stores, you can cancel the renewal of your subscription at any time with the App Provider. Upon cancelling your subscription you will have access to the service for the remainder of the subscription period. In the month following the cancellation you will continue to have access to the features and functionality available only to free accounts.
2.5 No Refunds. Day Dream does not issue refunds for partially used subscription periods. All products available for in-app purchase are final sale. Day Dream does not offer any refunds for purchases made through the Services.
3. DISCLAIMERS 3.1 Listings. We have no control over the conduct of our Users or the truth or accuracy of the information that Users share on the services. We cannot guarantee the true identity of any individual with whom you engage through the Services or verify any listing information. We do not endorse any persons who use or register for our Services. USE OF THE SERVICES ARE AT YOUR OWN RISK. DAY DREAM SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, CAUSED BY ANOTHER USER OF THE SERVICES.
3.2 User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Services and Day Dream will have no liability or responsibility with respect thereto. Day Dream reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
4. PAYMENT TERMS 4.1 Fees. There are no monthly recurring fees to register for the Day Dream Services unless the User registers for a premium account or purchase products within Day Dream.
4.2 Payment Method. Users hereby agree that all payments will be processed using Day Dream’s third-party Payment Processor, Stripe, and that all such payments will be governed by the Payment Processor’s terms and conditions available at https://stripe.com/legal/ssa or as otherwise published by the Payment Processor.
4.3 Taxes. Any fees for premium Services are subject to applicable taxes which will be determined by Day Dream and added to the respective fees.
4.4 In-App Purchase Taxes. Users are responsible for determining the amount of applicable taxes to be charged in-app sales. Accordingly, Day Dream is not responsible for calculating, reporting, remitting and withholding any applicable federal, state, provincial, goods, services, value-added, municipal or other taxes or third-party fees associated with transactions between Users.
5. LICENSE; INTELLECTUAL PROPERTY 5.1 License. Subject to your compliance with these Terms and your payment of any of Day Dream’s fees owed hereunder, Day Dream grants you a non-transferable, non-exclusive, non-sub-licensable license to access and use the Website and the Services (the “License”) and to download and use the App. Except as explicitly provided herein, nothing in the Terms gives you a right to use the Day Dream names, trademarks, logos or other distinctive brand features without our prior written consent. The Apps are licensed, not sold.
5.2 Reservation of Rights. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Day Dream Content”), and all intellectual property rights related thereto, are the exclusive property of Day Dream and its licensors. Use of the Day Dream Content for any purpose not expressly permitted by these Terms is strictly prohibited.
5.3 Feedback. You may choose to or we may invite you to submit comments or ideas about the Website, App, and Services, including but not limited to, about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Day Dream under any fiduciary or other obligation, and that we are free to use and exploit in any manner the Feedback without any compensation to you, and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone.
5.4 User Content. Day Dream does not claim ownership of the data, materials and/or content created, uploaded or otherwise transmitted by you through use of the Day Dream Website or Services, including but not limited to reviews, photos, and comments (“User Content”). However, by using the Website and/or Services, you grant Day Dream a worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display and sublicense such User Content for the purpose of operating the Website and Services.
6. RESTRICTIONS Day Dream may impose certain limitations on the use of the Website or Services, including, but not limited to restricting the number of accounts for which you may register, and/or imposing charges for certain features of the Services. You agree to use the Day Dream Website and the Services only for purposes as permitted by these Terms. Day Dream reserves the right to modify or impose any limitations on the use of the Day Dream Website and the Services at any time, with or without notice to you. We also reserve the right at all times to terminate any use of the Services at any time without any liability whatsoever. In using the Day Dream Website and/or the Services you shall not:
(a) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone;
(b) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the Day Dream Website or the Services;
(c) upload, post, email, transmit or otherwise make available any material that:
• is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
• you do not have a right to make available under any law or under a contractual relationship;
• infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party (including privacy rights);
• is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any Users or viewers of the Website or that compromises a User’s privacy; or contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
(d) modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Day Dream Website, Services, App or any other software provided by us;
(e) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(f) “stalk” or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting with one another;
(g) register for more than one user account or register for a user account on behalf of an individual other than yourself;
(h) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(i) use automated scripts to collect information or otherwise interact with the Services or the Website;
(j) access or use the Website or Services for the purpose of copying any feature of the Website or Services or building a competitive product; or
(k) advocate, encourage, or assist any third party in doing any of the foregoing.
7. INDEMNITY You agree to defend, indemnify and hold Day Dream, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Website or Services; (b) your use of the Website or Services; (c) any dealings between you and any persons whom you send or otherwise transmit links or any content to using the Service, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms; (e) your violation of any rights of another, including any intellectual property rights or privacy rights; or (f) your violation of any contract you enter into with another user of the Services. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
8. TERM; TERMINATION 8.1 Termination by Day Dream. Day Dream may, at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website or Services. Cause for such termination shall include, but not be limited to: (a) violations of the Terms, or any other policies or guidelines that are referenced herein and/or posted on the Website or through the Services; (b) discontinuance or material modification to the Services or any part thereof; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the Day Dream Website or the Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; or (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by Day Dream in its sole discretion, and Day Dream will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services.
8.2 Closing of Account by User. At any time User may terminate User’s account. If User terminates a Premium Account, no refunds will be issued.
9. THIRD-PARTY CONTENT; DISTRIBUTION CHANNELS 9.1 Links. The Website may contain links to other websites that are not owned or controlled by Day Dream. In no event shall any reference to any third party, advertisement, third-party product or service be construed as an approval or endorsement by Day Dream of that third party, third-party product or service. Day Dream is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) or any advertisements does not imply that Day Dream endorses or accepts any responsibility for the content or use of such websites, and you hereby release Day Dream from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
9.2 DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our Copyright Agent at email@example.com (subject line: DMCA Takedown Request). You may also contact us by mail or facsimile at:
Day Dream Technologies
919 North Market Street, Suite 950 Wilmington, DE 19801
Notice: To be effective, the notification must be in writing and contain the
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it on the Website;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
9.2 Distribution Channels. The App may be made available through the Apple App Store, Android Marketplace or other distribution channel (“Distribution Channel”). If you obtain the App through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel.
With respect to any App that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
• Day Dream and you acknowledge that these Terms are concluded between Day Dream and you only, and not with Apple Inc. (“Apple”), and that as between Day Dream and Apple, Day Dream, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
• You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
• Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
• Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Day Dream’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
• Day Dream and you acknowledge that Day Dream, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to:(i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Day Dream and Apple, Day Dream, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Day Dream as follows:
Day Dream Technologies Inc.
919 North Market Street, Suite 950 Wilmington DE 19801
Day Dream and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
10. DISCLAIMER OF WARRANTIES AND CONDITIONS THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. DAY DREAM SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THE DAY DREAM WEBSITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAY DREAM OR THROUGH OR FROM THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
11. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL DAY DREAM BE LIABLE ANY DAMAGES THAT RESULT FROM (A) YOUR INABILITY TO USE THE WEBSITE OR THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON THE WEBSITE OR SERVICES, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES, OR (E) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS WHOM YOU SEND OR TRANSMIT ANY CONTENT TO USING THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DAY DREAM’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO TEHSE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIVE HUNDRED DOLLARS (USD$500) OR (B) ALL DAY DREAM’S FEES YOU’VE PAID IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
IF YOU ARE A USER FROM NEW JERSEY, USA, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES AND CONDITIONS” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
12. GOVERNING LAW; JURISDICTION; AGREEMENT TO ARBITRATE These Terms shall be governed by the laws in effect in the State of Hawaii, United States. No choice of laws rules of any jurisdiction shall apply to these Terms. Subject to the Arbitration terms below, the courts of the Province of B.C. located in Vancouver shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, the Day Dream Website or the Services and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms is expressly excluded.
Agreement to Arbitrate (For US residents only):
This Agreement to Arbitrate section (including this subsection and the subsections below) is referred to in these Terms as the “Arbitration Agreement.” If you are located in the United States, You agree that any and all disputes or claims that have arisen or may arise between you and Day Dream, whether arising out of or relating to these Terms (including any alleged breach thereof), the Website or Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Day Dream are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND DAY DREAM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND DAY DREAM AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution
Day Dream is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Day Dream should be sent to the notice address below:
Attention: Customer Support
Day Dream Technologies
919 North Market Street, Suite 950 Wilmington DE 19801
The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Day Dream and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Day Dream may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Day Dream or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Day Dream is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Day Dream and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Day Dream agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Day Dream will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Day Dream will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Day Dream will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
Future Changes to Arbitration Agreement
Notwithstanding any provision in these Terms to the contrary, Day Dream agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Day Dream written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
14. ENGLISH LANGUAGE Under California Civil Code Section 1789.3, users of the Services from California, USA, are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact Day Dream directly at:
Attention: Customer Support
Day Dream Technologies
919 North Market Street, Suite 950 Wilmington DE 19801
15. ENGLISH LANGUAGE It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
16. CONTACT US If you have any questions about these Terms or if you wish to receive any additional information, provide feedback or raise any concerns in relation to the Day Dream Website or the Services, please contact us at: email@example.com