TERMS OF SERVICE
Last Updated: August 23, 2019
DREAM Fan Shares (“DFS”) is a website that provides users with information about DREAM Fan Shares and alternative assets such as securities in digital token form, Professional Athlete Investment Tokens, and more. Users may also access a secure web portal via the DFS website to initiate the onboarding process for certain investment opportunities in such alternative assets (the “Services”). The DFS website is owned and operated by Dream Fan Shares LLC, a Delaware Limited Liability Company (the “Company”).
BY ACCEPTING THESE TERMS OF SERVICE OR USING OUR SERVICES, YOU UNDERSTAND THAT THIS IS A LEGALLY BINDING INSTRUMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. PLEASE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS OR USE OUR SERVICES.
THESE TERMS OF SERVICE CONTAIN IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOU AND YOUR USE OF THE SERVICES, INCLUDING, UNLESS YOU CHOOSE TO OPT OUT, A PROVISION REGARDING BINDING ARBITRATION OF DISPUTES (OTHER THAN CERTAIN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) AND A WAIVER OF CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS. PLEASE READ THE “DISPUTE RESOLUTION” SECTION IN ITS ENTIRETY. IN ADDITION, CERTAIN TERMS AND CONDITIONS MAY BE APPLICABLE TO USERS THAT RESIDE OUTSIDE THE UNITED STATES. PLEASE REVIEW EACH OF THE TERMS AND CONDITIONS TO DETERMINE WHETHER THEY APPLY TO YOU.
These Terms of Service (“Terms”) apply to your purchase, access to, and use of, any Services. These Terms do not alter in any way the terms or conditions of any other agreement you may have with the Company for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or that entity violate these Terms.
The Company reserves the right to change or modify these Terms on a going-forward basis at any time and in our sole discretion. If the Company makes changes to these Terms, we will provide notice of such changes as appropriate, such as by sending an email notification to the address you’ve provided and/or notice through the Services. If we make an administrative change, we may provide notice by updating the “Last Updated” date at the top of these Terms.
Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services and delete your account. We encourage you to review the Terms from time to time to ensure you understand the terms and conditions that apply to your access to, and use of, the Services.
1. Use of Services
(a) You represent and warrant to Company that: (i) you are over the age of thirteen (13) have the power and authority to comply with the terms of these Terms and to perform your obligations under the terms of these
Terms; (ii) you will comply with all terms and conditions of these Terms; (iii) you have provided and will provide accurate and complete registration information; and (iv) your use of the Services is in compliance with the laws of your jurisdiction.
(b) You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Services, as specified below.
(c) You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.
(d) You are solely responsible for your use of the Services, including all actions and omissions taken under your account or password. You may not, under any circumstances, do any of the following: (i) use the Services to defraud, threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (ii) cause repeated disruptive incidents; (iii) act, or fail to act, in your use of Services, in a manner that is contrary to applicable laws or regulations; (iv) provide false, inaccurate or misleading information; (v) scrape or collect information from the DFS website about others, including without limitation email addresses without proper consent; (vi) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network; (vii) disseminate, store or transmit viruses, scareware, trojan horses or other malicious code or program; (viii) use the Services to engage in or support any phishing, spoofing or similar attack (ix) use the Services to engage in or support fraudulent and/or criminal activity; (x) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of these Terms of Service.
2. Proprietary Rights
Our trademarks, including but not limited to, DREAM Fan Shares and Professional Athlete Investment Tokens
or PAInTs, are proprietary, and you are not being granted any rights to use them.
Content and Software License. Except for open source software or as otherwise agreed upon, if we enable the use of software, content, virtual items or other materials owned or licensed by us (“Software and/or Content”), we hereby grant you a limited, nonexclusive, non-sublicensable license to access, install, and use the Software and Content solely for personal and noncommercial purposes, conditioned on your compliance with these Terms. You will not use, copy, adapt, modify, decompile, reverse engineer, disassemble, decrypt, attempt to derive the source code of, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content, except as expressly permitted by the Company or as permitted under applicable law. Any unauthorized use of the Software and/or Content is strictly prohibited and will terminate the license granted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
Third Party Content. Your use of services, applications, or content provided by third parties (“Third Party Content”) that may be made available through the Services may be subject to additional end user agreements. In the event that these agreements conflict with the provisions of these Terms, these Terms will govern. The Company has no responsibility or liability with respect to your access to or use of the Third Party Content, or any content or functionality contained in such Third Party Content, your rights to which are solely provided pursuant to a license between you and the provider of such Third Party Content. In no event shall the Company be considered the licensor of the Third Party Content, to have granted any rights to use the Third Party Content, to have assumed any obligations with respect to the Third Party Content, or to have made any representations or warranties with respect to the Third Party Content.
If you are not presented with an end user license agreement when you acquire Third Party Content, the following license terms apply to your use of such Third Party Content: (a) the third party providing the Third Party Content (and not the Company) is the licensor of such Third Party Content; (b) such party grants you a limited, nontransferable license to access and use the Third Party Content only for your personal and noncommercial purposes; and (c) you may not modify, decompile or disassemble the Third Party Content in whole or in part, or create any derivative works from or sublicense any rights in or to the Third Party Content, unless otherwise expressly authorized by the third party or as permitted under applicable law.
Submissions. The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship or other information or content, to the Services (“User Submissions”). By providing User Submissions through the Service, you hereby do and shall grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Service and the Company’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms. For clarity, the foregoing license grant to the Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing. You represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by the Company (including without limitation, publishing content through the Service) will not infringe or violate the rights of any third party; and you acknowledge and agree that: (i) without limiting the license granted by you to the Company with respect to your User Submissions, the Company shall have the right to reformat, excerpt, or translate your User Submissions; (ii) all information publicly posted or privately transmitted through the Service is the sole responsibility of the person from which such content originated; (iii) the Company will not be liable for any errors or omissions in any content; and (iv) the Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
The Company does not endorse and has no control over any User Submission. The Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service and all User Submissions provided by you are at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. The Company has no obligation to monitor the Site, Service, Content, or User Submissions. The Company may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will the Company be liable in any way for any Content or User Submissions, including, but not limited to, any errors or omissions in any Content or User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service.
4. Termination of Services
Company, in its sole discretion, reserves the right (a) to terminate any user account if such user is violating these Terms of Service, or any applicable laws and regulations; (b) to take steps to limit, remove, or disable access to all or any portion of the Services; and (c) to remove any content from Company’s servers at any time, with or without notice, for any or no reason.
Company reserves complete and sole discretion with respect to the operation of the Services. Company may, among other things, withdraw, suspend or discontinue any functionality or feature of the Services, promotional campaigns, or the applications used to access the Services.
The Service is controlled from facilities in the United States. The Company does not make any representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign and local laws and regulations, including but not limited to export and import regulations. You may not use the Service from a country embargoed by the United States, or if you are a person or entity blocked or denied by the United States government.
5. Disclaimer of Warranties
THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.
Furthermore, Company disclaims (a) any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or availability or operability of information or materials displayed on the Services, or the Company website or any of its subpages; (b) any and all responsibility for the conduct of any
user of the Services; (c) any and all responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service, the Company website or any of its subpages; (d) any and all responsibility for any financial gains, losses or tax consequences associated with your use of the Services and the associated cryptocurrency.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, RELIABLE OR WILL IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.
6. Limitation of Liability; Indemnification
UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICE, THE USE OF DFS, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON COMPANY OR THE SERVICES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY’S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES, DFS OR COMPANY WEBSITES.
THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.
7. Term and Termination
These Terms of Service are effective as of the time you first access the Services, and shall continue in full force and effect until terminated as set forth herein. Subject to Section 4, you may terminate your access to or your use of the Services at any time. The terms of Sections 2, 5, 6, 7, and 8 shall survive any termination or expiration of these Terms of Service.
8. Procedure for Reporting Copyright Infringements
If you believe that Content residing on or accessible through the Service infringes a copyright, please send a written Notice of Copyright Infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of the owner of the copyright that has been allegedly infringed, or a person authorized to act on such person’s behalf;
Identification of the copyrighted works or materials allegedly being infringed;
Identification of the Content that is claimed to be infringing including information regarding the exact location of the Content that the copyright owner seeks to have removed, with sufficient detail so that
the Company is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail
A statement that the notifier has a good faith belief that the use of the allegedly infringing Content is
not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying
party is the copyright holder is authorized to make the complaint on behalf of the copyright owner.
Once a completed Notice of Copyright Infringement is received by the Designated Agent, it is the Company’s policy:
to remove or disable access to the infringing Content, to the extent possible and within the Company’s power;
to notify the Content provider, member or user, to the extent possible and within the Company’s power, that it has removed or disabled access to the Content; and
that repeat offenders will have the infringing Content removed from the system and that the Company will terminate such content provider’s, member’s or user’s access to the service to the extent possible.
Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the Content provider, member or user;
Identification of the Content that has been removed or to which access has been disabled and the
location at which the Content appeared before it was removed or disabled;
A statement that the Content provider, member or user has a good faith belief that the Content was
removed or disabled as a result of mistake or a misidentification of the Content; and
Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which the Company is located, and that such person or entity will accept service of process
from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it to the extent possible in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s discretion and to the extent possible.
Please contact the Company’s Designated Agent to Receive Notification of Claimed Infringement at the following address: Designated Agent to Receive Notification of Claimed Infringement:
DREAM Fan Shares
919 N. Market St. Ste. 950 Wilmington, DE 19801
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware.
No waiver of any term, provision or condition of these Terms of Service, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
These Terms of Service constitute the complete and exclusive statement of the agreement between the parties with respect to the Services and supersedes any and all prior or contemporaneous communications,
representations, statements and understandings, whether oral or written, between the parties concerning the Services.
The provisions of these Terms of Service are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
No provisions of these Terms of Service are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to these Terms of Service. The Company may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
10. Dispute Resolution
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION (JURY TRIAL WAIVER) OF ANY AND ALL DISPUTES (OTHER THAN SPECIFIED INTELLECTUAL PROPERTY CLAIMS AND SMALL CLAIMS) WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY (NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS).
Binding Arbitration; Disputes; Small Claims. You and The Company agree to waive any right to a jury trial, or the right to have any Dispute resolved in any court, and instead accept the use of binding arbitration (which is the referral of a Dispute to one or more impartial persons for a final and binding determination); provided, however, that you have the right to litigate any Dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied. You agree to bring a Dispute in small claims court in Wilmington, Delaware, or, if you reside in the U.S., in a small claims court in your county of residence. “Dispute” as used herein means any dispute, cause of action, claim, or controversy arising out of or in any way related to The Company, these Terms, the subject matter of these Terms, or access to and use of the Services, including but not limited to contract, personal injury, tort, warranty, statute or regulation, or other legal or equitable basis and disputes that involve third parties (such as developers of Third Party Content), except any dispute, cause of action, claim, or controversy relating to the Company’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and/or patents). You and the Company empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
No Class Arbitrations, Class Actions or Representative Actions. You and the Company agree that any Dispute is personal to you and the Company, and that any Dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither party agrees to class arbitration, or an arbitration where a person brings a Dispute as a representative of any other
person or persons. Neither you nor the Company agree that a Dispute can be brought as a class or representative action whether inside or outside of arbitration, or on behalf of any other person or persons.
Federal Arbitration Act. You and the Company agree that these Terms affect interstate commerce and that the enforceability of Section 10 shall be governed by, construed, and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) to the maximum extent permitted by applicable law.
Confidentiality. The arbitrator, the Company, and you shall maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator shall have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.
Process. Our goal is to resolve claims fairly and quickly. Accordingly, for any Dispute that you have against the Company, you agree to first contact the Company and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to The Company. The Notice to The Company must be sent by certified mail addressed to: [919 N. Market St. Ste. 950. Wilmington, DE 19801]. The Notice must (a) include your name, residence address, and the email address and/or mobile telephone number associated with your account; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. If you and the Company cannot reach an agreement to resolve the claim within 30 days after such Notice is received, then either party may, as appropriate in accordance with this Section 10, commence an arbitration proceeding or file a claim in court. You and the Company agree that any Dispute must be commenced or filed within one year after such claim arose; otherwise, the Dispute is permanently barred.
In the event that you and the Company cannot resolve a Dispute and you do not pursue your claims through small claims court, you or the Company shall promptly submit the Dispute to binding arbitration at the office of the American Arbitration Association (“AAA”). In the event AAA declines or is unable to administer the arbitration, you and the Company agree to use an arbitration forum or arbitrator that you and the Company mutually agree upon. If, after making a reasonable effort, you and the Company are not able to agree upon an arbitration forum or arbitrator, AAA or a court having proper jurisdiction will appoint an arbitration forum or arbitrator. The arbitration will be conducted in accordance with the AAA Consumer Arbitration Rules (“AAA Rules”) then in effect. The AAA Rules and other information about AAA and arbitration are readily available at http://www.adr.org, by calling 1-800-778-7879, or by mail at 120 Broadway, Floor 21, New York, NY 10271. By entering into these Terms, you either (1) acknowledge that you have read and understand the AAA Rules or (2) waive reading the AAA Rules and waive any claim that the AAA Rules are unfair in any way. You and The Company agree that these Terms govern the arbitration, and that the applicable AAA Rules shall be subject to changes in procedures that AAA may make from time to time.
As limited by the FAA, these Terms, and the applicable AAA Rules, the arbitrator will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute; provided, however, that this power does not include the power to conduct a class arbitration or a representative action, which is prohibited by these Terms (as stated above). The arbitrator may only conduct an individual arbitration, and
may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person or persons.
Right to Opt Out. You may opt out of this agreement to arbitrate. If you do so, neither you nor the Company can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date that you first became subject to this arbitration provision, and must include your name and residence address, the email address you use for your the Company account (if you have one), and a clear statement that you want to opt out of this arbitration agreement. Any requests to opt out must be sent to:
DREAM Fan Shares
919 N. Market St.
Wilmington, DE 19801
If a court or arbitrator decides that any of this section’s limitations cannot be enforced as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Unless you choose to opt out, this dispute resolution provision in Section 10 shall survive termination of these Terms.
The courts in some countries may not permit you to consent to arbitration. If you reside in one of those countries, your country’s laws will apply.