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Dream Again LLC (“Dream Again”) Effective Date: June 1, 2019

TERMS AND CONDITIONS OF USE

 

Dream Again LLC (“Dream Again”, “we” or “us”) offers a telehealth platform
and other services, information, materials, devices and products (the
“Services”) that may be accessed through the Dream Again website (“Site”).
These Terms and Conditions of Use (these “Terms”) describe the terms and
conditions on which Dream Again provides you with access to and use of the
Site (“Platform”).

Before accessing and using the Platform, please read these Terms carefully
because they constitute a legal agreement between Dream Again and you.

BY ACCESSING AND USING THE PLATFORM, YOU AFFIRM THAT:

· YOU HAVE READ AND UNDERSTAND THESE TERMS;

· YOU WILL COMPLY WITH THESE TERMS; AND

· YOU ARE AT LEAST 18 YEARS OLD AND OTHERWISE LEGALLY COMPETENT TO ENTER
INTO CONTRACTS.

IMPORTANT NOTE:
These Terms contain provisions that limit our liability to you and require
you to resolve any dispute with us through final and binding arbitration on
an individual basis and not as part of any class or representative action.

Please see “DISCLAIMER OF WARRANTIES”, “LIMITATIONS OF LIABILITY”, “WAIVER
OF RIGHT TO PURSUE CLASS ACTION CLAIMS”, “LIMITATION ON TIME TO BRING AN
ACTION” and “AGREEMENT TO ARBITRATE CLAIMS; JURY TRIAL WAIVER” sections
below for more information.

Your affirmative act of using and/or registering for the Platform
constitutes your consent to enter into agreements with Dream Again
electronically. If you do not agree to any of these Terms, you may not use
the Platform or Services.


OUR SERVICES ARE NOT INTENDED FOR EMERGENCY SITUATIONS. IN THE EVENT OF
A MEDICAL EMERGENCY, PLEASE CALL 911 OR APPROPRIATE MEDICAL RESPONDERS.

SUMMARY OF IMPORTANT TERMS AND CONDITIONS

1. Services Provided via Platform and Use of the Platform.

The Services provided via the Platform enable Dream Again contracted health
care professionals to deliver care to patients using telemedicine and/or to
connect individuals who are seeking sleep medicine services. The Platform
also provides administrative services as well as information and resources
for individuals seeking general information on sleep health.

Your use of the Platform is subject to the terms and requirements of these
Terms, including the following:

· You must be at least 18 years of age.

· If you create an account with us (an “Account”), you are responsible for
all use of your Account, including use by others to whom you have provided
access to your Account. You also are responsible for any use of your
Account by any person that is caused by your failure to secure your user ID
or password.

· You must not provide false or inaccurate registration credentials,
impersonate any person or entity, and/or falsely claim an affiliation with
any person or entity.

· You must not remove, circumvent, disable, damage, or otherwise interfere
with any: (i) security-related features of the Platform; (ii) features of
the Platform that prevent or restrict use or copying of any content
accessible through the Platform; or (iii) features of the Platform that
enforce limitations on use of the Platform.

· You must not intentionally interfere with, or damage operation of the
Platform, or any user’s enjoyment of them, by any means, including
uploading or otherwise disseminating viruses, worms, or other malicious
code.

· You must not attempt to gain unauthorized access to the Platform, other
accounts, computer systems or networks connected to the Platform, or any
part of it, through hacking, password mining or other improper or illegal
means. You must not access or attempt to access other users’ Accounts.

· You must not use any robot, spider, scraper, or other automated means to
access the Platform for any purpose without our express prior written
permission, or bypass our robot exclusion headers or other measures we may
use to prevent or restrict access to the Platform, or modify the Platform
in any manner or form.

· You must not send automated queries of any sort to the systems and
networks we use to provide the Platform without our express prior written
permission.

2. Fitness for Treatment. In some cases, the Services may
not be the most appropriate way for you to seek medical care and treatment
for sleep related disorders or concerns. To assist you in determining
whether the Service is a fit for your needs, we may ask a series of initial
questions during registration. Based on your responses to these questions,
we may determine that you are not eligible to utilize the Services. In such
a case, you will be notified that you will be unable to use the Services.
If this occurs, your registration will remain on file, but you will not be
able to further utilize the Services. You can always return to the Services
and Site at a later time to determine whether your eligibility has changed.
In addition, even if you are determined to be eligible to utilize the
Services, a Provider may, during the course of your use of the Services,
determine that your medical condition and/or treatment require an in-person
examination or procedure and/or that the Services are not otherwise
appropriate for you. In such case, you may receive a notice from Dream
Again on behalf of a Provider notifying you that you should seek medical
care or treatment outside of the Services and/or that you may be unable to
continue using the Services and such notice may provide you with additional
information regarding next steps.


3. Platform Content and Services Are Not a Substitute For Medical Care.

THE INFORMATIONAL CONTENT ON THE PLATFORM IS NOT INTENDED FOR USE IN THE
DIAGNOSIS OR TREATMENT OF ANY INDIVIDUAL CONDITION OR AS A SUBSTITUTE FOR A
CONSULTATION WITH A LICENSED MEDICAL PROFESSIONAL. ANY CONTENT ON THE
PLATFORM SHOULD NOT BE CONSIDERED COMPLETE; IS NOT EXHAUSTIVE; AND DOES NOT
COVER ALL DISEASES, AILMENTS, PHYSICAL CONDITIONS, OR THEIR DIAGNOSIS OR
TREATMENT. THE CONTENT OF THE PLATFORM SHOULD NOT BE USED IN PLACE OF A
VISIT, CALL OR CONSULTATION WITH, OR THE ADVICE OF, YOUR PHYSICIAN OR OTHER
HEALTH CARE PROVIDERS. SHOULD YOU HAVE ANY PERSONAL HEALTH CARE-RELATED
QUESTIONS, CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER
PROMPTLY. TALK TO YOUR DOCTOR OR PHARMACIST BEFORE TAKING ANY PRESCRIPTION
OR OVER THE COUNTER DRUGS, INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS.
NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT,
BECAUSE OF SOMETHING THAT YOU HAVE READ ON THE PLATFORM.

4. Platform Providers.

Dream Again does not endorse, guarantee or warrant any Provider, or any of
the services they may provide. Providers accessible through the Services
are contract independently with Dream Again, and the Platform Providers are
acting independently and make clinical judgment decisions based on their
experience and discretion.

5. Information Presented by Dream Again.

By creating an account on the Site, you are agreeing to opt-in to the
receipt of newsletters and other information regarding common medical and
health related topics. Although Dream Again endeavors to ensure the
accuracy and reliability of information presented by or on behalf of Dream
Again on the Site, it does not guarantee the accuracy, completeness,
efficacy or timeliness of such information, and therefore, makes no
representation or warranty regarding the same. Furthermore, Dream Again
does not endorse, guarantee, warrant, or recommend any information,
products or services discussed or advertised via the Platform, or linked to
or from the Platform. Reliance on any information, products or services
appearing on the Platform that is provided by Dream Again or Dream Again
employees is solely at your own risk.

6. Medical Equipment.

Dream Again may provide users certain medical equipment including CPAP
machines, home sleep testing devices, masks, filters, tubes, cushions, and
other various sleep-related accessories. The fees and terms of all
equipment will be at Dream Again’s sole discretion. By accepting these
Terms, you agree that all items provided to you by Dream Again are for your
personal use only and not for resale. If you dispense products to others,
including for resale, you acknowledge and agree that you shall be breaching
these Terms and that Dream Again is likely to suffer irreparable harm as a
result of its contracts with suppliers under which Dream Again is obligated
to make reasonable efforts to prevent resale. Additional terms may apply to
equipment at the time of ordering.

6. Information Presented by Users and Third Parties.

Any content and/or opinions uploaded or submitted by a third party,
including a sleep doctor, other physician, or other health care
professional, such as articles, hyperlinks, documents, spreadsheets,
presentations, images, individual user profiles, comments, opinions, or
other dialogue, any other content or opinions in any form and responses to
questions (hereinafter “User-Posted Content”) are solely the opinions and
responsibility of the person or entity submitting them and do not
necessarily reflect the opinions of Dream Again. Dream Again makes no
representation or warranty regarding User- Posted Content that is posted or
uploaded by users of the Platform or other third parties, and Dream Again
expressly disclaims any and all liability related thereto. By using the
Platform, you agree to hold Dream Again harmless from any and all claims
arising out of User-Posted Content. Reliance on any information, products
or services appearing on the Platform, whether provided by Dream Again,
third parties at the invitation of Dream Again, or other individuals is
solely at your own risk.

7. Liability of Dream Again and its Licensors.

THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION DO NOT PURPORT TO LIMIT
LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER
APPLICABLE LAW. YOUR USE OF THE PLATFORM AND RECEIPT OF ANY SERVICES VIA
THE PLATFORM IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE
SERVICES PROVIDED VIA THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE”
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Dream Again does not
warrant that (a) the Platform will meet your requirements, (b) operation of
the services via the Platform will be uninterrupted or virus- or error-free
or (c) errors will be corrected. All warranties of any kind, including all
implied warranties and conditions of merchantability, fitness for a
particular purpose, title, non-infringement, freedom from defects,
uninterrupted use and all warranties implied from any course of dealing or
usage of trade, are disclaimed. Any oral or written advice provided by
Dream Again or its authorized agents does not and shall not create any
warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE DISCLAIMERS OR
EXCLUSIONS MAY NOT APPLY TO YOU.

YOU AGREE THAT DREAM AGAIN IS NOT LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY,
INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR
PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF
LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND
WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE), EVEN IF DREAM AGAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. YOU ALSO AGREE THAT DREAM AGAIN IS NOT AND WILL NOT BE LIABLE FOR
ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM AND RECEIPT OF ANY SERVICES.

IN NO EVENT SHALL DREAM AGAIN’S AND ITS AFFILIATES’ AGGREGATE LIABILITY TO
YOU IN CONNECTION WITH THE SERVICES PROVIDED VIA THE PLATFORM FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE GREATER OF ONE THOUSAND
U.S. DOLLARS (US $1,000) OR THE AMOUNT YOU PAID TO USE THE PLATFORM DURING
THE TWELVE MONTHS PRECEDING THE ACTION THAT GAVE RISE TO THE LIABILITY.

You acknowledge and agree that the above limitations of liability together
with the other provisions in these Terms that limit liability are essential
terms and that Dream Again would not be willing to grant you the rights set
forth in these Terms but for your agreement to the above limitations of
liability.

IF YOU ARE A CALIFORNIA RESIDENT, BY USING THE PLATFORM, YOU WAIVE YOUR
RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
THE DEBTOR.”


8. User Obligations. In order to access the Platform and use the
Services, you represent and warrant that you are at least 18 years of
age and possess the legal right and ability to agree to these Terms and
Conditions.

You agree to fully, completely, accurately and truthfully create an
account. As a condition of use of the Platform, you warrant to Dream Again
that you will not use the Platform in any unlawful manner or in a manner
that could damage, disable, overburden, or impair the Platform, or
interfere with any other party’s use and enjoyment of the Platform. Dream
Again. also retains the right to limit, suspend, discontinue or deny access
to the Platform at any time, and without notice, to anyone who violates
these Terms and Conditions as Dream Again considers appropriate or
necessary in its sole discretion, including but not limited to (1) security
reasons, (2) alleged or suspected breach of these Terms and Conditions, or
(3) the protection of intellectual property. Your failure to comply with
the provisions of copyright and trademark restrictions and member
obligations may expose you to civil and/or criminal liability.

9. Amended Terms.

As we add new features, we may need to modify or supplement these Terms. We
do not intend to change these Terms very often but reserve the right to do
so. You agree to comply in all respects with these Terms and Conditions as
they may be amended, updated or revised from time to time and without
notice to you. When we modify these Terms, we will update the Effective
Date above. We also will notify you of any material change by posting
notice on this webpage. Whenever possible, we will notify you in advance
and will not make changes that have a material retroactive effect on your
privacy rights unless we are legally required to do so. Your continued use
of the Platform after the Effective Date constitutes your acceptance of the
amended Terms. The amended Terms supersede all previous versions of the
Terms. We encourage you to review these Terms frequently and to print out a
copy of these Terms for your records.

10. Copyright and Trademark Notices.

The content of material provided by Dream Again on the Platform is
copyrighted by Dream Again or used by Dream Again under license or other
legal authority. Dream Again and its licensors retain all copyrights and
other proprietary rights in or relating to any content, including but not
limited to software, provided on the Platform. All rights are reserved and
such content may not be reproduced, downloaded, modified, published,
displayed, disseminated, or transferred, in any form or by any means,
except with the prior written agreement of Dream Again or as indicated
below. You may not sell, transfer, reproduce, transmit, distribute, perform
or display such content for any commercial purpose whatsoever without the
prior express written consent of Dream Again.

11. Automatic Renewal.

If you have selected to pay for the Services on a monthly basis, you agree
that we will charge the card or other payment method on file automatically
on a recurring basis every 30 days after the subscription order date until
you cancel your subscription by (1) clicking the “Cancel my treatment plan”
in the Help section of the website and following the cancellation
directions online; or (2) by emailing us at [email protected], from
the email address currently associated with your account, stating that you
want to stop your treatment plan. Once your plan has been cancelled, Dream
Again will ship you a return shipping box with a prepaid shipping label to
send back your CPAP machine and any unused and unopened resupply products
that were shipped in a prior shipment within 10 business days. If you fail
to return your CPAP machine within 10 business days, the full replacement
cost of the device will be charged to your card on file per the following
schedule: DreamStation MSRP $1030 and DreamStation Go $889.

12. Refunds

. If for any reason you are not satisfied with your Dream Again treatment
plan within the first 30 days of your subscription, you may cancel your
subscription for a full refund (does not include payment for home sleep
testing and diagnostic services). Please process your refund by clicking
the “Cancel my treatment plan” in the Help section of the website within 30
days of delivery of your treatment plan welcome kit. Dream Again must
receive the returned subscription plan items in the prepaid box within 10
business days from receipt of the prepaid return box. You will expect to
see a credit to your account within 10-15 business days. Credit will be
issued in the same manner as your original payment card or method.

13. Links to Other Sites and Advertising.

The Platform may contain links to third party websites. These links are
provided solely as a convenience to users and not as a guarantee,
warrantee, endorsement or recommendation by Dream Again of the content on
such third-party websites or as an indication of any affiliation with, or
sponsorship or endorsement of, such third-party websites. Dream Again is
not responsible for the content of linked third-party sites and does not
make any representations regarding the privacy practices of, or the content
or accuracy of materials on, such third-party websites. Furthermore, Dream
Again is not responsible for webcasting or any other form of transmission
received from any linked website. If you decide to access linked
third-party websites, you do so at your own risk. Your use of third-party
websites is subject to the terms of use for such sites.

14. Complaint Procedures.

Any suspected violations of these Terms or misuse of the Platform should be
immediately reported to [email protected].

15. Special Terms for Patients.

Please review our Privacy Policy and Notice of Privacy Practices carefully
before opening an account with us, using the Platform or providing us
with any information.

(a) Protected Health Information, HIPAA and Communications.
Some of the information you submit or that is created through your use of
the Service may constitute “protected health information” (“PHI”) as
defined by the Health Insurance Portability and Accountability Act
(“HIPAA”). PHI does not include information that has been de-identified in
accordance with HIPAA. Dream Again has adopted a HIPAA Notice of Privacy
Practices. By using the services and consenting to these Terms, you
acknowledge receipt of the Notice of Privacy Practices [ https://www.dreamagain.com/notice-of-privacy-practices].

(b) Consent to Electronic Communications.
In addition to the information described in the Notice of Privacy
Practices, you are consenting to Dream Again electronically communicating
PHI via emails or text messages such as appointment reminders, order
information, encouragement and advice. Dream Again has adopted physical,
technical and administrative measures in an effort to protect the integrity
and security of all personal information, including PHI, that we collect
and maintain. We cannot however, ensure or warrant the security of any
information you transmit to us or store on the Service, and you do so at
your own risk. We cannot guarantee that such information may not be
accessed, disclosed, altered or destroyed by breach of any of our physical,
technical, or administrative safeguards. No security measure are
impenetrable.

Because Dream Again is an electronic, telehealth Platform, you may not
use the Service if you do not consent to exchange PHI electronically.

(c) Consent to Marketing Communications.
By using the Services and Platform and providing us with personal data
about you and personal health information, you are consenting to marketing
communications from Dream Again. To opt out of marketing communications,
please email us at [email protected] or unsubscribe at any time by
following the instructions contained within the marketing communication.
Please be aware that if you opt out of receiving commercial email or
marketing communications from us, it may take up to ten (10) business days
for us to process your request, and you may receive promotional emails from
us during that period. Additionally, even after you opt out of receiving
marketing communications from us, you will continue to receive
administrative messages from us regarding the Service.

16. Miscellaneous Conditions of Use.

(a) Additional Terms.
Certain features of the Platform, additional services, promotions, offers
and research studies, may be subject to additional terms and conditions
(“Additional Terms”) presented in conjunction with them. We may present
Additional Terms to you through the Platform. Regardless of how they are
presented to you, we require that you agree to Additional Terms before
using these features of the Platform. Unless otherwise specified in
Additional Terms, all Additional Terms are incorporated into these Terms.
If you do not agree to Additional Terms, you will not have access to the
aspect of the Platform to which they relate. These Terms and Additional
Terms apply equally. If, however, any Additional Term is inconsistent with
any provision of these Terms, the Additional Term will prevail but only for
the service(s) to which the Additional Terms apply.

(b) Resolution and Disputes.
Prior to initiating any legal action against Dream Again, you will give
Dream Again at least 60 days’ advanced written notice. Dream Again will
provide notice by mail or e-mail using the contact information on file with
Dream Again and you must provide such notice by certified mail to 1810 SE 10 th Ave, Suite C Portland, OR 97214.

These Terms shall be governed in all respects by and construed in
accordance with the laws of the State of Oregon, without regard to its
conflicts of law principles. Any cause of action you may have that arises
out of or relates to the Platform must be commenced within one (1) year
after the claim or cause of action arises or such claim or cause of action
is barred.

You explicitly agree that any claims or actions that you may otherwise have
against Dream Again under the laws of any jurisdiction outside the United
States are hereby waived (including claims or actions under the laws of
your own country) and that your sole location and applicable law for any
dispute is in the United States according to the terms of this Section.
This provision does not, however, apply if you are a consumer residing in a
jurisdiction that permits you to make your claim a legally competent court
of the jurisdiction where you reside.


By agreeing to these Terms, both you and we are waiving the right to a
jury trial on any disputes that may arise. You agree to arbitrate all
disputes between you and us.

If a dispute arises between you and us relating to the Platform or these
Terms, you and we agree that the dispute shall be resolved by final and
binding arbitration administered by the American Arbitration Association
under its rules for consumer arbitrations (“AAA Rules”). You and we agree
to the following rules relating to any arbitration proceeding:

· YOU AND DREAM AGAIN WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT
OF LAW. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO
DISCOVERY, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

· The venue for all disputes arising under these Terms shall be in
Portland, Oregon, but you and we may agree to conduct the arbitration by
telephone, online and/or solely based on written submissions. You hereby
waive any right to claim that such location is an inconvenient forum and
covenant not to sue us in any other forum.

· The arbitrator will have the power to grant whatever relief would be
available in court under law or in equity (including attorney’s fees) and
any award of the arbitrator will be final and binding on each of the
parties. The arbitrator will not, however, have the power to award punitive
or exemplary damages, the right to which each party hereby waives.

· The arbitrator will apply applicable law and the provisions of these
Terms and the failure to do so will be deemed an excess of arbitral
authority and grounds for judicial review.

· Any judgment on the award rendered by the arbitrator may be entered in
any court of competent jurisdiction.

· Barring extraordinary circumstances, the arbitrator will issue a decision
within 120 days from the date the arbitrator is appointed, which may be
extended 30 days in the interests of justice.

· All arbitration proceedings will be closed to the public and confidential
and all records relating thereto will be permanently sealed, except as
necessary to obtain court confirmation of the arbitration award.

· The award of the arbitrator will be in writing and will not include any
statement setting forth the reasons for the disposition of any claim.

Either you or we may seek an injunction at any time from any court of
competent jurisdiction as necessary to protect the rights or property of
you or us pending the completion of arbitration.

Payment of all filing, administration and arbitrator fees will be governed
by the AAA Rules. If, however, you are able to demonstrate that the costs
of arbitration will be prohibitive for you as compared to the costs of
litigation, Dream Again will pay as much of the filing, administration and
arbitrator fees as the arbitrator deems necessary to prevent the
arbitration from being cost-prohibitive for you. If the arbitrator
determines that the claim(s) you assert in the arbitration are frivolous,
you agree to reimburse Dream Again for all fees associated with the
arbitration that Dream Again paid on your behalf which you otherwise would
be obligated to pay under the AAA Rules.

(c) Indemnification.
YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS DREAM AGAIN AND ITS OFFICERS,
DIRECTORS, MEMBERS, AGENTS, AFFILIATES, THIRD-PARTY INFORMATION PROVIDERS,
LICENSORS, AND OTHERS INVOLVED IN THE DELIVERY OF THE PLATFORM OR THE
DELIVERY OF INFORMATION, PRODUCTS OR SERVICES OVER THE PLATFORM, FROM AND
AGAINST ANY AND ALL LIABILITIES, EXPENSES, DAMAGES, AND COSTS, INCLUDING
REASONABLE ATTORNEY’S FEES, FROM ANY CLAIM, COMPLAINT OR DAMAGE ARISING OUT
OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, INCLUDING BUT NOT
LIMITED TO ANY VIOLATION BY YOU OF THESE TERMS.

(d) Construction
. If any part of the Terms are deemed unenforceable, the unenforceable part
shall be construed to reflect, as nearly as possible, the original
intentions of the parties. The other provisions of the Terms shall remain
in full force and effect. Dream Again’s failure to insist upon or enforce
strict performance of any provision of the Terms shall not constitute a
waiver of the provision. Neither a course of dealing or conduct between you
and Dream Again nor any trade practices shall be deemed to modify the
Terms. You and Dream Again agree that the United Nations Convention on
Contracts for the International Sale of Goods does not apply to the
interpretation or construction of these Terms.

(e) Jurisdictional Issues; Taxes.
Dream Again makes no representation that the services provided via the
Platform are appropriate or available for use outside the U.S. You are
responsible for compliance with all applicable laws. Dream Again reserves
the right to limit the availability of the Platform and any services in any
geographic area or for any person at any time. Access to the Platform from
territories where their content is illegal is prohibited.

Any software offered on or through the services is subject to United States
export controls. No software may be downloaded or otherwise exported or
re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria or any other country designated by Sponsor and/or
the United States Treasury’s Office of Foreign Assets Control; or (b) to
anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Deny Orders. By
downloading or using any software through the Platform, you represent and
warrant that you are not located in, under the control of or a national or
resident of any such country or on any such list.

You are solely responsible for any and all duties, taxes, levies or fees
(including any sales, use or withholding taxes) imposed by any taxing
authority in connection with your use of the services.

AGREEMENT

Your affirmative act of using and/or registering for the Platform and any
Services offered via the Platform constitutes your electronic signature to
these Terms, which includes the Dream Again Privacy Statement, and your
consent to enter into agreements with us electronically.

BY ENTERING AND USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE
READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE AND THE PRIVACY
POLICY AND NOTICE OF PRIVACY PRACTICES OF DREAM AGAIN, THAT THE PROVISIONS,
DISCLOSURES AND DISCLAIMERS SET FORTH ABOVE ARE FAIR AND REASONABLE, AND
THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THEM IS VOLUNTARY AND IS NOT
THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY
PERSON OR ENTITY.