You bear full responsibility for your activities while using Realize Dreams, including any content, information, or materials you post or upload. By agreeing to these Terms, you commit to abide by all applicable federal, state, local laws, and regulations in your use of Realize Dreams. You agree not to engage in or assist others in prohibited conduct as outlined below.

We reserve the right (but are not obligated) to monitor Realize Dreams for violations of these Terms and to take necessary actions, including legal measures, against anyone violating these Terms or the law. We may deny access to Realize Dreams or its features to anyone who breaches these Terms, interferes with others’ enjoyment of our services, or infringes upon the rights of others. We aim to manage Realize Dreams in a way that protects our rights and property and ensures its proper functioning.

Prohibited activities on Realize Dreams include, but are not limited to:

• Violating these Terms or other applicable policies and terms;
• Posting sensitive personal information about yourself or others;
• Copying or adapting Realize Dreams software, such as Flash, PHP, HTML, JavaScript, or other code;
• Uploading harmful software like viruses, worms, spyware, or Trojans that can disrupt or damage Realize Dreams;
• Using automated systems like spiders, robots, or data mining tools unauthorizedly to access Realize Dreams;
• Interfering with, vandalizing, or disrupting Realize Dreams’ servers or networks;
• Bypassing security measures of Realize Dreams;
• Impersonating others or falsely representing affiliations;
• Using Realize Dreams’ contact information to harass or threaten our employees or agents;
• Utilizing Realize Dreams in any way that violates any applicable laws or regulations;
• Attempting any of the above.

Engaging in these prohibited activities can result in immediate termination of your access to Realize Dreams and potential legal action.

Nivafy a Nivaverse Company respects intellectual property rights and has adopted the procedures outlined in the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512, for addressing allegations of copyright infringement. If you believe in good faith that copyrighted material available on Realize Dreams is being used in a way that constitutes copyright infringement, you are encouraged to submit a Notice of Infringing Material.

Before filing a Notice of Infringing Material, it is advisable to consult with a legal professional to fully understand your rights and obligations under the DMCA and other applicable laws. This is particularly important because if your Notice does not meet all the requirements of sections 512(c)(3) of the DMCA, it may not be effective.

Termination of Repeat Infringers

We will terminate or disable your use of our services in appropriate circumstances if we deem you to be a repeat copyright infringer.

Notices must be sent to:

Nivafy DMCA Agent

Nivaverse Inc (DBA Nivafy)(https://nivafy.com/)

Address: 710 South Myrtle Ave unit 120, Monrovia, Ca 91016

Email: [email protected] (with a copy to: [email protected])

Realize Dreams is made available on an “AS IS” and “AS AVAILABLE” basis. To the extent not prohibited by law, Nivafy a Nivaverse Company makes no warranties, whether express, implied, statutory, or otherwise, concerning Realize Dreams or any content on websites linked to it. We expressly disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Nivafy a Nivaverse Company does not warrant that (A) Realize Dreams will meet your requirements, (B) access to and use of Realize Dreams will be uninterrupted, timely, secure, or error-free, and (C) the results obtained from using Realize Dreams will be accurate or reliable.

Nivafy a Nivaverse Company reserves the right, in our sole discretion, to modify or discontinue, temporarily or permanently, Realize Dreams (or any part thereof) with or without notice. You agree that Nivafy a Nivaverse Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of Realize Dreams, except as provided in the “Limitation of Liability” section.

You understand that Nivafy a Nivaverse Company is not responsible for any activities or legal consequences arising from your use of Realize Dreams. Users are responsible for complying with all applicable laws and regulations of the jurisdictions in which they are domiciled, reside, or are located at the time of access or use, as well as these Terms. Violation of these Terms may result in the suspension or termination, at our sole discretion, of your access to and use of Realize Dreams.

Exclusion of Damages: To the maximum extent permitted by applicable law, Nivafy a Nivaverse Company and its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Platform.

Limitation of Liability: In no event shall our total liability to you for all claims arising out of or in connection with these Terms or your use of the Platform exceed the amount you paid, if any, to us for accessing and using the Platform.

Our liability for anything that occurs on the Service is limited to the extent of the law. If there is any issue with the Service, we are unable to anticipate all potential consequences. You agree that we are not liable for any lost profits, revenues, information, or data, or any indirect, special, exemplary, punitive, or incidental damages related to these Terms, even if we are aware of the possibility of such damage. This includes when we remove your content, information, or account. Our total liability related to these Terms will not exceed $100 or any payments made to us within the past twelve months.

We don‘t have control over what other people do or say and we aren‘t responsible for their behaviors or actions (whether online or offline), or content (including unlawful or offensive material). We aren‘t responsible for services and features offered by other people or companies, even if you access them through our Service.

You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney‘s fees and costs, arising out of or in any way connected with your use of the Service or any breach of these Terms. You will, at our request and expense, assist us in defending or settling any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

Realize Dreams may provide access to third-party websites through links on our platform. Please note that these Terms apply exclusively to Realize Dreams and not to any other websites you may access through our links. Similarly, if you have navigated to Realize Dreams via a link from another website, the terms of that website do not apply to Realize Dreams. Nivafy a Nivaverse Company does not assume any responsibility for the terms of use or content of external websites accessed via these links.

You are permitted to establish a hypertext link to Realize Dreams, provided that the link does not suggest or imply any sponsorship of your website or service by Nivafy a Nivaverse Company or Realize Dreams. It is important to note that unless explicitly agreed to by us in writing, any reference to our products, services, processes, or other information by trade name, trademark, logo, or otherwise by you or any third party does not imply our endorsement, sponsorship, or recommendation.

Without Nivafy a Nivaverse Company’s prior written consent, you are not allowed to frame or inline link any content from Realize Dreams, scrape content from the platform, or incorporate any of our material, content, or intellectual property into another website or service. Any such use should only occur in accordance with a license agreement or specific terms provided by us.

Please Read the Following Carefully as It Affects Your Legal Rights.

a. Applicability of Arbitration Agreement. In this section (the “Arbitration Agreement”), you and Nivafy a Nivaverse Company agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or related to these Terms or the use of the Services or any communications between you and Nivafy a Nivaverse Company that are not brought in small claims court will be resolved by binding arbitration on an individual basis. However, you and Nivafy a Nivaverse Company are not required to arbitrate any: (i)disputes or claims within the jurisdiction of a small claims court, consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action, (ii)disputes or claims where the only relief sought is injunctive relief, and (iii) disputes in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents, or other intellectual property rights.

To clarify, this includes claims and disputes that arose between us before the effective date of these Terms. All disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.

b. Informal Dispute Resolution First. We believe in resolving disputes without resorting to arbitration whenever possible. If you have a dispute with Nivafy a Nivaverse Company that falls under arbitration, prior to initiating arbitration, you agree to send an individualized request (“Pre-Arbitration Demand”) to Nivafy a Nivaverse Company, ATTN: Dispute Resolution Department, 252 W. Columbia Ave, Colville WA 99114, so that we can collaborate to resolve the matter. A Pre-Arbitration Demand is considered valid only if it pertains to, and represents, a single individual. Pre-Arbitration Demands submitted on behalf of multiple individuals are not valid. The Pre-Arbitration Demand must contain: (i)Your full name, (ii)Your Nivafy a Nivaverse Company username, (iii) Your contact information, including your telephone number, email address, and mailing address, or the contact information of your legal representative, if applicable, (iv) A detailed description of your dispute, and (v) Your signature.

Similarly, if Nivafy a Nivaverse Company has a dispute with you, Nivafy a Nivaverse Company will send an email or text message with its individualized Pre-Arbitration Demand, meeting the requirements mentioned above, to the email address or phone number associated with your Nivafy a Nivaverse Company account.

If the dispute remains unresolved within sixty (60) days from the date of your or Nivafy a Nivaverse Company’s Pre-Arbitration Demand, arbitration may be initiated. You acknowledge that adhering to this subsection is a prerequisite for commencing arbitration, and that the arbitrator will dismiss any arbitration filed without complete compliance with these informal dispute resolution procedures. Regardless of any other provision in these Terms, the Arbitration Agreement, or WAMS Services’ Rules, the party against whom an arbitration has been filed retains the right to seek a judicial declaration in court regarding whether the arbitration should be dismissed due to failure to comply with the informal dispute resolution process detailed in this subsection.

c. Arbitration Rules. The Federal Arbitration Act, including its procedural provisions, governs the interpretation and enforcement of this dispute-resolution provision, rather than state law. If, after completing the informal dispute resolution process described above, either you or Nivafy a Nivaverse Company elects to initiate arbitration, the arbitration will be conducted by WAMS Services, Inc. (“WAMS Services”) (https://usamwa.com/). In cases where WAMS Services is unavailable for arbitration, the proceedings will be administered by National Arbitration and Mediation (“NAM”) (https://www.namadr.com/).

The rules of the arbitral forum will dictate all aspects of the arbitration, except in cases where those rules conflict with these Terms. A single neutral arbitrator will preside over the arbitration process. Disputes or claims seeking a total amount of less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the discretion of the party seeking relief. For claims or disputes in which the total amount sought is $10,000 USD or more, the entitlement to a hearing will be determined according to the rules of the arbitral forum. Any judgment based on the arbitrator’s award can be entered in any court possessing competent jurisdiction.

d. Additional Rules for Non-appearance Arbitration. In cases where non-appearance arbitration is chosen, the proceedings will be conducted via telephone, online communication, written submissions, or any combination thereof, as determined by the party initiating the arbitration. The arbitration process will not necessitate in-person appearances by the involved parties or witnesses unless both parties mutually agree otherwise.

e. Fees. If Nivafy a Nivaverse Company, initiates an arbitration against you, Nivafy a Nivaverse Company, will assume responsibility for covering all costs associated with the arbitration, including the entire filing fee. Conversely, if you initiate an arbitration against Nivafy a Nivaverse Company, you will be responsible for the nonrefundable Initial Filing Fee. However, if the Initial Filing Fee exceeds the amount required to file a Complaint in the United States District Court for the Central District of Washington (or, for cases where that court would lack original jurisdiction, the Washington Superior Court, County of Stevens), Nivafy a Nivaverse Company will reimburse the difference between the Initial Filing Fee and the amount necessary to file a Complaint in Court. Nivafy a Nivaverse Company, will also cover both parties’ Administrative Fee. Detailed fee schedules for WAMS Services can be found at the link to WAMS Services rate and fee schedule. (https://usamwa.com/fees/)

f. Authority of the Arbitrator. The appointed arbitrator will have the jurisdiction to determine their own authority and to decide the rights and obligations of both you and Nivafy a Nivaverse Company. The dispute under consideration will not be consolidated with any other cases or parties and will remain separate. The arbitrator will possess the authority to issue dispositive rulings on all or part of any claim or dispute. Furthermore, the arbitrator will be empowered to grant monetary damages and non-monetary remedies or relief available under applicable laws, the rules of the chosen arbitration forum, and these Terms. The arbitrator will render a written award and statement of decision outlining the key findings and conclusions forming the basis of the award, including the calculation of any damages awarded. The arbitrator’s authority to grant relief on an individual basis is akin to that of a judge in a court of law. The arbitrator’s award will be final and binding on both you and Nivafy a Nivaverse Company.

g. Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the scheduled arbitration hearing, either you or Nivafy a Nivaverse Company may extend a written offer of judgment to the other party, proposing specific terms for the judgment. If the offer is accepted, along with proof of acceptance, it will be presented to the arbitration provider, who will then enter judgment in accordance with the agreed terms. In cases where the offer is not accepted before the arbitration hearing or within thirty (30) calendar days after it was initially made (whichever comes first), the offer will be considered withdrawn and cannot be introduced as evidence during the arbitration. If one party’s offer is not accepted by the other party, and the latter fails to secure a more favorable award through arbitration, the party who declined the offer will not be entitled to recover their post-offer costs and will be responsible for covering the costs of the offering party, which include all fees paid to the arbitral forum, from the time of the offer.

h. Waiver of Jury Trial. YOU AND NIVAFY A NIVAVERSE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO THE COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. Instead, you and Nivafy a Nivaverse Company, any are choosing to resolve claims and disputes through arbitration. Arbitration procedures are generally more streamlined, efficient, and cost-effective compared to court proceedings, and they are subject to limited review by a court. In any litigation between you and Nivafy a Nivaverse Company concerning whether to uphold or enforce an arbitration award, BOTH YOU AND NIVAFY A NIVAVERSE COMPANY WAIVE ANY RIGHTS TO A JURY TRIAL and instead opt for the dispute to be adjudicated by a judge.

i. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES THAT FALL WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE RESOLVED THROUGH ARBITRATION ON AN INDIVIDUAL BASIS AND CANNOT BE PURSUED ON A CLASS BASIS. CLAIMS INVOLVING MULTIPLE CUSTOMERS OR USERS CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. This provision does not preclude you or Nivafy a Nivaverse Company, from participating in a class-wide settlement of claims. Despite any other clause in this Agreement, the Arbitration Agreement, or the rules of the chosen arbitration provider, disputes regarding the interpretation, applicability, or enforceability of this waiver will be decided solely by a court, not an arbitrator. IF THIS CLASS ACTION WAIVER IS LIMITED, DEEMED VOID, OR RENDERED UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE AGREEMENT TO ARBITRATE BETWEEN THE PARTIES SHALL BE VOID WITH REGARD TO SUCH PROCEEDING AS LONG AS THE PROCEEDING PERMITS CLASS ACTION. UNDER SUCH CIRCUMSTANCES, ANY POTENTIAL CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION THAT IS ALLOWED TO PROCEED MUST BE INITIATED IN A COURT WITH APPROPRIATE JURISDICTION AND NOT IN AN ARBITRATION SETTING.

j. Right to Waive. Any rights and limitations described in this Arbitration Agreement can be waived by the party against whom the claim is made. Such a waiver will not affect or waive any other part of this Arbitration Agreement.

k. Opt-out. You have the option to decline participation in this Arbitration Agreement. By doing so, neither you nor Nivafy a Nivaverse Company, can compel the other party to engage in arbitration. To exercise this, opt-out right, you must send a written notification to Nivafy a Nivaverse Company within 30 days of first becoming subject to this Arbitration Agreement. If you fail to do so, you will be obligated to resolve disputes through arbitration, according to the non-class provisions outlined in these Terms. If you choose to opt out of only the arbitration clauses and not the class action waiver, the class action waiver will still apply. It’s important to note that you cannot opt out of the class action waiver while retaining the arbitration provisions. Your opt-out notification should contain your name, address, Nivafy a Nivaverse Company username, and the email address linked to your Nivafy a Nivaverse Company account (if applicable). Additionally, it must include an explicit statement expressing your desire to opt out of the Arbitration Agreement. You can send your opt-out notice either by postal mail to this address: Nivaverse Inc., Attn: Arbitration Opt-out, 252 W. Columbia Ave, Colville WA 99114 or by email to [email protected].

l. Small Claims Court. Despite the provisions mentioned earlier, both you and Nivafy a Nivaverse Company, retain the option to initiate an individual action in a small claims court.

m. Arbitration Agreement Survival. This Arbitration Agreement remains in effect even after your association with Nivafy a Nivaverse Company ends, which includes any withdrawal of consent or other actions you take to terminate your involvement with the Service or any interactions with Nivafy a Nivaverse Company.

Exclusive Venue: To the extent permitted by these Terms, in cases where legal action is initiated by either you or Nivafy a Nivaverse Company in a court, both parties agree that, except for claims that fall under the jurisdiction of small claims court, all claims and disputes, whether contractual, tortious, or of any other nature, including statutory claims and disputes, arising from or relating to these Terms or the utilization of the Services will be exclusively litigated in the United States District Court for the Central District of Washington. If, however, this court lacks original jurisdiction over the matter in dispute, then all such claims and disputes will be exclusively litigated in the Superior Court of Washington, County of Stevens. Both you and Nivafy a Nivaverse Company, consent to the personal jurisdiction of both courts.

Choice of Law: With the exception of instances where they are precluded by U.S. federal law, these Terms, and any claims and disputes, regardless of whether they are contractual, tortious, or of any other nature, arising from or related to these Terms or their subject matter, are governed by the laws of Washington, excluding its conflict-of-laws principles.

California Residents: If you are a California resident, you have the option to report complaints in accordance with Cal. Civ. Code § 1789.3. Complaints can be directed to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can contact them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.

Your non-compliance with any part of these Terms does not constitute a waiver of our rights under these Terms, even if we do not take immediate action. This means that our rights and obligations under these Terms remain enforceable despite any inaction on our part in response to any breach by you.

Furthermore, should any provision of these Terms be deemed invalid or unenforceable by a court of competent jurisdiction or an arbitrator, such determination will not affect the validity and enforceability of the remaining provisions. The rest of the Terms will continue to be in full force and effect, and we will enforce them to the fullest extent permitted by law.

You are not permitted to assign or delegate these Terms, or any rights or obligations herein. Any attempt to do so will be considered null and void and will result in the automatic termination of your rights to use Realize Dreams. However, Nivafy a Nivaverse Company may assign or delegate these Terms or any rights or obligations under these Terms in the context of a merger, acquisition, sale of all or substantially all of our assets, or as part of a corporate reorganization, either to an affiliate or a third party.

Unless specified otherwise, all notices to Nivafy a Nivaverse Company under these Terms should be sent to our designated email address [email protected], which will be provided for legal communications.

Nivafy a Nivaverse Company reserves the right to modify or change these Terms. Any revised version will be posted on the Realize Dreams platform or communicated to you in another manner. The top of the revised Terms will indicate the date of the most recent revision. Changes will not be retroactive and will only become effective no earlier than fourteen (14) calendar days after posting, except for changes made for legal reasons, which will take effect immediately. Your continued use of Realize Dreams after any changes indicates your acceptance of the new Terms.