Freehold User Agreement

Welcome to Freehold Mobile, an application used to own and use the Freehold multi-chain non-custodial digital wallet (the “Freehold Wallet”) and access related services on mobile devices. Freehold Mobile users will also have access to their Freehold Wallets and other services through an internet-based digital network referred to as “Freehold Web” once it is activated. The Freehold Wallet, Freehold Mobile, Freehold Web, and related services are collectively referred to as the “Freehold Services.” The Freehold Services permit users to conveniently and securely access, transfer, send, and receive cryptocurrencies, tokens, and other digital assets (collectively, “Assets”) in the Freehold Wallet.

Freehold Mobile may also permit interaction with third-party services, decentralized applications (“DApps”), and platforms. These will be referred to as “Third-Party Services.”

By downloading, accessing or using the Freehold Services, the user (“you”) agree to all the terms and conditions of this User Agreement. Please read it carefully. If you do not agree to this User Agreement, you may not access or use the Freehold Services.

Freehold Services are owned and operated by Realio Technologies, LTD (“Realio”, “we”, “us” and “our”).

Agreement

BACKGROUND

The Freehold Services allow you to manage the Assets in your Wallet. This includes receiving Assets from third parties or sending Assets to third parties, buying and selling Assets, and (when available) earning Assets through staking. Freehold Services also include a "fiat on-ramp" allowing you to convert traditional currency (like US dollars) into cryptocurrency. Freehold Services also includes a Discovery feature through which you can discover and explore Assets available from third parties.

The Freehold Wallet is non-custodial; Freehold Wallet users hold their own private keys to access accounts and authorize transactions. As a Freehold Wallet user, you will be provided with two types of custodial options: Custody Assist and Full Self-Custody mode. Custody Assist acts as a backup and safekeeping service in case you lose access to your wallet, while Full Self-Custody mode gives you exclusive control over your private keys.

Custody Assist is provided as a convenience. No digital network can be absolutely fail-safe, and no network that (like ours) permits user access can promise absolute protection against unauthorized access. You will bear ultimate responsibility for saving and safeguarding a backup copy of your private key(s). Realio Technology, LTD will not be responsible for the inability to access Assets or other losses resulting from the User’s loss or disclosure of a private key.

The Freehold Services also allow users to access and view the balances of their Assets. The value of Assets may be stated in currency issued by the central bank of a sovereign country, like US dollars, euros, etc. (collectively, “Fiat Currency”). The Fiat Currency value of Assets as displayed through the Freehold Services, is only an estimate, depending on relevant exchange rates of Fiat Currency and the valuation of Assets, which are constantly changing. Realio Technology, LTD does not warrant, nor does it make any representations as to the accuracy of the Fiat Currency value displayed through Freehold Mobile.

IMPORTANT DISCLAIMERS

Freehold Services are not intended as, and do not provide, any investment or financial advice whatsoever. As with any purchasing, financial, or investment decision, you should conduct your own research and due diligence to properly evaluate the benefits and risks of purchasing or selling any asset or making investment or financial decisions. You should also seek the advice and guidance of qualified accountants, financial advisors, tax advisors, legal counsel, and investment advisors in connection with any purchase or sale of an asset or other financial transaction.

The information presented through the Freehold Services, including any historical prices, reference materials, or reports, does not in any way constitute a general offer or investment advice with respect to the products or services or any other purchase or sale of assets on Freehold. No such information constitutes a recommendation, opinion, endorsement or financial advice of any kind.

Information about non-Freehold Assets viewed through the Discovery feature derives exclusively from third-party sources without any warranty of accuracy. We have conducted no review or investigation of such information; you must exercise caution and do your own investigation before purchasing any Asset you learn about through Discovery.

You agree to be held completely and fully responsible for your decisions. We do not guarantee the completeness or accuracy of the information presented on the Freehold Services, which is drawn from third-party sources, and we will not be liable for any errors in actions taken in reliance thereon, including with respect to the release of any funds.

Freehold Wallet will enable you to access staking services associated with Realio-affiliated Assets (like $RIO, $RST, or $LMX ). When you stake Assets, you will work with the provider of those Assets to understand the terms and benefits of staking and for validating staking transactions on the related blockchain network. Before staking, conduct thorough research and careful analysis to ensure alignment with your financial goals, risk tolerance, and understand the staking process.

By agreeing to this User Agreement, you also agree to the use of email (“Electronic Record”) to send you legally required notices. You may withdraw your consent to use an electronic record by notifying us at [email protected] and indicating your withdrawal of consent, your full name, and postal address. To access and retain a copy of this disclosure or the electronic record in which we send you any legally required notices, you will need (i) a computer with a web browser and Internet access and (ii) either a printer or storage space on such device. To request a paper copy of this disclosure or the electronic record in which we send you any legal required notices, contact us at [email protected] and indicate your request, your full name, and postal address. We will charge you the cost of first-class international mail for each paper copy you request. To update the information we use to contact you electronically, contact us at [email protected] and indicate your full name, your old email address and new email address.

REGISTRATION

Information you provide. In order to use the Freehold Services and create a Wallet, if you are an individual, you must be 18 years of age or older and register with a personal user account. When you register, we will ask you to provide us with your email address and confirm your registration by clicking the confirmation link we will send you (“Registration Information”). Features of Freehold Services are only available to users who have successfully completed the sign-on process.

Use of Freehold Services may not be available to you, in whole or in part, in certain regions, countries, or jurisdictions, in order to comply with certain rules and regulations.

False information. If we believe that the Registration Information you provide is false, deceptive or offensive, or if we believe that you have violated this User Agreement, we reserve the right to suspend or terminate your user account or your access to Freehold.

Additional information. We reserve the right to request additional information to verify your identity during the registration process, throughout your use of Freehold, or when you submit requests related to your Freehold Services Account.

YOUR PRIVACY

We respect your privacy. Our Privacy Policy explains our privacy practices. We encourage you to read it carefully.

ACCEPTABLE AND PROHIBITED USE OF THE FREEHOLD SERVICES

Accepted use. The following terms define the acceptable use of the Freehold Services and the content available therein. By using any Freehold Services, you agree to abide by all applicable laws and to avoid any prohibited use.

Account suspension or revocation. We may suspend or permanently revoke your Freehold Services account if we believe you have violated this User Agreement or exhibit behavior that raises suspicion of criminal activity.

Prohibited use. When using the Freehold Services, you must refrain from –

• Breaching this User Agreement or any other applicable rules and instructions that we may convey with respect to the Freehold Services;

• Interfering with, burdening, or disrupting the functionality of the Freehold Services;

• Breaching the security of the Freehold Services or publicly identifying any security vulnerabilities in it;

• Circumventing or manipulating the operation or functionality of the Freehold Services, or attempting to enable features or functionalities that are otherwise disabled, inaccessible, or undocumented on the Freehold Services;

• Sending automated or machine-generated queries;

• Using robots, crawlers, and similar applications to collect and compile content from the Freehold Services, or send data to the Freehold Services, including for the purposes of competing with Freehold, or in such ways that may impair or disrupt Freehold’s functionality;

• Displaying or embedding content from the Freehold Services, including by any software, feature, gadget, or communication protocol, which alters the content or its design;

• Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;

• Collecting, harvesting, obtaining, or processing personal information regarding Freehold Services users, without their prior explicit written consent;

• Abusing, harassing, threatening, or intimidating other users of the Freehold Services;

• Linking to any part of the Freehold Services from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination;

• Engaging in any activity that constitutes a criminal offense or gives rise to civil liability;

• Transferring your account on the Freehold Services to another person; or

• Violating any applicable law.

FEE-BASED SERVICES

Access to Freehold Services is currently free of charge, but we reserve the right to require payment of fees in the future. If we do so, we will notify you in advance and seek your consent to the payment of the fees. If you do not consent, we may terminate your access to Freehold Services, except for limited access to withdraw Assets from the Freehold Wallet. (See Effects of Termination).A notification of any such change will also appear on Freehold Mobile and on Freehold Web, and the change will become effective a reasonable time thereafter. In addition, from time to time, we may offer you in-app services and features that are subject to payment of fees in accordance with the terms and conditions presented to you at the time of the offer.

Failure to pay for services to which you have agreed will prevent you from further using Freehold Services, notwithstanding any other remedies available to us under the applicable law. In such a case, we may terminate your Freehold Services account and your use of its features.

All fees will be quoted in the default currency you’ve selected, unless expressly stated otherwise.

We will charge you for the applicable fees (if any), as they become due, using the payment method you have selected (“Payment Method”) to a Third-Party Payment Processor (as defined below). By providing your Payment Method to a Third-Party Payment Processor, you represent and warrant that you are lawfully permitted to use the selected Payment Method in connection with your use of Freehold.

We may require additional information from you before completing payment transactions. You must keep the Payment Methods you provided to the Third-Party Payment Processor current, complete, and accurate, and notify us promptly in case of any change in your Payment Method or other details you have provided.

Your Payment Method will be processed and handled through the relevant Third-Party Payment Processors, such as credit card service providers and payment processors like Google, Apple or PayPal (collectively, “Third-Party Payment Processor(s)”). Your Payment Method is, therefore, subject to the terms and conditions of these third parties pursuant to your contractual relations with them.

You acknowledge that the Third-Party Payment Processor processing any of your payments may charge you a commission on their end of the transaction. We are not responsible for such commission, which is strictly within your contractual relations with the relevant Third-Party Payment Processor. We will not be liable for mistakes, errors, malfunctions, or miscalculations that you or a Third-Party Payment Processor might make in the course of a payment transaction.

We may, from time to time, and without specific notice to you, add additional Payment Methods and services to the then-current Payment Methods, or cease to use previously supported Payment Methods.

By registering for Freehold Services and confirming the packages, arrangements and amounts presented to you, you give your consent to be billed for the applicable fees, in addition to any applicable taxes (such as sales tax, value added tax or withholding tax), and any surcharges or commissions charged by the Third-Party Payment Processor via your Payment Method.

All amounts payable to us are exclusive of any excise, sales tax, VAT, withholding tax, or other governmental charges or transaction charges. You are responsible for the payment of all such applicable taxes or charges. In case needed, then promptly following our request, you will provide us with the taxation documentation necessary for processing the fees.

To the maximum extent permitted by applicable law, the fees paid by you are non-refundable. You are responsible for paying all applicable fees, whether or not you have actually accessed or otherwise benefited from your use of Freehold Services. Failure to settle any overdue fees within 30 calendar days of their original due date will constitute a material breach of this User Agreement and may cause us to suspend, disable, or terminate your account, in addition to any other remedies available to us under the applicable law.

We reserve the right to enter into agreements with providers of fee-based Third Party Services whereby we will receive a share of the fees paid by Freehold Services users who subscribe for such services, and to accept such fees with further notice or consent by you.

Subscription-Based Services.

Freehold Services and Third-Party Service Providers may each offer you fee-based services on a subscription basis (any such arrangement referred to as a “Subscription Service”). Subscription Services generally require the subscriber to make periodic payments to continue accessing or using the services, to commit to continuing the subscription over an agreed-upon term, and to elect to renew or not renew the subscription on an annual or similar basis. Your subscription may automatically renew if you do not elect otherwise on a timely basis. You agree and acknowledge that if you subscribe for any Subscription Service you will bound by the terms and conditions described at the time of subscription, which will state the term of any commitment and the fee schedule, and which may or may not provide limited cancellation or refund rights, service-level commitments and other rights and obligations. You will be exclusively responsible for requesting, considering and acting on such information.

You are responsible for all transactions (one-time, recurring, and refunds) processed through Freehold Mobile or Freehold Web by a Third-Party Payment Processor. Realio shall not be liable for any loss or damage resulting from any wrong or invalid transactions processed for you by a Third-Party Payment Processor.

INTELLECTUAL PROPERTY

Our intellectual property. All rights, title, and interest in and to Freehold Services, including without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, are the exclusive property of Realio and its affiliates and licensors.

Restrictions. You may not copy, reverse engineer, modify, or create derivative works of the intellectual property of Realio and its affiliates and licensors.

You may not use any name, mark, logo, or domain name that is confusingly similar to our marks, logos or Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill.

APPLICATION MARKETPLACE

Your use of Freehold Mobile may be subject to additional third-party terms and conditions that govern that application marketplace from which you downloaded Freehold Mobile, such as iTunes, Google Play or Amazon App-store for Android. Such third parties are not responsible for providing maintenance and support services with respect to Freehold Mobile or your Wallet.

Users of Freehold Mobile on Apple Devices. The following terms apply if you downloaded an App from Apple’s App Store. You agree and acknowledge as follows:

This User Agreement is concluded between you and us, and not with Apple Inc. (“Apple”). Apple is not responsible for the App. In the event of a conflict between this User Agreement and the App Store Terms of Service then the App Store Terms of Service will prevail, solely with respect to the conflicting provisions.

The license granted to you for the App is limited to a non-transferable license to use the App on any iOS Products that you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing.

In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple’s responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App 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 App or your possession and use of the App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such infringement claim.

You must comply with applicable third-party terms of agreement when using the App (e.g. you must not be in violation of your wireless data Services agreement when you use the App).

Apple and Apple’s subsidiaries are third-party beneficiaries of this User Agreement. Upon your acceptance of this User Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this User Agreement against you as a third-party beneficiary thereof. 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.

You may also choose to access Third-Party Services through the Freehold Services or to grant permission to Third-Party Services providers to access your Freehold Services account. Any such permissions you may grant do not require our knowledge or need for approval, and we do not have any control over it.

We may enter into arrangements with providers of Third-Party Services to offer their services to you through the Freehold Services with our cooperation (“Sponsored Services”). We may receive a fee when you use the Sponsored Services through the Freehold Services. As used in this User Agreement, the term “Third-Party Services” includes any Sponsored Services.

The following terms apply to Third-Party Services, including Sponsored Services.

• Third-Party Services will always be offered by their respective third-party providers, who will have exclusive responsibility with respect to the terms and conditions of such services and any related agreements or understandings with you. If you encounter any problem with a Third-Party Service or if you have any complaint about them, you should address it only to the relevant third-party provider. We do not control the Third-Party Services, their providers, their attributes, privacy practices, terms of use or any other aspect of their operation. We therefore assume no responsibility for any outcome of their use

• Use of Third-Party Services is governed by their providers’ respective terms of service, not by this User Agreement.

• The responsibilities, obligations, and liabilities of Third-Party Services are as indicated in their respective terms of service, and we are not responsible for any service provided by a third-party provider, even if provided through cooperation with Freehold Services.

• When you use Third-Party Services, you bear the sole and exclusive responsibility for accepting and complying with the related terms of service, fees, and charges.

• If you choose to access Third-Party Services through Freehold Services, or grant permission to Third-Party Services to access your Freehold Services, whether we have or have not cooperated in the offering of such services, you acknowledge that you are fully and solely responsible for all acts or omissions and assume all risk arising from the use of the Third-Party Services. Freehold Services provides access to the Third-Party Services only as a convenience and does not warrant or control, endorse, approve, support, or adopt any Third-Party Service. We make no warranties or representations, express or implied, about the Third-Party Services (including Sponsored Services), and we are not responsible for their availability, operation, support, or legitimacy.

TERMINATION

Terminating your account. You may, at any time, request to terminate your Freehold Services account by submitting a form to: https://support.realio.network/hc/en-us/requests/new?ticket_form_id=34562640032795

Upon termination of this User Agreement or your Freehold Services account, your right to use Freehold Services is terminated, and you must immediately cease using Freehold.

Effects of Termination. Upon termination by you or by us, your user account will be cancelled. For a reasonable period after cancellation, you will have limited access to your Freehold Wallet for the sole purpose of transferring out the remaining Assets in accordance with instructions provided at that time.

If you have consented to subscription fees or other recurring payments, your obligation to make such payments ceases when your account is terminated. You may be subject to normal transaction fees when moving assets out of your Freehold Wallet after termination. If you terminate your own account, or your account is terminated for violation of this User Agreement or for criminal or suspicious activity, you will not be entitled to a return of any portion of prepaid subscription or service fees applicable to periods after the termination.

Terminating the operation of Freehold Services. We may at any time discontinue or terminate the operation of Freehold Services, or any part of them, temporarily or permanently, for all users, or for certain users, without any liability to you.

Termination at our Discretion. We reserve the right to terminate any account at any time for any reason or no reason. If we terminate your account on our own accord and not as a result of your violation of this User Agreement or for criminal or suspicious activity, we will notify you in advance before such termination.

Termination for Violation of this User Agreement. If you engage in Prohibited Uses as described above, or otherwise violate this User Agreement, we may terminate your account without advance notice.

Termination for Criminal or Suspicious Activity. If a government agency has informed us that your Freehold Services account is associated with criminal activity, including receipt of stolen assets, money-laundering, or support of terrorism, or if evidence of such activity has come to our attention, we may terminate your account without advance notice. We will be required to cooperate with government authorities and may be unable to return Assets in the Freehold Wallet to you without their permission.

Retention of Records. Except as may be required by law, we do not undertake to store or provide access to your account records after termination. You will have access to account records during any notice period for termination and for a brief time thereafter. We reserve the right to retain any and all account records indefinitely for our internal use, subject to our Privacy Policy, and to purge records regularly when permitted by law and our internal policies.

CHANGES AND AVAILABILITY

Changes to Freehold Services. We may, at any time and without prior notice, change the layout, design, scope, features, or availability of Freehold Services. We may also remove User Content if we deem it necessary for operational reasons.

Availability. The availability, functioning, quality, and functionality of Freehold Services depend on various factors, including software, hardware, and communication networks that are provided by third parties, at their own responsibility. These factors are not fault-free, and availability may be interrupted.

Changing this User Agreement. We may revise this User Agreement, in whole or in part, at any time. Upon significant changes, we will make efforts to proactively notify you of the changes at a reasonable time in advance of the effective date of the amended User Agreement. Your continued use of Freehold Services, you have been notified of the effective date of the amended Terms constitutes your consent to the amended Terms.

DISCLAIMER OF WARRANTY

Freehold Services are provided on an “as is” and “as available” basis, with all faults. We and our officers, directors, shareholders, employees, sub-contractors, agents and affiliates (“Staff”) disclaim all warranties and representations, either express, implied, statutory or otherwise, with respect to Freehold Services, its content, whether provided or owned by us or by any third party, the third-party services, the sponsored services, the fees (including subscription fees), and including, without limitation, any warranties of merchantability, and fitness for a particular purpose, quality, non-infringement, title, compatibility, performance, security, accuracy, enhanced goodwill or expected benefits.

We do not warrant that (1) Freehold Services will operate uninterruptedly, error-free or will meet your requirements or expectations in any way; (2) Freehold Services will always be available or free from malware, computer viruses or other harmful components; (3) the quality of Freehold Services, and the content available through it, will meet your expectations; (4) the content presented on Freehold Services will be accurate, beneficial or reliable; or (5) the results of using Freehold Services will be satisfactory and will fit your expectations or requirements.

No representation or other affirmation of fact, including statements regarding capacity, suitability for use or performance of Freehold Services, or the content presented on, or through, Freehold Services, whether or not made by any of our Staff, which is not expressly contained in this User Agreement, shall be deemed to be a warranty by the involved persons for any purpose, or give rise to any liability of our Staff whatsoever.

You agree and acknowledge that the use of Freehold Services is entirely, or at the maximum permitted by the applicable law, at your own risk.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, we and our Staff, shall not be liable, for any indirect, special, punitive, exemplary, statutory, incidental or consequential damage, or any similar damage or loss (including loss of profit and loss of data), costs, expenses and payments, either in tort (including negligence), contract, or in any other form or theory of liability, arising from, or in connection with the content, Third-Party Services (including Sponsored Services), the fees (including subscription fees), the use of, or the inability to use Freehold Services or its features, or from any failure, error, or breakdown in the function of Freehold Services, or from any fault, or error made by our Staff, or from your reliance on content available on Freehold Services, or from any communication through Freehold Services, or with other users on Freehold Services, or from any denial or cancelation of your user account, or from retention, deletion, disclosure and any other use or loss of your content on Freehold Services, or any bugs, viruses, Trojan horses, or the like that are found in Freehold Mobile, Freehold Web or the related network, or that may be transmitted to or through Freehold Services by any third party.

In any event, to the maximum extent permitted by applicable law, our total, maximum, and aggregate liability to you for direct damages shall be limited to half the fees you paid us (if any) in the twelve months preceding the event purportedly giving rise to the claim.

Notwithstanding anything herein to the contrary, we will be fully released from our obligations and liability to you if you have breached these terms, any other terms, rules or regulations applicable to freehold, or if through your use of freehold, you infringed or violated any other person’s rights.

INDEMNIFICATION

To the maximum extent permitted by law, you will indemnify and hold harmless, at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand, connected with your use of Freehold Services, your breach of this User Agreement or infringement of any other person’s rights.

GOVERNING LAW, JURISDICTION

This User Agreement, and your access to and use of the Freehold Services shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to any conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts located in New York City. Notwithstanding anything contained in this User Agreement, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Freehold Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law. If any term, clause or provision of this User Agreement is held invalid or unenforceable, then that term, clause or provision will be severable from this User Agreement and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of this User Agreement. This User Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. Our failure to assert any right or provision under this User Agreement shall not constitute a waiver of such right or provision. Except as otherwise provided herein, this User Agreement is intended solely for the benefit of Freehold and you and shall not confer third-party beneficiary rights upon any other person or entity.

DISPUTE RESOLUTION; WAIVER OF CLASS ACTION; ARBITRATION AGREEMENT

Please carefully read the following arbitration agreement (“Arbitration Agreement”). It requires you to arbitrate disputes with Realio and limits the manner in which you can seek relief from us.

• Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access to the Freehold Wallet or any other Freehold Services, and any other assets or products sold or distributed through the Services, or to any aspect of your relationship with Freehold Services and its provider, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or Realio may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this User Agreement or any prior version of this Agreement.
• Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to us at the contact information provided at [email protected]. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Realio will pay them for you. In addition, we will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this User Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
• Waiver of Jury Trial. You and Realio hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and we are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Sub-Section A above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
• Waiver of Class or Other Non-Individualized Relief. All disputes, claims, and requests for relief within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class or collective basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other disputes, claims, or requests for relief shall be arbitrated.
• 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the contact information provided at [email protected] within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your user name (if any), the email address or wallet address you used to access the Freehold Services (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this User Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
• Severability. Except for the special severance provision provided in the first paragraph of Subsection E, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
• Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with us.
• Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing us at the contact information provided at [email protected] and expressly opting out of this Arbitration Agreement.

GENERAL

Assignment. You may not assign or transfer your rights and obligations under this User Agreement without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.

Changes in ownership. In the event of a merger or acquisition, we may, upon notice to you and without obtaining your consent, assign and delegate our rights and obligations under this User Agreement to a third party, including all of our rights, performances, duties, liabilities, and obligations contained herein.

Severability. If any provision of this User Agreement is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of this User Agreement shall continue to remain in full force and effect.

Interpretation. The section headings in this User Agreement are included for convenience only and shall take no part in the interpretation or construing of this User Agreement. Whenever used in this User Agreement, the term “Including”, whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

Entire agreement. This User Agreement constitutes the entire agreement between you and us concerning the subject matter herein and supersedes all prior and contemporaneous negotiations and oral representations, agreements, and statements.

Waivers. No waiver, concession, extension, representation, alteration, addition or derogation from this User Agreement by us, or pursuant to this User Agreement, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in this User Agreement shall not constitute a waiver of any of our rights under this User Agreement.

Relationship. This User Agreement do not create any agency, partnership, employment or fiduciary relationship between you and us.