These Terms and Conditions (the “Agreement”) govern the business relationship between Dream in Stream – Series 161 LLC, with registered address at 159 N. Wolcott St., Suite 133, Casper, Wyoming 82601, United States (hereinafter, “Dream in Stream”, “the Provider”, “we”, or “our”), and the client retaining our services (hereinafter, the “Client” or “you”).
By submitting a request for services, signing a proposal, approving a Statement of Work (“SOW”), or otherwise engaging Dream in Stream, the Client acknowledges that they have read, understood, and agree to be legally bound by this Agreement.
Dream in Stream provides strategic consulting, digital advisory, training and development, business transformation support, growth optimization, executive enablement, and related digital services (collectively, the “Services”).
The exact scope, deliverables, deadlines, pricing, milestones, and responsibilities will be defined in one or more written proposals, offers, or Statements of Work delivered by Dream in Stream and accepted by the Client (each, an “Proposal” or “SOW”).
In the event of any conflict between an SOW and this Agreement, the SOW will prevail for that specific project only.
This Agreement enters into force on the date of acceptance by the Client (the “Effective Date”) and will remain in force until all obligations have been fulfilled, unless terminated earlier under Section 12 (Termination).
Each individual SOW may define its own timeline, phases, or renewal terms.
The Client agrees to:
Dream in Stream is not responsible for delays, additional costs, or reduced quality of outcome caused by incomplete information, delayed approvals, or lack of collaboration by the Client.
The Client agrees to pay Dream in Stream the fees specified in the applicable SOW or Proposal. Unless otherwise stated:
Any request by the Client that materially changes the agreed scope (including, but not limited to, new features, additional consulting areas, acceleration of timelines, or additional training sessions) will be treated as a “Change Request.”
Dream in Stream will evaluate the Change Request and, if accepted, will provide revised fees, timing, and deliverables in writing. No out-of-scope work will begin without written approval.
All processes, frameworks, methodologies, tools, templates, training materials, software, documents, know-how, designs, and other intellectual property developed or owned by Dream in Stream prior to, or independently of, the engagement (“Provider IP”) remain the exclusive property of Dream in Stream.
Unless otherwise specified in the SOW, upon full and final payment of all fees due, Dream in Stream grants the Client a non-exclusive, non-transferable, worldwide, royalty-free license to use the final deliverables created specifically for the Client’s internal business purposes (“Deliverables”).
This license does not include the right to resell, sublicense, publicly distribute, or create derivative works for commercial sale unless expressly authorized in writing.
Unless otherwise agreed in writing, Dream in Stream may reference the Client’s name, logo, and high-level project description (excluding confidential details) in its portfolio, case studies, presentations, and marketing materials for the purpose of illustrating experience and capabilities.
Both parties agree to keep confidential any non-public, proprietary, or sensitive information disclosed by the other party, whether in written, oral, visual, or electronic form (“Confidential Information”).
Each party agrees to:
Confidentiality obligations do not apply to information that is or becomes public without breach, was already lawfully known, is independently developed without reference, or is required to be disclosed by law, subpoena, or court order.
Dream in Stream represents and warrants that it will deliver the Services in a professional and workmanlike manner, consistent with generally accepted industry standards.
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT OR IN AN SOW, DREAM IN STREAM MAKES NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
The Client acknowledges that strategic, advisory, and consulting services inherently involve judgment calls, market assumptions, and business risk. Dream in Stream does not guarantee any specific financial, operational, or commercial outcome.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DREAM IN STREAM’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, ANY SOW, OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO DREAM IN STREAM FOR THE SPECIFIC SOW GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
Nothing in this Agreement limits liability for willful misconduct, fraud, or any other liability that cannot legally be excluded or limited.
Dream in Stream acts as an independent contractor. Nothing in this Agreement will be construed as creating a partnership, joint venture, employment relationship, or agency relationship between the parties.
The Client has no authority to bind Dream in Stream, and Dream in Stream has no authority to bind the Client, unless expressly authorized in writing.
Either party may terminate this Agreement or any active SOW:
During the term of this Agreement and for a period of twelve (12) months following its termination, the Client agrees not to directly solicit for employment or contract any employee, principal consultant, or key subcontractor of Dream in Stream who was materially involved in the performance of the Services, without prior written consent from Dream in Stream.
This Agreement is governed by and will be construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict-of-law principles.
Any dispute, claim, or controversy arising out of or relating to this Agreement, any SOW, or the Services will first be addressed through good-faith negotiation between the parties’ designated representatives.
If no resolution is reached, the dispute will be submitted to binding arbitration in Natrona County, Wyoming, United States, conducted in English, before a single arbitrator. The arbitration award may be enforced in any court of competent jurisdiction.
This Agreement, together with any applicable SOWs or Proposals, constitutes the entire agreement between the parties and supersedes all prior communications, understandings, or agreements, whether written or oral, relating to the same subject matter.
Any amendment or modification must be in writing and signed or otherwise clearly approved (including electronically) by both parties.
The Client may not assign, transfer, or delegate this Agreement or any SOW, in whole or in part, without the prior written consent of Dream in Stream. Dream in Stream may assign this Agreement to an affiliate, successor, or acquirer of substantially all of its assets or business.
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be interpreted, limited, or reformed to the minimum extent necessary to be valid and enforceable.
All formal notices under this Agreement must be in writing and sent to the addresses below, or to any updated address provided in writing by either party:
Dream in Stream – Series 161 LLC
159 N. Wolcott St., Suite 133
Casper, Wyoming 82601
United States
Notices will be considered delivered: (i) when sent by a recognized international courier service with tracking; (ii) when sent by certified or registered mail, return receipt requested; or (iii) when sent by email to an authorized representative, with confirmation of receipt.
Last updated: 01/11/2025