Terms and Conditions
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SCHEDULE B. PLEASE READ THE AGREEMENT CAREFULLY.
1. ACCEPTANCE OF TERMS
CoinFantasy.io ("CoinFantasy", "we," "us" or "our") provides an experimental protocol comprising a set of smart contracts (the "CoinFantasy Protocol") that enables any user to engage with Crypto Financial Markets via Fantasy and Gamification using Non-Fungible Tokens and Coins, using their skill, research and understanding of Crypto-Financial Markets get favourable and unfavourable outcomes.
In no circumstances shall the Site, the App or the Services be utilised for distributing Content relating to: (a) investment products, financial transactions or payment services, (b) gambling, lottery, sweepstakes or contests, (c) racism, (d) violence and weapons, (e) self-harm, (f) nudity, pornography or sexual services, (g) illegal substances, (h) terrorism (i) emergency calling or messaging to any emergency services personnel or public safety answering points or (j) malicious programs, viruses, Trojan horses and worms.
2. MODIFICATIONS TO TERMS OF SERVICE / USE
COINFANTASY reserves the right, at its sole discretion, to modify or replace these Terms at any time, including the Schedules hereto. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you after any modification to these Terms constitutes your acceptance of these Terms as modified.
You hereby represent and warrant that:
- (a) you are of the legal age of majority in your jurisdiction as is required to access such Services and Content and enter into arrangements as provided by the Services;
- (b) (in the case of a corporation) you are duly incorporated and in good standing under the laws of your jurisdiction of incorporation;
- (c) you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms;
- (d) the execution and performance of these Terms shall not violate or conflict with the terms or conditions of any other agreement to which you are a party or by which you are bound;
- (e) you have the right, power, and authority to enter into these terms, grant the rights granted by it herein, and perform your obligations without the consent or approval of any third party or governmental or regulatory authority;
- (f) you are legally permitted to use the service in your jurisdiction including owning cryptographic tokens of value, and interacting with the Services or Content in any way;
- (g) you are responsible for ensuring compliance with the laws of all applicable jurisdictions at your own expense (including without limitation all intellectual property, data protection and privacy laws) and acknowledge that COINFANTASY is not liable for your failure to comply with such laws. COINFANTASY reserves the right to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request;
- (h) you have not relied and shall not rely upon COINFANTASY for legal advice regarding your compliance with applicable law; and
- (i) you and your financial institutions, or any party that owns or controls you or your financial institutions, are (i) not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the United Nations Security Council, the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority and (ii) not located in any country to which the United States has embargoed goods or has otherwise applied any sanctions.
4. ACCOUNT RELATED, PASSWORD AND SECURITY
When setting up an account within COINFANTASY, you will be responsible for keeping your own account secrets, which may be a seed phrase with a number of secret words, an account file, or other locally stored secret information or any other information associated with the account. COINFANTASY encrypts this information locally with a password you provide, and it's never accessible to us or our servers. You agree to (a) never use the same password for COINFANTASY that you have ever used outside of this service, (b) keep your secret information and password confidential and do not share them with anyone else, CoinFantasy is not responsible for misplace of wallet passwords and (c) immediately notify COINFANTASY of any unauthorized use of your account or breach of security. COINFANTASY cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. CODE OF CONDUCT
While using the Site, the App or the Services you agree not to:
- (a) restrict or inhibit any other user from using the Site, the App, the Services or the Content, including without limitation, by means of "hacking" or defacing any portion of the Site or the App;
- (b) use the Site, the App, the Services or Content for any unlawful purpose or in any manner not intended by Company or as contemplated herein and on the Site or the App;
- (c) engage in rude, unlawful, harassing, vulgar, obscene, hateful, threatening, abusive or otherwise objectionable behavior;
- (d) institute an attack upon any server used in connection with the Site or the App or any portion thereof or otherwise attempt to disrupt such servers;
- (e) express or imply that any statements you make are endorsed by COINFANTASY, without our prior express written consent;
- (f) knowingly transmit: (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) any material, non-public information about companies without the authorization to do so; (iii) any trade secret of any third party; or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;
- (g) engage in spamming or flooding;
- (h) transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- (i) modify, adapt, sublicense, translate, reverse engineer, decompile or disassemble all or any portion of the Site or the App;
- (j) remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Site or the App;
- (k) link the Site or the App or any Content thereon to any third party website or portion thereof;
- (l) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Site or the App or its contents; or
- (m) harvest or collect information about users of the Site or the App without their express consent.
6. DISCLAIMERS AND ASSOCIATED RISKS
6.1 RISK OF CRYPTOGRAPHIC SYSTEMS
By utilizing the Services or interacting with the Content or platform in any way, you represent that you understand the inherent risks associated with cryptographic systems; and warrant that you have an understanding of the usage and intricacies of native cryptographic tokens such as Ether (ETH) and Bitcoin (BTC), smart contract based tokens such as those that follow an Ethereum token standard (e.g. github.com/ethereum/EIPs/issues/20), and blockchain-based software systems.
6.2 RISK OF REGULATORY ACTIONS
COINFANTASY and any supported cryptographic token and blockchain could be impacted by one or more regulatory inquiries or regulatory action, which could impede or limit the ability of COINFANTASY to continue to develop, or which could impede or limit your ability to access or use the Services or the underlying blockchain network.
6.3 WARRANTY DISCLAIMER
You expressly understand and agree that your use of the Services is at your sole risk. The Services (including the Site, the App and the Content) are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non- infringement. You acknowledge that COINFANTASY has no control over, and no duty to take any action regarding: which users gain access to or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release COINFANTASY from all liability for you having acquired or not acquired Content through the Services. COINFANTASY makes no representations concerning any Content contained in or accessed through the Services, and COINFANTASY will not be responsible or liable for the accuracy, copyright compliance, compliance with data protection laws, legality or decency of material contained in or accessed through the Services.
We do not represent or warrant that access to the Services will be continuous, uninterrupted, timely or secure. You acknowledge and accept that the Services (a) may contain bugs, errors and defects, (b) may behave improperly or be subject to periods of downtime and unavailability, (c) may result in total or partial loss or corruption of data and (d) may be modified at any time, including through the release of subsequent versions, all with or without notice to you.
You acknowledge that COINFANTASY is not responsible for transferring, safeguarding, or maintaining your private keys or any digital currency associated therewith. If you lose, mishandle or have stolen associated digital currency private keys, you acknowledge that you may not be able to recover associated digital currency, and that COINFANTASY is not responsible for such loss. You acknowledge that COINFANTASY is not responsible for any loss, damage or liability arising from your failure to comply with these Terms hereunder.
The site, the app and the services are provided by coinfantasy (and its licensors and suppliers) on an "As-is" basis, without warranties or any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, that use of the services will be uninterrupted or error-free, or the security associated use of, or transmission of information through, the services. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. You assume all responsibility and risk for your use of the site, the app, and the services, and your reliance thereon. No opinion, advice or statement of coinfantasy or its affiliates, licensors, customers, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the site, the app, or in connection with the services or otherwise, shall create any warranty. Your use of the site, the app and the services are entirely at your own risk. There is a risk that the Site or the App could include inaccuracies or errors. Additionally, a possibility exists that unauthorised alterations could be made by third parties to the Site or the App.Although we attempt to maintain and ensure the integrity of the Site and the App, we make no guarantees as to the completeness or correctness or the Site or the App.
6.4 RISK OF EXPLOITS AND WEAKNESSES IN CRYPTOGRAPHY FIELD
You acknowledge and understand that Cryptography is a progressing field. Advances in code cracking or technical advances such as the development of quantum computers may present risks to cryptocurrencies and Services of Content, which could result in the theft or loss of your cryptographic tokens or property. To the extent possible, COINFANTASY intends to update the protocol underlying Services to account for any advances in cryptography and to incorporate additional security measures, but does not guarantee or otherwise represent full security of the system. By using the Services or accessing Content, you acknowledge these inherent risks.
6.5 CRYPTOCURRENCY AND VOLATILITY
You understand that Ethereum and other blockchain technologies and associated cryptographic tokens are highly volatile due to many factors including but not limited to adoption, speculation, technology and security risks. You also acknowledge that the cost of transacting on such technologies is variable and may increase at any time causing impact to any activities taking place on the blockchain network. You acknowledge these risks and agree that COINFANTASY cannot be held liable for such fluctuations or increased costs.
6.6 APPLICATION SECURITY
You further acknowledge that blockchain applications are code subject to flaws and acknowledge that you are solely responsible for evaluating any code provided by the Services or Content and the trustworthiness of any third-party websites, products, smart-contracts, or Content you access or use through the Services. You further expressly acknowledge and represent that blockchain applications can be written maliciously or negligently, that COINFANTASY cannot be held liable for your interaction with such applications and that such applications may cause the loss of property or even identity. This warning and others later provided by COINFANTASY in no way evidence or represent an on-going duty to alert you to all of the potential risks of utilizing the Services or Content.
6.7 AFFILIATED SERVICE / THIRD PARTY SERVICE
Service Providers may charge you a fee for use of, or access to, such Additional Services. You acknowledge that COINFANTASY may earn fees from Service Providers in connection with your use of such Additional Services.
You agree that COINFANTASY and its affiliates are not in any way associated with the owner or operator of any Third Party Services or responsible or liable for the software and services offered by them or for anything in connection with such Third Party Services. COINFANTASY does not endorse or approve and makes no warranties, representations or undertakings relating to the software, service or content of any Third Party Services.
In addition, COINFANTASY disclaims liability for any loss, damage and any other consequence resulting directly or indirectly from or relating to your use or access of Third Party Services or any information that you may provide or any transaction conducted with or through the Third Party Services or the failure of any information, software or services posted or offered by such Service Providers or any error, omission or misrepresentation by such Service Providers or any computer virus arising from or system failure associated with the Third Party Services.
In the event of any inconsistency between the terms herein and the terms of the Additional Services, the terms herein will prevail
6.8 COINFANTASY NOT LIABLE
- (a) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems;
- (b) that result from any voluntary actions or inactions from you or any third party (including without limitation capacity scaling issues, misconfiguration of settings or credentials, disabling encryption keys or making the encryption keys inaccessible etc.);
- (c) that result from you not following any best/industry practices or standards as notified to you;
- (d) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or
- (e) arising from our suspension or termination of your right to use the Site, the App or the Service in accordance with these Terms.
6.9 SENSITIVE DATA
Sensitive Data (as defined below) will not be provided to COINFANTASY at any time and without prejudice to the generality of any of the provisions in these Terms, COINFANTASY will have no liability whatsoever for Sensitive Data, whether in connection with a security incident or otherwise. For purposes of these Terms, "Sensitive Data" means (a) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof), (b) credit or debit card number, (c) employment, financial, genetic, biometric or health information, (d) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation, (e) account passwords, (f) date of birth, (g) criminal history, (h) mother’s maiden name or (i) any other information or combinations of information that is deemed sensitive or private under the legal framework of any applicable jurisdiction.
7. INTELLECTUAL PROPERTY
7.1 OWNERSHIP AND INTELLECTUAL PROPERTY
All title, ownership and intellectual property rights in and to the Site, the App and the Services are owned by COINFANTASY or its licensors. You acknowledge and agree that the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by COINFANTASY in writing, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Site, the App or the Services, in whole or in part.
7.2 Limited And Revocable License
We grant you limited, non-exclusive, non-transferrable, revocable permission to make use of the Site, the App and the Services (collectively, "Access"). This Access shall remain in effect until and unless terminated by you or us. You promise and agree that you will not rent, redistribute, disclose, publish, sell, assign, lease, sublicense, market or transfer the Services.
The COINFANTASY software application, including without limitation the Site, the App and the Services, are not sold or transferred to you, and COINFANTASY and its licensors retain ownership of all copies of the software applications even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers and/or other devices ("Devices").
All COINFANTASY trademarks, service marks, trade names, logos, domain names, and any other features of the COINFANTASY brand (“COINFANTASY Brand Features”) are the sole property of COINFANTASY or its licensors. The Terms do not grant you any rights to use any COINFANTASY Brand Features whether for commercial or non-commercial use.
You agree to abide by our user guidelines and not to use the Services or any part thereof in any manner not expressly permitted by these Terms. Except for the rights expressly granted to you in these Terms, COINFANTASY grants no right, title, or interest to you in the Site, the App or the Services.
Third party software (for example, open source software libraries) included in the Services are made available to you under the relevant third party software library’s license terms.
Notwithstanding anything herein to the contrary, nothing in these Terms entitle you to copy, modify, fork, merge, combine with another program or create a derivative work of the Services, including without limitation the Site and the App.
By displaying, publishing or distributing Content via the Site, the App or the Services, you hereby grant to COINFANTASY an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content via the Site or the App. From time to time, we may remove Content from the Site or the App, permanently or temporarily.
You represent and warrant that: (a) you own the Content displayed, published or distributed via the Site, the App or the Services, or otherwise have the right to grant the licenses set forth above, and (b) the display, publishing or distribution of your Content on or through the Site, the App or the Services does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any Content displayed published or distributed by you.
The Services provide, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because COINFANTASY has no control over such sites, applications and resources, you acknowledge and agree that COINFANTASY is not responsible for the availability of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that COINFANTASY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to release and to indemnify, defend and hold harmless COINFANTASY and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from:
- (a) your use of the Site, App or Services;
- (b) your breach of these Terms;
- (c) any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy.
COINFANTASY reserves the right, at its own expense, to assume exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with COINFANTASY in the defence of such matter.
10. LIMITATION ON LIABILITY
You acknowledge and agree that you assume full responsibility for your use of The site, the app and the services. You acknowledge and agree that any Information you send or receive during your use of the site, the app and the Services may not be secure and may be intercepted or later acquired by Unauthorized parties. You acknowledge and agree that your use of the site, the App and the services is at your own risk. Recognizing such, you understand and Agree that, to the fullest extent permitted by applicable law, neither coinfantasy Nor its suppliers or licensors will be liable to you for any direct, indirect, Incidental, special, consequential, punitive, exemplary or other damages of any Kind, including without limitation damages for loss of profits, goodwill, use, Data or other tangible or intangible losses or any other damages based on Contract, tort, strict liability or any other theory (even if coinfantasy had been Advised of the possibility of such damages), resulting from the site, the app or Services; the use or the inability to use the site, the app or the services; Unauthorized access to or alteration of your transmissions or data; statements Or conduct of any third party on the site, the app or the services; any actions we Take or fail to take as a result of communications you send to us; human errors; Technical malfunctions; failures, including public utility or telephone outages; Omissions, interruptions, latency, deletions or defects of any device or network, Providers, or software (including, but not limited to, those that do not permit Participation in the services); any injury or damage to computer equipment; Inability to fully access the site, the app or the services or any other website; Theft, tampering, destruction, or unauthorized access to, Images or other Content of any kind; data that is processed late or incorrectly or is incomplete Or lost; typographical, printing or other errors, or any combination thereof; or Any other matter relating to the site, the app or any other aspect of the services.
Some jurisdictions do not allow the exclusion of certain warranties or the Limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
11. NO OTHER BENEFICARY (THIRD PARTY)
You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.
12. TERMINATION AND SUSPENSION
COINFANTASY may terminate or suspend all or part of the Services and your COINFANTASY access immediately, without prior notice or liability, if you breach any of the provisions of these Terms, or in the event of any adverse change of regulatory environment. Upon termination of your access, your right to use the Services will immediately cease.
The following provisions of these Terms survive any termination of these Terms: WARRANTY DISCLAIMERS; OWNERSHIP AND INTELLECTUAL PROPERTY; LINKS; INDEMNITY; LIMITATION ON LIABILITY; NO OTHER BENEFICARY (THIRD PARTY); TERMINATION; GENERAL INFORMATION (Schedule A); BINDING ARBITRATION AND CLASS ACTION WAIVER (Schedule B).
13. NOTICE AND PROCEDURE FOR MAKING CLAIMS
If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide COINFANTASY a written Notice containing the following information:
- An electronic (or) physical signature of the person authorized to act on behalf of the owner (or) the owner themselves of the copyright or other intellectual property interest.
- A detailed description of the copyrighted work in question or the intellectual property that you claim has been infringed.
- A detailed description of where the material that you claim is infringing and where it is located on the Services.
- Your address, Phone Number, and Email.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
The above information should be sent to: firstname.lastname@example.org
1. ENTIRE AGREEMENT
These Terms (and any additional terms, rules and conditions of participation that COINFANTASY may post on the Services) constitute the entire agreement between you and COINFANTASY with respect to the Services and supersedes any prior agreements, oral or written, between you and COINFANTASY. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over these Terms to the extent of the conflict. These Terms (and any additional terms, rules and conditions of participation that COINFANTASY may post on the Services) constitute the entire agreement between you and COINFANTASY with respect to the Services and supersedes any prior agreements, oral or written, between you and COINFANTASY. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over these Terms to the extent of the conflict.
2. WAIVER AND SEVERABILITY
The failure of COINFANTASY to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
3. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section subject in these Terms are only for your convenience and have no legal or contractual effect.
BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
1. Initial Dispute Resolution
The parties shall use their best efforts to engage directly to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating an arbitration or lawsuit.
2. BINDING ARBITRATION
If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the provisions set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration.
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. These Terms are governed by and will be construed under the laws of Singapore, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Singapore, in English, in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (the "Rules") for the time being in force, which rules are deemed to be incorporated by reference in this Section, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of arbitrators in accordance with such Rules. The seat of the arbitration shall be Singapore.
Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Despite the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in Singapore. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND COINFANTASY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION
3. CLASS ACTION WAIVER
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND COINFANTASY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.