GAME Program Terms and Conditions
Last updated on May 05, 2025
You the User agrees to be governed and bound by the GAME Program ("GAMEPG") Terms and Conditions hereby referred to as "GAMETC" when creating/minting/buying and closing/redeeming/selling a Synthetic Non-Fungible Token ("SNFT") on www.swap.game ("Website") created by GAMEPG. If you do not agree to be bound by the terms laid out in the GAMETC please exit the Website now and do not engage in any action, or interaction with our website or GAMEPG or any Smart Contracts connected to GAME, built by GAME, or owned by GAME.
If You, the User are not of legal age in your home state/country/jurisdiction of residence, or you are not eighteen (18) years old of age at the minimum, to engage in contractual agreements that involve risk, loss of monetary funds, loss of perceived value in fiat terms, and you cannot intellectually understand the risks involved with the GAMEPG or the content contained within this legal document the GAMETC, then please exit the Website now, and do not engage in any action, or interaction with our Website or Programs/Smart Contracts. GAMEPG is not available to persons or entities who reside in, are located in, are incorporated in, or have a registered office in any of the following jurisdictions Afghanistan, Central African Republic, Guinea, Iran, Lebanon, Myanmar, Russian Federation, Western Sahara, Belarus, Congo, Cuba, Guinea-Bissau, Haiti, Iraq, Libya, Nicaragua, Somalia, Syrian Arab Republic, Yemen, Burundi, Democratic People's Republic of Korea, Mali, Palestine, Sudan, South Sudan, Sri Lanka, Syria, Venezuela, Zimbabwe.
1. SNFT Definition and Usage
A Synthetic Non-Fungible Token (SNFT) constitutes a contractual agreement between the User and GAME, that involves the User and GAME agreeing to have a Synthetic Non-Fungible Token (SNFT) created by GAME, solely confined to being permitted to redeem only within the GAMEPG for $GAME token. The SNFT being created/minted and redeemed is a swap contract between SNFT Owner and GAME that involves collateral being held in the Treasury Account on Solana in the form of $GAME token to ensure full payout. An SNFT can only be redeemed for $GAME token and no other form of monetary value. An SNFT can always be redeemed for the underlying value of $GAME token as long as the market/asset correlated to the SNFT is open and not closed.
2. Trading Process
Trading is engaged by sending/transferring $GAME token into the GAMEPG to create an SNFT. The User must decide if they want to Buy(long) or Sell (short) and send $GAME to the GAMEPG to create/mint an SNFT. Once the SNFT is created it will be automatically sent to the Users Solana Account they sent the $GAME token from.
3. Price Determination
An SNFT is a Derivatives Contract where the contract price moves but the contract price is determined by Pyth Oracles (pyth.network). GAME does not control Pyth Oracles and therefore we cannot change the price at which SNFTs are created/minted and redeemed at. The Pyth Price ID is what is used and can be referred to for determining all prices SNFTs are swapped for. This Pyth Price ID will be published on every SNFT that is created, embedded within the metadata stored on the SNFT, and can be viewed at any time via a block explorer (solscan.io) by scanning the QR code located on the SNFT.
4. Market Availability
When a market/asset is designated as closed, minting and redeeming SNFTs correlated to that market/asset is not possible and will be disabled. Crypto SNFTs trade 24/7/365 but equity, FX and commodity linked SNFTs are only tradeable while the designated market is open, and Pyth Oracles can provide an available price for the asset to be traded at.
5. SNFT Limitations
A Synthetic Non-Fungible Token (SNFT) is not a share, equity, or stock certificate and it cannot be traded, exchanged, or redeemed for any monetary value, except $GAME token. An SNFT cannot be redeemed for the physical asset correlated to the SNFT, cannot be redeemed for the physical monetary value it represents in the form of FX swaps, and cannot be redeemed for any of the underlying assets contained in the ETFs an SNFT tracks. The rights and claims attached to all SNFTs, are that any SNFT created by GAME, can only be redeemed for $GAME token via GAMEPG and nothing else.
6. Additional Information
For all other relevant information to the rules, operations, and functionality of GAME, the $GAME token and the GAMEPG, please refer to the GAME White Paper located on our website at www.game.swap.
Terms of Use for GAME Program, GAME Interface and $GAME Token
Last updated on May 05, 2025
These Terms of Use ("Terms") explain the terms and conditions by which you may access and use this website-hosted user interface ("Interface") available at www.swap.game. The Interface is created and made available by GAME ("Company", "we", "us" or "our"). The GAME Program ("GAMEPG") is created and owned by GAME and at times may be referred to as "GAME", "GAME Program", "GAME Smart Contract", "Program", "Protocol", "Platform", "System", "DApp/Dapp", and "DEX".
1. THE INTERFACE
1.1 The Interface facilitates interaction with GAME, a decentralized, permissionless, and community-driven Program("GAME") on the Solana blockchain. The Interface is not the exclusive means of accessing the GAME Program, which can also be accessed via Solana RPC API via Command Line Interface (CLI). The Company is solely a provider of the Interface at www.swap.game and the GAME Program, and is not involved in the execution of transactions on the Solana Blockchain, and expressly disclaims any liability for losses or damages arising from or related to any interaction with, or actions taken on GAMEPG through the Interface, or through the CLI, that may arise because the Solana blockchain stops processing blocks.
1.2 All transactions conducted on GAME are executed by a decentralized set of validators on the Solana blockchain. The Company does not own, control, or operate the Solana blockchain, nor can it modify or interfere with its functionality, security, or availability. This makes the GAME Program entirely dependent on the Solana blockchain being functional for GAME to operate properly.
1.3 To use the Interface, you must use a non-custodial wallet, which allows you to access public blockchains and interact with them. You should consult the terms of service provided by your wallet provider to understand your rights and responsibilities as they relate to your self-custodial wallet. The Company has no custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. When you connect your wallet to the Interface, you agree to be bound by these Terms.
1.4 By using the Interface, you acknowledge and agree that all use of the Interface, and any interaction with GAME through the Interface, is entirely at your own risk.
1.5 The Interface and GAME Program is not available to "Restricted Persons." For the purposes of these Terms, Restricted Persons include: (a) persons or entities who reside in, are located in, are incorporated in, or have a registered office in jurisdictions subject to applicable economic and trade sanctions or export control laws and regulations (collectively, "Restricted Territories"); and (b) citizens of Restricted Territories, regardless of their location. Restricted Persons are strictly prohibited from accessing or using the Interface described herein.
1.6 The Interface and GAME Program is not available to persons or entities who reside in, are located in, are incorporated in, or have a registered office in any of the following jurisdictions Afghanistan, Central African Republic, Guinea, Iran, Lebanon, Myanmar, Russian Federation, Western Sahara, Belarus, Congo, Cuba, Guinea-Bissau, Haiti, Iraq, Libya, Nicaragua, Somalia, Syrian Arab Republic, Yemen, Burundi, Democratic People's Republic of Korea, Mali, Palestine, Sudan, South Sudan, Sri Lanka, Syria, Venezuela, Zimbabwe, and we will be instituting an IP Geo-ban on all the jurisdictions located in section 1.5 and 1.6.
1.7 You are solely responsible for determining whether your access to and use of the Interface complies with applicable laws and regulations in your jurisdiction, including, but not limited to, laws governing leveraged or derivative trading. By using the Interface, you expressly represent and warrant that your activities are lawful under such applicable laws.
2. NO WARRANTIES
2.1 The Interface is provided on an "as is" and "as available" basis without warranties of any kind, either express, implied, statutory, or otherwise, including, but not limited to, warranties of merchantability, title, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, security, or timeliness. To the fullest extent permitted by law, the Company makes no representations or warranties that access to the Interface will be continuous, uninterrupted, or error-free, that any defects will be corrected, or that the Interface or any interaction through the Interface with GAME will meet your expectations or requirements.
2.2 You expressly understand and agree that you are solely responsible for evaluating and accepting the risks involved in using the Interface, as well as the risks associated with digital assets and decentralized systems generally, including, but not limited to: (a) the inherent volatility of digital assets, which may result in sudden and substantial losses in value; (b) the risks of using digital assets due to both features of such assets and the potential unauthorized acts of third-parties, including hacking, phishing, fraud, or cyberattacks; (c) the possibility of limited access to your assets or delays, disruptions, or errors when using the Interface; and (d) the potential loss of tokens or other assets due to network failures, errors in any code or algorithm, or factors beyond the Company's control.
2.3 You agree that you will have no recourse against anyone else for any losses due to your use of the Interface. Such losses may include, but are not limited to, those arising from or relating to: (a) incorrect information, including any displayed token values or transaction details; (b) failures of blockchain networks, including forks, congestion, or malicious attacks; (c) corrupted cryptocurrency wallet files or wallet incompatibilities; (d) unauthorized access to wallets or accounts, including losses caused by compromised private keys; (e) errors or inaccuracies in the Interface or its underlying software; (f) failures of, or actions by, third-party systems, services, or applications you rely on to use the Interface or interact with GAME; (g) slippage or market inefficiencies when executing trades; (h) any malfunction or failure of GAME; (i) failure of Solanas decentralized set of validators; and (j) regulatory actions or legal uncertainties affecting the availability or use of GAME or related assets.
2.4 By using the Interface, you acknowledge and accept full responsibility for all of the risks involved in accessing and using the Interface or interacting with GAME, including, without limitation: (a) failures or inaccuracies in cross-chain bridges, oracles, or liquidity pools; (b) code vulnerabilities, including potential hacks or exploits; (c) significant slippage or other market risks arising from perpetual futures trading; (d) the risks of trading with leverage, which may lead to immediate and significant losses, including the liquidation of your positions; and (e) potential regulatory or legal issues affecting blockchain transactions or their enforceability. These Terms are not intended to, and do not, create or impose any fiduciary duties on the Company. To the fullest extent permitted by law, you acknowledge and agree that the Company owes no fiduciary duties or liabilities to you or any other party based on your use of the Interface. To the extent that any such duties or liabilities may exist at law or in equity, you hereby irrevocably disclaim, waive, and eliminate such duties and liabilities.
2.5 By using the Interface, you represent and warrant that all digital assets you use are legally obtained and under your sole control. You are solely responsible for securing your private keys, wallet credentials, and other sensitive information related to your interaction with the Interface or, through it, GAME. The Company shall have no liability for any loss, damage, or unauthorized access resulting from your failure to secure such credentials. You agree that the only duties and obligations the Company owes you are those set out expressly in these Terms.
3. PROHIBITED ACTIVITY
3.1 You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:
3.1.1 Intellectual Property Infringement. Activity that infringes or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under applicable law.
3.1.2 Cyberattack. Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including, but not limited to, the deployment of viruses and denial of service attacks, phishing schemes or malicious code.
3.1.3 Fraud and Misrepresentation. Activity that seeks to defraud us or any other person or entity, including, but not limited to, providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another, or impersonating any person, entity, or system.
3.1.4 Market Manipulation. Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including, but not limited to, manipulating trading volumes or prices through coordinated actions, such as wash trading, spoofing, or any other practice intended to deceive market participants.
3.1.5 Circumvention of Restrictions. Activity that attempts to bypass, evade, or circumvent any restrictions imposed by the Interface or the Company. This includes but is not limited to: (a) using technologies such as VPNs, proxies, or other methods to conceal your location; (b) making false statements or misrepresentations about your residency, citizenship, or compliance with applicable laws; or (c) engaging in any other activity designed to evade the restrictions set forth in these Terms or applicable laws. By accessing or using the Interface, you represent and warrant that you are not a Restricted Person as defined in these Terms.
3.1.6 Money Laundering and Sanctions Violations. Activity that involves or facilitates money laundering, terrorism financing, proliferation financing, or any other illegal financial activity, including the use of the Interface to engage in or support transactions prohibited by applicable sanctions laws or regulations.
3.1.7 Exploitation of Vulnerabilities. Activity that exploits any errors, bugs, vulnerabilities, or unintended features of the Interface, GAME, or any associated code, including attempts to gain any unauthorized access or manipulate transactions.
3.1.8 Automated or High-Frequency Abuses. Activity that employs bots, scripts, or other automated methods to interact with the Interface in ways that exceed reasonable usage, bypass rate limits, cause denial-of-service conditions, or disrupt the normal functioning of GAME or related systems.
3.1.9 Manipulation of Leverage and Liquidation Processes. Activities designed to exploit vulnerabilities in the leverage or liquidation mechanisms of GAME, including, but not limited to, coordinated efforts to distort market pricing, manipulate protocol weaknesses, or create artificial disruptions.
3.1.10 Any Other Unlawful Conduct. Activity that violates, attempts to violate, or facilitates the violation of any applicable law, regulation, rule, or governmental order, including, but not limited to, those relating to financial crimes, data protection, intellectual property, or consumer protection.
3.2 By engaging in any prohibited activity, whether intentional or inadvertent, you agree to indemnify and hold harmless the Indemnified Parties (as defined in Section 9 (Indemnity)) from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising out of or related to such activity, as further described in Section 9 (Indemnity).
4. NO PROFESSIONAL ADVICE
4.1 Any information provided by the Interface is for informational purposes only and should not be construed as professional, technical, operational, investment, or other advice. The Company does not evaluate or monitor the suitability of trading activities for users or provide any advice on the consequences of interacting with decentralized financial systems, including perpetual futures trading. You should not take, or refrain from taking, any action based on any information contained on the Interface, or any other information that we may make available at any time.
4.2 Any content, information, or data made available through the Interface may be incomplete, outdated, or subject to other inaccuracies. You are solely responsible for verifying the accuracy and relevance of such information before making any decisions or taking any action. Before you make any financial, legal, technical, operational, or other decisions involving the Interface, you should seek independent professional advice from an individual who is licensed and qualified in the area for which such advice would be appropriate.
4.3 Nothing in these Terms, or provided by the Interface, establishes a fiduciary, advisory, or client relationship between the Company and any user. The Company explicitly disclaims any duty to provide advice, updates, or corrections to information accessed through the Interface.
4.4 You acknowledge and agree that you are solely responsible for determining, reporting, and paying any taxes applicable to your use of the Interface. The Company makes no representations regarding your tax obligations and strongly recommends consulting with a qualified tax advisor to ensure compliance with all applicable laws.
5. LIMITATIONS, RESTRICTIONS, AND OTHER TERMS
5.1 The Company's determinations regarding the eligibility of any user to access or participate in features of the Interface, as well as any questions or disputes arising from a user's use of the Interface or any applicable rules or restrictions, shall be final and binding and not subject to challenge or appeal.
5.2 Without notice to you, the Company reserves the right to suspend or terminate your participation in any feature on the Interface in its sole discretion, including, but not limited to, cases where the Company determines or suspects that your use of the Interface is unauthorized, deceptive, fraudulent or unlawful; intentionally subverts the purposes of the Interface; or would require suspension or termination to comply with applicable laws, regulations or legal orders.
5.3 The Interface does not impose any fees; however, fees may be incurred on GAME when you interact with it through the Interface. You acknowledge and agree that you are solely responsible for paying all such fees, and that you understand and accept that the cost and speed of transacting with blockchain-based systems is variable and may increase at any time.
5.4 Transactions processed by GAME are irreversible. The Company assumes no liability for errors or omissions made during transaction confirmations on GAME, including accidental transmissions or incorrect wallet interactions. By accessing and using the Interface, you represent that you are financially and technically sophisticated such that you understand the inherent risks associated with using cryptographic and blockchain-based systems.
5.5 The Company is not responsible for any problems or technical malfunction of any telephone, internet or blockchain network or lines, online systems, servers, providers, computer equipment, software, or messaging platform, or as a result of technical problems or traffic congestion on the internet, any website, or any application, or any combination thereof, including, without limitation, any resulting error in computing qualifying actions or any unavailability of Interface features, or any injury or damage to any participant's or any other person's computer or mobile device related to or resulting from participation in features available through the Interface. If, for any reason, the Interface is not capable of running as planned, including due to errors of any kind or nature, infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Company which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Interface features, the Company reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Interface features or otherwise respond to the circumstances as the Company deems appropriate.
6. MODIFICATIONS TO THE INTERFACE, GAME PROGRAM, AND TERMS OF USE
6.1 The Company reserves the right to modify, update, and/or discontinue, in whole or in part, either temporarily or permanently, any portion of the Interface, any part of the GAME Program made available through the Interface, and/or any related policy, FAQ, and/or guidelines, at any time in its sole discretion and without prior notice to you. The Company shall not be liable for modifications, suspensions, or discontinuance of the Interface or any features made available through the Interface.
6.2 Unless otherwise specified, all changes or modifications to these Terms will be effective immediately upon posting revisions to these Terms to the Interface, and you waive any right you may have to receive specific notice of such changes or modifications. If we change or modify these Terms, we will revise the "last updated" date located at the top of these Terms. If you continue to participate in the Interface in any way after a change to these Terms, you will be deemed to have read, understood, and unconditionally consented and agreed to such changes; therefore, you should review these Terms and applicable policies and guidelines frequently to understand the terms and conditions that apply to your use of the Interface. If you do not agree to the Terms, you must cease using the Interface immediately.
7. RELEASE OF CLAIMS
7.1 You expressly agree that you assume all risks in connection with your access and use of the Interface and your interaction with GAME through the Interface. These risks include, but are not limited to, risks associated with: (a) coding errors, failures, vulnerabilities or exploits; (b) network delays, disruptions, forks or unexpected outcomes resulting from decentralized governance or protocol upgrades; (c) volatility, illiquidity, or total loss of digital assets, especially when engaging in leveraged or perpetual futures trading; (d) market manipulation, slippage, or other inefficiencies; (e) liquidation risks due to the use of leverage or adverse market movements; (f) unauthorized access, fraud, phishing or other malicious acts by third-parties; and (g) any failure of GAME or its supporting infrastructure, including cross-chain bridges.
7.2 The Company does not and cannot guarantee the security, performance, or reliability of GAME, its code, or any associated blockchain networks, protocols or tools. You understand that the Company is not a party to, nor does it control or facilitate, any transactions or trading activity conducted on GAME.
7.3 By using the Interface, you expressly waive and release the Company from any and all liability, claims, causes of action or damages arising from or in any way relating to: (a) your use of the Interface, including any errors, delays, or interruptions in its operation; (b) your interaction with GAME through the Interface, including in respect of any trading losses, liquidation events, or other financial impact; (c) any reliance on market data, token values, or information displayed on the Interface, which may be inaccurate or delayed; (d) third-party integrations, tools, or services utilized in connection with the Interface or GAME; and (e) any regulatory, tax, or legal consequences arising from your use of the Interface or participation in activities on GAME through it.
7.4 By using the Interface to engage in trading or other activities on GAME, you acknowledge the inherent risks associated with decentralized, leveraged financial instruments and waive any recourse against the Company for any losses or damages incurred.
8. INDEMNITY
8.1 You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries (collectively, "Indemnified Parties") from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including, but not limited to, reasonable attorney's fees and court costs) arising out of or related to: (a) your access to or use of the Interface; (b) your interaction with GAME through the Interface, including, but not limited to, trading activities, leveraged positions or liquidation events; (c) your violation of any term or condition of these Terms, the right of any third-party, or any other applicable law, rule, or regulation; (d) your participation in any prohibited activities described in Section 3 (Prohibited Activities); (e) any other party's access to and use of the Interface or, through the Interface, GAME, using any device or account that you own or control, whether or not caused by you; (f) any third-party services, tools, or platforms you use in connection with the Interface or GAME through the Interface; and (g) any false, misleading, or fraudulent statements or omissions made by you in connection with your use of the Interface, or access to GAME through the Interface.
8.2 If any claim or demand is brought against the Indemnified Parties arising out of your use of the Interface, or through the Interface, GAME, you agree to provide prompt and full cooperation with the Company in defending such claims or demands, including making reasonable efforts to mitigate any potential damages. The Company will make reasonable efforts to provide notice to you of any such claim, suit, or proceeding, provided it has sufficient contact information to do so.
8.3 The Company reserves the right to assume exclusive control of the defense or settlement of any matter subject to indemnification at your expense. You agree not to settle any such matter without the prior written consent of the Company.
9. LIMITATION OF LIABILITY
9.1 Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible property, arising out of or relating to any access or use of the Interface, or your interaction with GAME through the Interface, or participation in any trading or financial activity conducted via such interaction with GAME, nor will we be responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Interface or its supporting infrastructure.
9.2 We assume no liability or responsibility for any: (a) errors, bugs, or vulnerabilities in GAME, including, but not limited to, issues in code, cross-chain bridges, oracles, or perpetual futures mechanisms; (b) errors, mistakes, or inaccuracies of content; (c) personal injury or property damage, of any nature whatsoever, resulting from any access or use of the Interface; (d) unauthorized access or use of any secure server, database or wallet in our control, or the use of any information or data stored therein; (e) interruption or cessation of function related to the Interface; (f) bugs, viruses, trojan horses, or the like that may be transmitted to or through the Interface; (g) errors or omissions in, or loss or damage incurred as a result of the use of, any content made available through the Interface; (h) third-party actions, including fraud, phishing, or market manipulation impacting users of GAME or the Interface; (i) failures or disruptions caused by third-party services, platforms, or tools connected to the Interface or GAME; or (j) unclaimed rewards, tokens, or other benefits associated with any Program.
9.3 Under no circumstances shall we or any of our officers, directors, employees, contractors, agents, affiliates, or subsidiaries be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding $100.00. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if we have been advised of the possibility of such liability.
9.4 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain liabilities and damages. Accordingly, some of the disclaimers and limitations set forth in these Terms may not apply to you. This limitation of liability shall apply to the fullest extent permitted by law.
10. ARBITRATION AND CLASS ACTION WAIVER
10.1 Except for claims that must be heard in a small claims court of England and Wales or any other applicable jurisdiction, you and the Company agree to waive the right to have any and all disputes or claims arising from these Terms, your use of, or access to, the Interface, or any other disputes with the Company ("Disputes") resolved in a court. Instead, all Disputes will be resolved through binding arbitration.
10.2 All arbitration proceedings will be conducted solely on an individual basis. No Dispute may be brought as a class action or representative action, whether in arbitration or any other forum.
10.3 You agree to notify us, in writing, of any Dispute within thirty (30) days of when it arises so that the parties can attempt, in good faith, to resolve the Dispute informally. Notice to the Company shall be provided by sending an email to [email protected]. Your notice must include: (1) your name, postal address, and email address; (2) a description of the nature or basis of the Dispute; and (3) the specific resolution or action that you are seeking. If the Dispute cannot be resolved informally within thirty (30) days of receipt, either party may commence arbitration.
10.4 These Terms are governed by and will be construed under the laws of England and Wales, without regard to its conflict of law provisions. Any Dispute that remains unresolved after the informal resolution process will be finally resolved by arbitration under the rules of the London Court of International Arbitration (LCIA), as amended from time to time, which are incorporated by reference into this clause. Arbitration will be conducted in English, in London, United Kingdom, by a single arbitrator appointed under the LCIA Rules. Each party shall bear its own costs, unless otherwise determined by the arbitrator. Neither you nor the Company may bring a Dispute in any court located in the United States of America.
10.5 The arbitrator shall have the exclusive authority to resolve all procedural and substantive disputes related to these Terms and may grant any remedy that would otherwise be available in court. Arbitration will be conducted solely on an individual basis, and the arbitrator may not consolidate claims, preside over a representative proceeding, or adjudicate claims on behalf of any other party.
11. MISCELLANEOUS
11.1 Entire Agreement. These Terms constitute the entire agreement between you and us and supersede any and all prior or contemporaneous written or oral agreements, communications or other understandings (if any) relating to the subject matter of these Terms.
11.2 Privacy Policy. You agree to the collection, use, storage, and disclosure of your data in accordance with our privacy policy, which is incorporated herein by reference and is available on our website.
11.3 Assignment. You may not assign or transfer any of your rights or obligations under these Terms, without our express prior written consent, including by operation of law or in connection with any change of control. We may assign or transfer any or all of our rights or obligations under these Terms, in whole or in part, with or without notice or obtaining your consent or approval.
11.4 Severability. If any provision of these Terms shall be determined to be invalid or unenforceable under any applicable rule, law, or regulation, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms shall not be affected.
11.5 Notice. We may provide any notice to you under these Terms using commercially reasonable methods, including using public communications channels. Notices we provide using public communications channels will be effective as of the date of the posting.