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Please read these Terms and Conditions (“Terms”) carefully. These Terms govern your use of the Enzyme’s protocol website, https://enzyme.finance and Enzyme’s decentralized application access website, https://app.enzyme.finance/ together with tools to access the Ethereum-based protocol for decentralized on-chain asset management known as the “Enzyme” or “Enzyme Finance” online app/platform, and related services which is available on one or more blockchains via smart contracts (collectively, the “Sites”). These Terms apply to you (“you” or “User”) as a user of the Sites and its front-end, including all products, services, tools, and information made available on the Sites, including the Enzyme Discord server at https://discord.enzyme.finance and the Enzyme.Finance Telegram server at https://t.me/enzymefinance, Docs at https://Docs.Enzyme.Finance, Enzyme’s GitHub source code repository at the https://github.com/enzymefinance (the “Enzyme GitHub Source Code Repository”) , and other websites maintained and/or operated by Enzyme or Enzyme contributors (collectively with the Sites, the "Services").
If you are entering into or accepting these terms on behalf of a legal entity, you represent and warrant that you have the right, authority and capacity to bind such entity and its affiliates to these terms, in which case, references to “you” shall refer to such entity and its affiliates.
By accessing the sites or interacting in any way with the services, you agree to these terms and our Privacy Policy as governing to your use of the services and sites.
This agreement is subject to binding arbitration and a waiver of class action rights as further described at the end of these terms. You acknowledge that you have read and understood these terms. If you do not agree to be bound by all of the provisions of these terms or do not have the authority to be bound, do not access the sites or use with services.
In addition, when using the Services, you shall be subject to any posted guidelines, rules or terms applicable to such Services, which may be posted from time to time. All such guidelines, rules or terms (including without limitation Enzyme’s Privacy Policy) are hereby incorporated by reference into the Terms. At various times in the future, we may revise these Terms without notice to you and it is your responsibility to regularly review these Terms for updates. You agree that you will be bound by, and will comply with, any revised terms, as of the date of publication of any revision. If you do not agree with the terms of the updated Terms, your sole and exclusive remedy is to terminate your use of the Services.
Enzyme provides certain free to use software, as set forth in the GitHub Source Code Repository, as well as other related software that Enzyme may provide from time to time, (each program, a “Software Program” and collectively, the “Software Programs”) to users of the protocol and other participants (the “Users”) .
The Software Programs are provided under a separate open-source license, which means that anyone can use, copy, modify, or distribute them. As such, Enzyme is not responsible for the operation of the Software Programs and makes no guarantees regarding their security, functionality or availability.
In the event that these Terms conflict with the Privacy Policy, separate open-source license, or any other agreement between you and Enzyme, the terms of the applicable Privacy Policy or other agreement shall govern as to the conflicting terms. If you have any questions regarding these terms and conditions, please contact customer service at info@enzyme.finance
You represent and warrant that you are at least 18 years of age or the age of majority in your state or jurisdiction of residence, whichever is greater; that you are capable of entering into a legally binding agreement; and that you reside in a jurisdiction where your use of the Services is lawful.
You represent to us that you and the financial institutions that you have commercial relationships with, any party that owns or controls you or such financial institutions, or any digital wallets that are owned or controlled by the foregoing persons or entities are (1) 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 (i.e., 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, the United Kingdom, or other applicable government authority and (2) not located in any country subject to a comprehensive sanctions program implemented by the United States. Further, you agree that you will not use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol (IP) address or otherwise circumvent or attempt to circumvent this prohibition.
License. Enzyme hereby grants you a single, non-exclusive, non-transferable, and limited license, personal to you, to access and use the Services and no other rights under these Terms, including intellectual property rights. This license grant is conditioned on your acceptance and adherence to these Terms and Privacy Policy.
Compliance. Enzyme may not be available or appropriate for use in all jurisdictions. By accessing or interacting with the Services, you agree that you are solely and entirely responsible for compliance with all laws and regulations that may apply to you, including whether you may legally transact in the relevant assets in applicable jurisdictions. You further agree that we have no obligation to inform you of any potential liabilities or violations of law or regulation that may arise in connection with your access and interactions with the Services including, without limitation, tax and other legal consequences. Further, we are not liable in any respect for any failure by you to comply with any applicable laws or regulations. You understand that you may need to retain your own professional counsel as is appropriate to protect your interests, including legal, tax, accounting and other advice.Risks. There are inherent risks associated with using cryptographic and blockchain-based systems.
You should not use these Services if you do not have a working knowledge of the usage and intricacies of digital assets. You acknowledge that the markets for digital assets are highly volatile, and that there are risks associated with digital assets including, without limitation, those related to adoption, speculation, technology, security, and regulation. Although Enzyme is constantly improving its security measures against security breaches that might result in the loss or corruption of data. Enzyme shall not be responsible for the operation failure of any Services or Software Programs and shall not be liable to Users for any damage caused by such loss or corruption of data. You understand that Services, Software Programs and other protocol upgrades may inadvertently contain bugs or security vulnerabilities that may result in loss of functionality and ultimately funds. You expressly agree that you assume all risks in connection with your access to and use of the Services and Software Programs.
Given the decentralized and disintermediated nature of the Services, your Use requires you to assume a number of responsibilities that you might not otherwise assume with a centralized provider. Your responsibilities associated with your use of the Services include, without limitation:
Use. You are responsible for all activities that occur with respect to your use of the Services, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or other users). Enzyme is not responsible for unauthorized access to the Services, including any access that occurred as a result of fraud, phishing, or other criminal activity perpetrated against you by third parties.
Security, Privacy Configuration and Backup. You are solely responsible for appropriately configuring your use the Services and otherwise taking appropriate action to secure, protect, and backup your data and your customers’ data, as applicable, in a manner that will provide appropriate security and protection. You should use caution when giving out any personally identifiable information for any Service.
If you cannot or do not want to take such actions to ensure security and protection, then you should not use the Services. Your obligations under this Agreement include ensuring any available Software Program updates or upgrades to any Service you are using are promptly installed or implemented and managing your secure access to your use of the Services.
Risk Assessment. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of the Services before engaging in any interactions on the Services or relying on any information derived from the Services.
API Authentication. To the extent we provide you with log-in credentials and Application Programming Interface (“API”) authentication generated by a Service is for your use only and you will not sell, transfer, or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.
You may only use the Services for lawful purposes only and solely in a manner consistent with the intent of Enzyme as described in these Terms. You may not use the Services in a manner that convenes the intent of these Term and including, without limitation, the following prohibited activities:
You understand that any violation of these Terms can result in the discontinuance of your access to certain Services without notice. You agree that the neither Enzyme, its affiliate and subsidiary entities, any of their respective council members, advisers, directors, contractors, agents, employees or licensors or any other person or entity involved in creating, producing or providing the Services (collectively, the “Enzyme Parties”) will be liable to you or to any third party for the removal of your access to any of the Services.
Custody. You acknowledge Enzyme does not custody any digital assets and does not have access to or retain the electronic private keys of Enzyme Vaults.
Control of Underlying Protocols. Enzyme does not own or control the protocols or the software on which blockchain networks operate. You agree that Enzyme are not responsible for the operation, functionality or security of the underlying protocols or software and not liable for any loss of asset value you may encounter due to any operating change, malfunction or failure of the underlying protocols.
Cancellation or Modification of Transactions. Enzyme has no control over any blockchain or virtual assets. Enzyme cannot ensure that any of your interactions will be confirmed on the relevant blockchain and do not have the ability to effectuate any cancellation or modification requests regarding any of your interactions. Without limiting the foregoing, you specifically acknowledge and agree that:
Provision of Documents. All information provided in connection with your access and interactions with the Services, including official documentation, is for informational purposes only and should not be construed as professional advice. You should not take, or refrain from taking, any action based on any information provided by or through the Services or any other information that we make available at any time, including, without limitation, statements contained in the Enzyme GitHub Source Code Repository, blog posts, articles, links to third-party content, news feeds, tutorials, tweets and videos. Before you make any financial, legal, or other decisions regarding the Services or interactions with the Services, you should seek independent professional advice from an advisor licensed and qualified in the area for which such advice would be appropriate.
Monitoring. Enzyme is under no obligation to monitor use of the Sites, or the information contained in or transmitted through the Sites, but reserves the right to modify, reject or redact eliminate any information contained in or transmitted through the Sites that we believe is unacceptable or in violation of these Terms.
Services Modifications. Enzyme shall have the right at any time to change or discontinue any aspect or feature of the Services, including, but not limited to, content, access, or use. Enzyme will endeavor to not materially reduce or eliminate any of the core functionalities of the Services, unless for scheduled maintenance or by prominently posting notice of maintenance or changes on our Discord, Telegram & Twitter channels.
Enzyme owns all intellectual property and other rights with respect to Enzyme and its contents, including, but not limited to, software, text, images, trademarks, service marks, copyrights, patents, and designs, except for the resources specifically marked open source on the Enzyme GitHub Open Source Repository. Unless expressly authorized by us, you may not copy, modify, adapt, rent, license, sell, publish, distribute, or otherwise permit any third party to access or interact with Enzyme or any of its contents. Accessing or interacting with Enzyme does not constitute a grant to you of any proprietary intellectual property or other rights in Enzyme or its contents, including any vaults, strategies, and any decentralized applications.
As between you and Enzyme, you will retain ownership of all intellectual property and other rights in any information and materials you submit during your interactions with Enzyme but shall grant us a perpetual, worldwide, royalty-free, irrevocable, transferable license to use, copy, distribute, publish and send this data in any manner in accordance with applicable laws and regulations. By way of example and not limitation, if you submit comments, bug reports, ideas or other feedback about Enzyme (collectively, “Feedback”), by submitting any Feedback, you agree that we are free to use such Feedback at our discretion and without additional compensation to you, and to disclose such Feedback to third parties (whether on a non-confidential basis or otherwise).
You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such use of the Services. The foregoing provisions of this section are for the benefit of Enzyme Parties, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Materials uploaded to the Services may be subject to posted limitations on usage, reproduction and/or dissemination; You are responsible for adhering to such limitations if you download the materials.
Electronic (including wired and wireless) communications through the Services may not be encrypted. You understand and acknowledge the risk that data, including e-mail, and other communications, along with personal data, may be subject to unauthorized access when communicated in this way.
If you elect to register as a User, you will be required to create a password and/or other access method (the “Access Methods”) and a username. If you wish to interact with the Services you will be required to connect a digital asset wallet and you represent that you have the requisite authority to connect the digital asset wallet to the Services. You are entirely responsible for maintaining the confidentiality of your digital asset wallet, Access Methods and account, if any.
Enzyme does not have access to your private keys or any of the virtual assets and cannot initiate an interaction with your virtual assets or otherwise access it. Enzyme is not responsible for any activities that you engage in when using your wallet, or through your use of the Services generally. Furthermore, you are entirely responsible for all activities that occur while you are interacting with the Services. You agree to notify Enzyme immediately of any unauthorized use of your account or any other breach of security. YOU WILL NOT HOLD ANY ENZYME PARTY LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF ANY MISUSE OF YOUR DIGITAL ASSET WALLET, LOGIN INFORMATION OR ACCESS METHODS, WHETHER WITH OR WITHOUT YOUR KNOWLEDGE. You acknowledge that you may be held liable for losses incurred by Enzyme Parties due to someone else using your digital asset wallet or account. You may not use anyone else’s account at any time, without the permission of the account holder.
Enzyme is not responsible for transferring, safeguarding, or maintaining your private keys. We are not and cannot be responsible for transferring, safeguarding, or maintaining your private keys or any virtual assets associated therewith. If you lose, mishandle or have stolen associated private keys, you may not be able to recover associated virtual assets and we will not be held responsible for such loss.
If you choose to deposit into vaults made available through the Services, you may be required to demonstrate your identity, that you are an “accredited investor”, “professional investor” or that you are otherwise qualified to deposit into such vaults. Enzyme has no responsibility under these Terms for verifying that that any User is accredited, is qualified or authorized to interact using the Service
Access to certain features, functions, or portions of the Services may require the payment of fees, whether based on a use or subscription basis. Users acknowledges and agrees that all deposits, redemptions, and other interactions with the Services are subject to applicable Enzyme fees and that User is responsible for such fees irrespective of any action or omission by User that evades or seeks to evade such fees, including by unconventional or unauthorized use of the Services.
During your use of the Services you may be required to pay fees for services not provided by Enzyme and made available by third party providers or through decentralized protocols or applications (such services, the “External Services”), such as, by way of example and not limitation, gas charges incurred for transactions on the Polygon blockchain network. Similarly, External Services provided by API service providers may result in payment of additional fees associated with your use of the Services. Enzyme is not responsible for any payments or fees that you may incur as a result of using such External Services. You acknowledge and agree that Enzyme has no control over any transactions, the method of payment of any transactions, or any actual payments of such fees.
In addition to any payments or fees required to access certain features, capabilities, functions, or services offered through or by the Services (“Charge(s)”), you are responsible for paying all applicable taxes and for all third-party hardware, software, service and/or other costs you may incur in order to access or use the Services. Enzyme does not collect or deduct any taxes, levies, duties, or similar governmental assessments of any nature, assessable by any jurisdiction whatsoever (collectively, "Taxes"). You are responsible for determining whether any Taxes may apply to your use of the Services, or any activity you undertake in connection with such use, and it is your responsibility to report and remit the relevant Taxes to the appropriate taxing authorities. You agree that Enzyme is not responsible for determining whether any Taxes apply, or the amount of any Taxes that may apply, to the Services.
You are solely responsible for any content (e.g., questions or comments or any other information or data) you submit to the Sites (“User Content”) or in connection to your use of the Services. To the extent you submit User Content to the Sites, you grant to us and to all other users a royalty-free, perpetual, irrevocable, non-exclusive, fully paid and transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, perform and display such User Content worldwide without restriction or compensation. Any User Content you contribute to the Sites becomes public upon your submission of the information. User Content posted in the public areas of the Sites may appear in public search results and may be accessed by everyone on the Internet, which you should take into consideration before submitting User Content to the public areas of the Site.
Enzyme’s Services may integrate with External Services, whether provided by third-parties or on a decentralized basis. You agree that we are not responsible for, nor do we endorse, such External Services. You agree that your use of the Sites to access or integrate with External Services is at your own risk and you are responsible for complying with any terms, conditions and policies associated with your use of such External Services.
The Sites may contain links or other connections to websites operated by third parties. We are not responsible for such websites. Our inclusion of such links should not be construed as an endorsement of the material on such websites. You agree that your use of the Sites to link to a third-party website is at your own risk, and that you will review and comply with any terms or privacy policies that pertain to such third-party websites.
You are solely responsible for your interactions with other Users on the Site. While we may monitor claims that involve you and other Users, we have no obligation to become involved. If you become involved in such a dispute, then you release us from claims, demands, and damages of every kind and nature, known and unknown, arising out of or connected with such dispute.
Any information displayed on the Sites or provided through the Services including, without limitation, information about prices, liquidity, staking or other information provided by External Services and/or calculated based on such information is for informational purposes only. Such information as well as any information respecting features, tools, or other content available through the Services should not be construed as legal, tax, investment, financial or other advice. Further, your use of any scripts, indicators, ideas and other content made available through the Services is at your sole risk. Users are responsible for their own due diligence and research prior to engaging in any interaction through the Services.
No information displayed on the Sites or provided through the Services constitutes a solicitation, recommendation, endorsement, or offer by Enzyme to buy or sell any securities or other financial instruments. You understand that Enzyme does not recommend or endorse any interactions conducted through the Services including without limitation the deposit of assets into any Vault using the Services. You understand that the information available is to be used at your own risk.
The Terms are not intended to, and do not, create or impose any fiduciary duties on Enzyme. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated.
You assume all legal risks associated with ownership of digital assets, including but not limited to, any investigation or enforcement action brought by applicable regulators and/or any other enforcement agency or organization, and any private litigation based on violations of applicable securities laws and regulations.
Unless pursuant to a separate agreement with a particular fund offered through the Services,
THE ENZYME PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT ARE BOTH (I) IMPLIED BY LAW AND (II) INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, UNDER LAWS APPLICABLE TO THESE TERMS OF USE.ENZYME DOES NOT WARRANT, AND AFFIRMATIVELY DISCLAIMS, ANY AND ALL WARRANTIES REGARDING THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE SERVICES OR ON THE SITES.
In addition and not by way of limitation, the Enzyme Parties make no representations or warranties respecting: (i) the uptime, reliability or availability of the Services; (ii) the Services being error-free; (iii) the continued availability, maintenance or updating of programs and code available in the Enzyme GitHub Source Code Repository; and (iv) the legitimacy, availability, suitability for purpose, security or reliability of any External Services.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK AND NONE OF THE ENZYME PARTIES WILL BE LIABLE FOR ANY USE OR MISUSE OF THE SERVICES, WHETHER THAT USE IS BY ENZYME, YOU, OR A THIRD PARTY.ENZYME EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED ON THE SITES OR OTHERWISE PROVIDED THROUGH THE SERVICES. ENZYME MAY CHANGE INFORMATION CONTAINED IN THE SERVICES AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED THEREIN.
In addition and without limitation, the Enzyme Parties disclaim all liability and assume no responsibility for any:
IN NO EVENT SHALL THE ENZYME PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF YOU OR THE RELEVANT PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM LOSS FROM YOUR: (I) INABILITY TO USE, (II) USE, AND/OR (III) MISUSE, DATA OR THE SERVICES; (III) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; OR (VI) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY EXTERNAL SERVICES, EVEN IF A THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES. NOR SHALL THE ENZYME PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES, EXTERNAL SERVICES, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE RELATED TO THE SERVICES.NONE OF THE ENZYME PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SERVICES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.
IN NO EVENT WILL ENZYME NOR THE ENZYME PARTIES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF THE SERVICES, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY ENZYME.
YOU FURTHER AGREE THAT YOU WILL NOT IN ANY WAY HOLD THE ENZYME PARTIES RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, EXTERNAL SERVICES IN CONNECTION WITH THE SERVICES.
For those jurisdictions where limitations of liability for consequential or incidental damages are prohibited by applicable law, the respective liability of Enzyme Parties shall be limited to the greatest extent allowable under applicable law.
In the event that a court or arbitration panel, as the case may be, should hold that all or any portion of the above limitations of liabilities are unenforceable for any reason, then you expressly agree that under no circumstances will the total, aggregate liability of the Enzyme Parties to you or any party claiming by or through you for any cause whatsoever, exceed USD $100.00, regardless of the form of action and whether in contract, statute, tort or otherwise.Indemnity, Waiver and Release
To the fullest extent permitted under applicable law, you agree to indemnify and hold the Enzyme Parties harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your electronic communications, your User Content, your use of the Services, your conduct in connection with the Services or with other users of the Services, any transaction or opportunity pursued through the Services, or any violation of these Terms or of any law, or the rights of any third party. Additionally, you expressly waive and release the Enzyme Parties from any and all liability, claims, causes of action, or damages arising from or in any way relating to your access to and interactions with Enzyme and the Services.
These Terms constitute the entire agreement between you and Enzyme concerning the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representations, warranties, both written and oral, with respect to the subject matter hereof. Except to the extent applicable law provides otherwise, these Terms and any access to, use of or interactions with any of the Services will be governed by the laws of the Bahamas, without regard to the conflict of laws rules thereof.
Any dispute, controversy or claim arising out of or relating to these Terms, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be London, United Kingdom. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Unless otherwise agreed in writing between the parties, the arbitration shall be administered by the JAMS in accordance with JAMS International Arbitration Rules, The arbitrator shall apply the laws applicable in the Bahamas (without regard to the conflict of laws rules thereof). Judgment on the arbitral award may be entered in any court having jurisdiction thereof. The foregoing arbitration provisions shall not preclude either party from seeking an injunction or other provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the arbitral award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and reasonable attorneys’ fees of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose. The parties further agree that (i) any claims brought by either party must be brought in such party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and (ii) the arbitrator may not (x) consolidate more than one person’s claims, (y) otherwise preside over any form of a representative or class proceeding or (z) award class-wide relief.
