Terms of Service

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and MyFishingBuds agree that any claim or dispute arising out of or relating in any way to these Terms, or to your use of Our Services (including any claim or dispute concerning the validity, applicability, or enforceability of any part of this Mandatory Arbitration and Class Action Waiver provision), will be resolved by binding arbitration and not through a court of law, except: (i) to the extent a claim or dispute falls within any applicable small claims court jurisdiction; (ii) for disputes arising from or relating to any breach or threatened breach of any provision relating to intellectual property rights; or (iii) for claims seeking public injunctive relief under California law, which shall be heard in a court of competent jurisdiction and severed from any arbitration of the remaining claims. For the purpose of this Section only, "claims" and "disputes" do not include claims or disputes brought as part of a class action proceeding.

The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. Any arbitration will be conducted by a single arbitrator and administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, which are available at www.jamsadr.com. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity; provided, however, that the arbitrator shall not be authorized to grant punitive damages. THE ARBITRATOR SHALL NOT CONSOLIDATE ANY OTHER PERSON'S CLAIMS WITH YOUR CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. Any award of the arbitrator shall be accompanied by a written opinion. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

If JAMS declines to administer the arbitration or is otherwise unavailable, either party may petition any court of competent jurisdiction to appoint an alternative arbitration organization to conduct the arbitration. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The registered agent is: Philip Chusid, 3311 SW 49th Street, Fort Lauderdale, FL 33312.

The arbitration proceeding shall be conducted either: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) for claims exceeding $10,000, by an in-person hearing in the county where you reside or at another mutually agreed location. Except as otherwise provided for herein, if the value of the relief sought is $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephone hearing, or by an in-person hearing. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with JAMS rules. Payment of all filing, administration and arbitrator fees will be governed by the JAMS rules, except to the extent those fees are required by law to be borne by MyFishingBuds. In any arbitration where you are seeking less than $10,000, MyFishingBuds will pay all administrative costs of the arbitration as long as the arbitrator does not determine that your claims are frivolous. In the event your claim is determined by the arbitrator to be frivolous, you shall bear the cost of all filing fees.

If for any reason a claim proceeds in court rather than in arbitration, you and MyFishingBuds waive any right to a jury trial.

If the class action waiver provision of this section or the prohibition against consolidation is found to be unenforceable, then the entire Mandatory Arbitration and Class Action Waiver provision of this section shall be void.

MyFishingBuds reserves the right to change these Terms at any time. We will notify you of material changes by posting the updated Terms on Our Services and updating the "Last Updated" date at the top of the page. For material changes, including any changes to the arbitration provisions, we will provide at least thirty (30) days' advance notice by email (to the address associated with your account) or by a prominent notice on Our Services. The most current version of these Terms will supersede all previous versions. Your continued use of Our Services after the effective date of any amended Terms shall constitute your agreement to be bound by such changes.

All changes are effective as of the date posted and apply to all access to and use of Our Services thereafter. However, any changes to the "Mandatory Arbitration and Class Action Waiver" sections will not apply to any dispute for which a party has provided written notice before the date the amended Terms are posted.