PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
23.1 Informal dispute resolution
Before starting arbitration or court proceedings, you and Enver agree to make a good-faith attempt to resolve the dispute informally.
You must send a written notice describing the dispute to:
hi@enverstudio.com
Your notice should include your name, contact information, the nature of the dispute and the resolution you are seeking.
Enver may send a notice to the most recent contact information reasonably associated with you.
The parties will have 30 days after receipt of a complete notice to attempt to resolve the dispute before either party commences arbitration, unless applicable law requires otherwise.
23.2 Agreement to individual arbitration
Except for disputes expressly excluded below, you and Enver agree that any dispute, claim or controversy arising out of or relating to these Terms, the Privacy Policy, FISHY, the Services or your relationship with Enver will be resolved through final and binding individual arbitration rather than a court proceeding.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Arbitration will be administered by JAMS under the applicable JAMS rules in effect when the arbitration is commenced, including applicable consumer arbitration rules.
The arbitrator will have authority to award the same individual remedies that would otherwise be available in court, subject to these Terms and applicable law.
23.3 Exceptions
Either party may bring an eligible individual claim in small claims court.
Either party may seek appropriate injunctive or equitable relief in court concerning actual or threatened infringement, misappropriation or violation of intellectual property rights.
Enver may seek appropriate court relief concerning unauthorised access, cheating, circumvention, attacks on the Services or other conduct threatening the integrity or security of the Services.
Nothing in this arbitration agreement prevents you from making a complaint to a government agency or regulator where applicable law gives you that right.
23.4 No class actions
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ENVER AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
NEITHER YOU NOR ENVER MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION.
23.5 Jury trial waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND ENVER WAIVE ANY RIGHT TO A TRIAL BY JURY FOR A DISPUTE SUBJECT TO THIS ARBITRATION AGREEMENT.
23.6 Arbitration procedure and location
Arbitration may be conducted remotely by video conference, telephone or document submission where permitted by the applicable JAMS rules.
If an in-person hearing is required, its location will be determined in accordance with the applicable JAMS consumer rules, taking reasonable account of the user's place of residence and applicable law.
23.7 Arbitration fees
Payment of filing, administration and arbitrator fees will be governed by the applicable JAMS rules and applicable law.
Nothing in these Terms requires a consumer to pay fees that applicable law would prohibit.
23.8 Right to opt out
You may opt out of this arbitration agreement by sending written notice to:
hi@enverstudio.com
Your notice must be sent within 30 days after the date you first accept these Terms.
The notice must clearly state that you wish to opt out of the FISHY arbitration agreement and must include enough information to reasonably identify you and the relevant account.
Opting out of arbitration does not affect the remainder of these Terms.
23.9 Users outside the United States
If you are a consumer outside the United States, this Section 23 applies only to the extent permitted by the mandatory laws of the country in which you live.
Nothing in these Terms deprives you of mandatory consumer protection rights or access to courts, tribunals or regulators that applicable law does not permit you to waive.