Last Updated: September 24, 2026
Effective Date: September 9, 2026 Last Updated: September 24, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you and FishBSE LLC, the owner and operator of FishBSE.com, doing business through the FishBSE.com website and related services ("FishBSE," "FishBSE.com," "we," "us," or "our").
These Terms govern your access to and use of FishBSE.com, including all websites, listings, auctions, bidding features, Buy Now functionality, payment functionality, messaging, shipping features, local pickup features, seller tools, buyer tools, account features, verification features, dispute tools, and other products or services made available by FishBSE (collectively, the "Platform").
For purposes of all disclaimers, releases, limitations of liability, indemnification obligations, and protections contained in these Terms, references to the "FishBSE Parties" include FishBSE.com, FishBSE LLC, and any employees, contractors, service providers, agents, representatives, successors, licensors, vendors, payment providers, and persons assisting in operating the Platform.
PLEASE READ THESE TERMS CAREFULLY.
THESE TERMS CONTAIN IMPORTANT PROVISIONS REGARDING:
Certain rights cannot legally be waived in some jurisdictions. Nothing in these Terms is intended to waive any right that applicable law prohibits you from waiving.
You agree to these Terms whenever you:
If you do not agree to these Terms, do not use the Platform.
Where FishBSE presents a checkbox, button, or similar mechanism stating that you agree to these Terms, selecting that mechanism constitutes your electronic signature and affirmative acceptance of these Terms.
You agree that electronic records of your acceptance may be used to establish your agreement to these Terms.
You must be at least eighteen (18) years old and legally capable of entering into a binding contract to use FishBSE.
By using FishBSE, you represent and warrant that:
FishBSE may request identification, proof of age, proof of address, business information, permits, licenses, tax information, proof of ownership, or other documentation at any time.
FishBSE provides an online marketplace and technology platform that allows independent users to advertise, discover, bid on, buy, sell, arrange delivery of, ship, and arrange local pickup of aquarium-related livestock, equipment, supplies, and other permitted items.
Except where FishBSE expressly states otherwise, FishBSE does not own the goods listed by users and is not the seller, breeder, manufacturer, carrier, veterinarian, shipper, importer, exporter, guarantor, insurer, or custodian of those goods.
The actual contract for the purchase and sale of a user-listed item is between the buyer and seller.
FishBSE may provide payment processing integrations, transaction records, dispute tools, status tracking, notifications, automated enforcement systems, shipping-related features, moderation, fraud prevention, or other assistance without becoming a party to the underlying sale except to the extent applicable law expressly provides otherwise.
FishBSE does not become an agent, fiduciary, partner, joint venturer, employer, franchisee, or representative of a buyer or seller merely because FishBSE provides Platform services.
Certain Platform features allow sellers to receive competing bids or offers.
FishBSE provides software functionality through which those bids may be submitted and recorded.
Except where applicable law expressly provides otherwise, FishBSE does not take title to auctioned property and does not warrant that a seller has legal title to any property.
Sellers remain responsible for determining whether any license, permit, auction requirement, business registration, tax registration, wildlife authorization, or other regulatory requirement applies to their activity.
FishBSE may suspend or discontinue auction functionality in any jurisdiction where FishBSE determines that regulatory risk exists.
A seller who publishes a listing represents and warrants that:
Publishing a listing constitutes the seller's representation that the item is genuinely available for sale.
FishBSE may remove any listing at any time.
Removal of a listing does not necessarily constitute a determination that the seller violated these Terms.
When livestock is listed, sellers must make reasonable efforts to provide an accurate species identification.
Where reasonably known, FishBSE may require:
A seller must not knowingly misidentify a species to circumvent FishBSE rules, wildlife restrictions, shipping restrictions, import requirements, or applicable law.
FishBSE may prohibit any listing category at its discretion.
Prohibited listings include, without limitation:
An item being technically legal in one jurisdiction does not require FishBSE to permit it.
FishBSE may adopt standards more restrictive than applicable law.
Aquatic livestock is regulated differently depending on species and jurisdiction.
Users are solely responsible for determining whether an animal may legally be:
Applicable requirements may include federal, state, tribal, territorial, county, municipal, international, carrier, and wildlife-agency requirements.
Relevant laws may include, without limitation:
FishBSE does not provide legal clearance for any species.
The fact that FishBSE permits a listing to appear does not mean that FishBSE has determined that the animal is legal.
The buyer and seller must independently verify legality before completing a transaction.
Users must never release aquarium livestock into natural waterways, storm drains, ponds, lakes, rivers, wetlands, oceans, drainage systems, or other environments where release is unlawful or environmentally dangerous.
Users are responsible for lawful and humane surrender, rehoming, or disposal when livestock can no longer be kept.
FishBSE uses Stripe and/or Stripe Connect for certain payment, seller onboarding, identity verification, payout, fraud-prevention, and payment-processing functions.
Your use of Stripe-related functionality may additionally be governed by Stripe's then-current:
Sellers using Stripe Connect authorize FishBSE and Stripe to perform transaction-related activity permitted by the applicable Stripe agreements and FishBSE's Platform rules.
Stripe is an independent third-party service provider.
FishBSE does not control Stripe's systems, underwriting decisions, identity-verification requirements, risk determinations, payout schedules, banking relationships, fraud decisions, account restrictions, or service availability.
Stripe may request additional information from users or restrict, delay, reverse, or suspend payment functionality in accordance with Stripe's agreements and applicable law.
Failure to complete Stripe verification may result in delayed or unavailable payments or payouts.
FishBSE does not require users to provide FishBSE with raw card credentials where Stripe hosts or processes the applicable payment fields.
Payment information may nevertheless be processed, transmitted, stored, or otherwise handled by Stripe and related payment providers according to their own terms and privacy policies.
Users authorize FishBSE to receive transaction metadata and other information necessary to operate the Platform, investigate transactions, process refunds, resolve disputes, enforce these Terms, prevent fraud, maintain records, and provide customer support.
Payment authorization or successful processing does not constitute a guarantee by FishBSE that:
Payment transactions remain subject to reversals, refunds, disputes, chargebacks, fraud determinations, banking rules, and payment-network rules.
FishBSE may charge transaction fees, seller fees, listing fees, auction fees, service fees, promotional fees, payment-related fees, or other disclosed fees.
Applicable fees will be disclosed through the Platform or applicable transaction interface.
Except where required by law or expressly stated otherwise, FishBSE fees are non-refundable after the underlying service has been provided.
FishBSE may change fees prospectively.
Continued use of paid functionality following notice of a fee change constitutes acceptance of the new fee structure.
When you place a bid, you are making a commitment to purchase the listed item if your bid is selected as the winning bid, subject to applicable law and any conditions disclosed in the listing.
A bid is not merely an expression of interest.
Do not bid unless you are prepared and financially able to complete the transaction.
FishBSE may prohibit or restrict bid retractions.
A bid may be cancelled or disregarded where FishBSE reasonably determines that:
FishBSE does not guarantee that every bid will be received, processed, timestamped, displayed, or recorded without error.
At the conclusion of an auction, the Platform may identify a winning bidder based on the bidding rules displayed for that auction.
The Platform's transaction records will ordinarily control in determining bid timing and status, subject to FishBSE's ability to correct obvious technical or administrative errors.
FishBSE may void or reopen an auction if a system error, outage, manipulation, duplicate transaction, fraudulent bid, or other material irregularity affected the result.
A seller may not refuse to complete a properly concluded transaction merely because the seller later becomes dissatisfied with the final price.
Users may not manipulate auctions.
Prohibited activity includes:
FishBSE may void affected transactions, suspend accounts, retain relevant records, and take other appropriate action.
A buyer who wins an auction or commits to a Buy Now transaction must pay the amount due within the time displayed by the Platform.
Failure to pay may result in:
Repeated nonpayment may result in permanent account termination.
FishBSE is not required to give a user unlimited opportunities to violate payment obligations.
After accepting payment or becoming obligated to complete a sale, a seller must fulfill the transaction according to the listing and Platform requirements.
A seller may not:
Seller nonperformance may result in refunds, warnings, restrictions, payout holds where available, suspension, or permanent removal.
A seller may cancel a listing before a transaction is formed where the Platform permits cancellation.
FishBSE may restrict cancellation once bids have been received, once an auction has concluded, once a buyer has committed to purchase, or once payment has been submitted.
Cancellation may result in warnings or other account consequences where cancellation disrupts a valid transaction.
If a seller cancels after receiving payment, the seller remains responsible for any refund, chargeback, payment-processing cost, or other obligation arising from the transaction.
FishBSE may distinguish between legitimate cancellations and abusive cancellations.
A buyer may request cancellation where Platform functionality permits.
A seller is not automatically required to accept a cancellation after a binding purchase has been made unless:
Repeated abusive cancellations may result in account enforcement.
FishBSE may maintain an internal or user-visible system of warnings, strikes, restrictions, transaction records, risk indicators, or account-status indicators.
Conduct that may result in a warning or other action includes:
FishBSE may use automated systems when assigning preliminary warnings or restrictions.
A warning is an administrative Platform action and not a judicial finding, credit report, criminal determination, or legal judgment.
FishBSE may correct or remove warnings when appropriate.
FishBSE is not obligated to provide warnings before suspension or termination.
Serious misconduct may result in immediate permanent suspension.
FishBSE may limit, suspend, deactivate, or permanently terminate an account where FishBSE reasonably determines that doing so is appropriate for:
Where permitted by law, FishBSE may act without prior notice.
FishBSE may refuse registration or future access by a previously banned user.
Creating another account to circumvent suspension is prohibited.
Unless FishBSE expressly assumes a shipping obligation in writing, the seller is responsible for shipment.
The seller is responsible for:
FishBSE is not a carrier.
FishBSE does not control USPS, UPS, FedEx, airlines, couriers, or other transportation providers.
Shipping live animals presents inherent risks.
These risks include:
Seller packaging must be suitable for the species, season, expected temperature, route, and shipping duration.
Where applicable, sellers must comply with carrier-specific requirements for live animals.
FishBSE does not certify that any seller's packaging is adequate.
A seller may delay shipment where weather conditions, carrier disruptions, extreme temperatures, natural disasters, or other circumstances create unreasonable risk to livestock.
Sellers should communicate material shipping delays to buyers.
A weather hold does not permit indefinite nonperformance.
FishBSE may intervene where a transaction remains unresolved for an unreasonable period.
Buyers must:
A buyer's failure to receive or retrieve a shipment may affect eligibility for any seller-provided live-arrival guarantee.
FishBSE does not independently guarantee live arrival unless FishBSE expressly offers a separate written protection program applying to the transaction.
Any seller-provided DOA or live-arrival guarantee is an agreement between buyer and seller.
Sellers must accurately disclose their DOA policy before purchase.
FishBSE may consider seller-provided guarantees when reviewing a transaction dispute but is not obligated to reimburse a buyer from FishBSE's own funds merely because livestock died.
The parties should preserve evidence, including photographs, packaging, delivery information, timestamps, tracking information, and communications.
FishBSE does not inspect livestock before sale and does not warrant that animals are:
Aquarium livestock may carry parasites, pathogens, bacteria, viruses, pests, or diseases without visible symptoms.
Buyers should use appropriate quarantine and biosecurity practices.
FishBSE does not provide veterinary advice.
Aquarium livestock and equipment can cause substantial property damage or personal injury.
Potential risks include:
Users assume responsibility for safely installing, handling, maintaining, quarantining, and using purchased items.
Users may arrange local pickup where supported.
FishBSE is not responsible for the location chosen by users for a meeting.
Users should exercise reasonable personal-safety precautions.
FishBSE does not control:
A buyer should inspect equipment or livestock where practical before completing an in-person handoff.
Users assume the risks associated with meeting strangers.
Repeated failure to appear for an agreed pickup may result in warnings or account restrictions.
Whether a particular failure constitutes a no-show may depend on communications, timing, emergencies, and transaction circumstances.
FishBSE may decline to adjudicate minor scheduling disagreements.
Refund eligibility depends on the applicable transaction circumstances, seller terms, Platform policy, payment status, and applicable law.
FishBSE may facilitate or initiate a refund where authorized and technically available.
A refund may be funded from:
FishBSE does not guarantee that funds can always be recovered from a seller.
FishBSE may require documentation before assisting with a refund.
A refund and a card dispute or chargeback are different processes.
A refund is generally a transaction initiated through the payment system to return money.
A dispute or chargeback is generally initiated by a cardholder or issuing financial institution and is governed by card-network and Stripe processes.
FishBSE may submit evidence, communicate with Stripe, reverse transfers, recover amounts from seller funds, or take other actions permitted by the applicable Stripe Connect configuration.
Stripe and card issuers may ultimately control aspects of the dispute process.
FishBSE cannot guarantee a particular dispute outcome.
To the maximum extent permitted by law and the applicable Stripe arrangement, sellers are financially responsible for losses arising from transactions attributable to their listings, including:
Where technically and legally permitted, a seller authorizes FishBSE and/or Stripe to recover such amounts through:
Termination of a seller account does not eliminate outstanding payment obligations.
A seller may become responsible for a negative balance resulting from refunds, disputes, chargebacks, fees, reversals, or other adjustments.
Users agree to promptly satisfy valid negative balances.
FishBSE may restrict selling or payouts until amounts owed have been resolved.
FishBSE may pursue lawful collection remedies for unpaid obligations.
Where permitted by Stripe, payment-network rules, and applicable law, FishBSE may delay or restrict payouts when reasonably necessary to investigate:
Stripe may separately impose its own reserves or payout restrictions.
A displayed payout date is an estimate unless expressly guaranteed.
Buyers retain any chargeback rights provided by law and their financial institution.
However, knowingly filing a false, fraudulent, duplicative, or materially misleading chargeback constitutes a violation of these Terms.
Examples may include disputing a payment as unauthorized after knowingly making the purchase or falsely claiming non-delivery despite documented receipt.
FishBSE may suspend accounts associated with abusive payment disputes and may provide relevant transaction information to Stripe, financial institutions, payment networks, law enforcement, or other appropriate parties.
FishBSE may retain and consider transaction-related evidence, including:
FishBSE may use such information to prevent fraud, enforce these Terms, investigate disputes, cooperate with payment providers, and comply with law.
FishBSE's internal determination does not prevent a party from exercising non-waivable rights under applicable law.
FishBSE cannot protect transactions completed outside the Platform.
Users who choose to send money through cash, wire transfers, cryptocurrency, gift cards, peer-to-peer payment applications, or other off-Platform methods do so at their own risk.
Where prohibited by FishBSE policy, users may not use FishBSE primarily to locate another user and then intentionally circumvent required FishBSE transaction fees or protections.
FishBSE may decline to assist with disputes concerning payments made outside FishBSE.
Users are responsible for determining their tax obligations arising from FishBSE activity.
Where required by law, FishBSE, Stripe, or another service provider may:
Users agree to provide accurate taxpayer information where required.
FishBSE does not provide tax advice.
The fact that FishBSE or Stripe does not collect or report a particular tax does not mean the user has no tax obligation.
Users selling as a business are responsible for determining and satisfying applicable:
FishBSE does not represent that registration on the Platform satisfies any governmental requirement.
FishBSE may offer identity, payment, account-history, or other verification features.
Verification may involve information provided by Stripe or other third parties.
A "Verified" badge or similar indicator means only that the account satisfied the particular verification criteria FishBSE selected at the time.
Verification is not:
Users must exercise independent judgment.
FishBSE may occasionally offer promotional reimbursement, buyer protection, seller protection, fraud reimbursement, verified-user benefits, or similar programs.
Such programs are not insurance.
Eligibility is subject to the specific terms displayed for the program.
Unless FishBSE expressly states otherwise in a separate written program policy, no user has an automatic right to reimbursement from FishBSE.
FishBSE may reasonably require:
Fraudulent reimbursement claims may result in permanent account termination and referral to appropriate authorities.
"User Content" includes listings, descriptions, photographs, videos, messages, reviews, profile information, comments, usernames, and other material users submit to FishBSE.
You retain ownership of rights you already have in your User Content.
By submitting User Content, you grant FishBSE a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify for formatting, display, distribute, communicate, and otherwise use the User Content as reasonably necessary to operate, improve, market, secure, and promote the Platform.
This license continues for stored backups and legitimate business records after content is deleted, subject to applicable privacy law.
You represent that:
You are responsible for claims arising from content you upload without authorization.
Reviews must reflect genuine experiences.
Users may not submit:
FishBSE may moderate reviews.
FishBSE does not guarantee that every review is accurate.
Feedback, ideas, suggestions, or feature recommendations voluntarily provided to FishBSE may be used by FishBSE without compensation or obligation to the submitting user.
The FishBSE Platform, including its software, layout, design, branding, logos, databases, original text, graphics, and other proprietary material, is owned by or licensed to FishBSE except for User Content and third-party material.
Users receive a limited, revocable, non-exclusive, non-transferable license to use the Platform for its intended purposes.
Users may not:
FishBSE respects intellectual-property rights.
A copyright owner who believes material on FishBSE infringes their rights may submit a notice containing sufficient information to identify:
Notices may be submitted using FishBSE's designated legal or contact channel.
FishBSE may remove or disable access to allegedly infringing material and may terminate repeat infringers.
FishBSE may display links, references, previews, metadata, advertisements, or other information involving third-party websites or services.
FishBSE is not affiliated with a third-party company merely because that company or its listings are referenced.
Third-party trademarks remain the property of their respective owners.
FishBSE does not guarantee the:
of third-party content.
A transaction completed on a third-party website is governed by that third party's terms and is not a FishBSE transaction.
Nothing in these Terms grants a user permission to copy, scrape, republish, reproduce, or distribute content belonging to another marketplace, seller, photographer, or copyright owner.
Users must have necessary rights to content they upload.
FishBSE may remove third-party content in response to complaints or legal concerns.
FishBSE relies on third-party services that may include:
FishBSE is not responsible for outages, interruptions, errors, data loss, service changes, or misconduct attributable to independent third-party services except where applicable law provides otherwise.
By maintaining an account, you consent to receive transactional communications reasonably necessary to operate FishBSE.
These may include:
Marketing communications will be handled according to applicable law and available opt-out mechanisms.
You are responsible for maintaining a valid email address and current contact information.
You are responsible for protecting your login credentials.
You must not:
Notify FishBSE promptly if you suspect unauthorized account access.
FishBSE is not responsible for losses caused by a user's failure to reasonably secure their account except where applicable law provides otherwise.
FishBSE may restrict users from operating multiple accounts for deceptive, manipulative, fraudulent, or enforcement-avoidance purposes.
FishBSE may associate accounts based on reasonable technical or transactional evidence.
Accounts determined to be controlled by the same person may be collectively restricted where appropriate.
Users may not:
FishBSE may investigate suspected violations.
Users agree to reasonably cooperate with transaction-related investigations, including by providing requested evidence.
FishBSE may preserve records where reasonably necessary for:
FishBSE is not obligated to disclose confidential fraud-detection methods or internal enforcement criteria.
FishBSE may respond to lawful subpoenas, warrants, court orders, regulatory demands, payment-provider inquiries, wildlife-agency inquiries, and law-enforcement requests.
FishBSE may also preserve or disclose information where FishBSE reasonably believes disclosure is permitted or required by law or necessary to prevent fraud, serious harm, unlawful wildlife trafficking, or abuse of the Platform.
FishBSE's collection and handling of personal information is also governed by the FishBSE Privacy Policy.
Stripe separately processes personal data according to Stripe's Privacy Policy and applicable Stripe agreements.
Users should review both policies.
Information appearing on FishBSE does not constitute:
Users should consult qualified professionals and governmental authorities as necessary.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE."
THE FISHBSE PARTIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF:
FISHBSE DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.
FishBSE does not guarantee:
You use FishBSE at your own risk.
You voluntarily assume the risks inherent in buying and selling through an online peer-to-peer marketplace.
Those risks include:
FishBSE's fraud controls and moderation efforts do not eliminate these risks.
To the maximum extent permitted by law, you release the FishBSE Parties from claims, demands, liabilities, and damages arising primarily from disputes between you and another user.
This includes disputes concerning:
This release does not apply to liability that cannot legally be waived.
To the extent a law similar to California Civil Code Section 1542 would otherwise limit a general release to known claims, you agree, to the extent legally permitted, that this release also covers unknown or unsuspected claims arising from the matters released above.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FISHBSE PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:
ARISING FROM OR RELATING TO USE OF THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE FISHBSE PARTIES ARISING FROM OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
(A) THE AMOUNT OF PLATFORM FEES ACTUALLY PAID BY YOU TO FISHBSE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
(B) ONE HUNDRED U.S. DOLLARS ($100).
THIS LIMITATION DOES NOT APPLY WHERE APPLICABLE LAW PROHIBITS SUCH A LIMITATION.
You expressly acknowledge that FishBSE.com is owned and operated by FishBSE LLC.
To the maximum extent permitted by applicable law, every disclaimer, assumption-of-risk provision, release, limitation of liability, indemnification obligation, arbitration requirement, class-action waiver, and other protection provided to "FishBSE" or the "FishBSE Parties" under these Terms is expressly intended to benefit and protect FishBSE LLC, in addition to the Platform itself and other FishBSE Parties.
Nothing in this provision excludes liability that applicable law prohibits from being excluded.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the FishBSE Parties from claims, liabilities, losses, judgments, penalties, damages, costs, and reasonable attorneys' fees arising from or related to:
FishBSE may control the defense of a claim subject to indemnification where reasonably appropriate.
You may not settle a claim imposing liability or obligations on a FishBSE Party without FishBSE's written consent.
FishBSE is not responsible for delay or failure caused by circumstances reasonably beyond FishBSE's control, including:
FishBSE may add, remove, modify, suspend, or discontinue Platform functionality.
FishBSE does not guarantee continued availability of any particular feature.
This includes:
FishBSE may test experimental functionality.
Experimental or beta features may contain errors and may be changed or withdrawn without notice.
Use of experimental functionality is at the user's risk.
Order statuses, shipping statuses, warnings, verification indicators, payment states, dispute indicators, and similar information may be generated automatically from user actions or third-party systems.
Such indicators are informational and may occasionally be inaccurate or delayed.
Users should independently verify important transaction information where appropriate.
FishBSE may provide tools intended to help buyers and sellers communicate regarding disputes.
FishBSE is not required to act as a mediator or arbitrator between users.
Any FishBSE decision concerning Platform privileges, warnings, refunds, or account status is an administrative Platform decision and does not constitute a judicial determination of liability.
Before initiating arbitration against a FishBSE Party, you and FishBSE agree to attempt informal resolution.
The complaining party must provide written notice describing:
The parties will have at least thirty (30) days after receipt of a complete notice to attempt resolution before arbitration is filed, except where applicable law or an approaching limitations deadline requires otherwise.
PLEASE READ THIS SECTION CAREFULLY.
Except for disputes that qualify for small claims court and disputes that applicable law prohibits from arbitration, you and FishBSE agree that claims arising from or relating to:
will be resolved by individual binding arbitration rather than a lawsuit in court.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement to the extent applicable.
Arbitration will be administered by the American Arbitration Association ("AAA") under the applicable AAA rules in effect when arbitration is commenced.
The arbitrator may award any individual remedy that would otherwise be available in court, subject to lawful limitations contained in these Terms.
Nothing in these Terms requires waiver of a remedy that applicable law makes non-waivable.
Either party may bring an eligible individual claim in small claims court rather than arbitration.
A claim may remain in small claims court only while it proceeds on an individual basis.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND FISHBSE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY.
NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE PROCEEDING.
An arbitrator may not consolidate claims of different users unless all affected parties expressly agree or applicable law requires otherwise.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHERE A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND FISHBSE KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL.
A new user may opt out of the arbitration agreement by providing FishBSE written notice within thirty (30) days after first accepting these Terms.
The notice must clearly state:
The notice may be submitted through FishBSE's designated legal contact method with the subject or description "Arbitration Opt-Out."
Opting out of arbitration will not result in account retaliation.
Opting out applies only to the arbitration provisions and does not affect the remainder of these Terms.
Except for the arbitration agreement, which is governed by the Federal Arbitration Act to the extent applicable, these Terms are governed by the laws of the U.S. state in which FishBSE maintains its principal place of business at the time the relevant dispute arises, without regard to conflict-of-law principles, except where mandatory consumer law requires otherwise.
Before publishing these Terms, FishBSE should identify its principal state of business in its Legal or Contact information so users have clear notice.
For claims not subject to arbitration, the parties consent to jurisdiction in the appropriate state or federal courts serving FishBSE's principal place of business, except where applicable law gives a consumer a non-waivable right to bring a claim elsewhere.
To the maximum extent permitted by law, any claim against a FishBSE Party must be commenced within one year after the claim accrued.
If applicable law prohibits shortening the limitations period, the legally required period will apply.
Users may not use FishBSE in connection with transactions prohibited by U.S. sanctions, export controls, import controls, or similar restrictions.
Users represent that they are not using FishBSE for transactions involving persons, entities, jurisdictions, or products prohibited by applicable sanctions law.
FishBSE may block transactions or accounts where reasonably necessary for sanctions compliance.
FishBSE is operated primarily for users in jurisdictions where FishBSE chooses to make the Platform available.
Availability of the website in a country does not mean FishBSE represents that every Platform feature or transaction is legal there.
International users are responsible for local import, export, customs, wildlife, tax, consumer, and business-law compliance.
FishBSE may restrict international access at any time.
FishBSE may revise these Terms.
When material changes are made, FishBSE may provide notice through:
The updated Terms will identify their effective date.
Where applicable law requires affirmative consent to a change, FishBSE may require users to affirmatively accept the updated Terms.
Otherwise, continued use after the effective date constitutes acceptance to the extent permitted by law.
Changes will not retroactively alter a dispute where doing so would violate applicable law.
FishBSE may separately update its:
Policies expressly incorporated by reference form part of the agreement between the user and FishBSE.
Users may not assign or transfer their rights or obligations under these Terms without FishBSE's written consent.
FishBSE may assign or transfer these Terms in connection with:
Users consent to such assignment to the maximum extent permitted by law.
FishBSE is currently operated by FishBSE LLC, a limited liability company.
If ownership or operation is subsequently transferred to a limited liability company, corporation, partnership, successor, or other legal entity, FishBSE may assign these Terms and related user agreements to that entity as permitted by law.
Following such assignment, references to FishBSE may refer to the successor operator.
Except for the FishBSE Parties expressly protected by disclaimers, releases, limitations, and indemnification provisions, these Terms do not create rights in unrelated third parties.
If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent legally permitted and the remaining provisions will remain in effect, unless applicable law requires a different result.
FishBSE's failure to enforce a provision does not waive FishBSE's right to enforce that provision later.
A waiver in one circumstance does not constitute a waiver in another circumstance.
Section titles are provided for convenience and do not limit the meaning of these Terms.
Terms such as "including" and "includes" mean "including without limitation."
Where a provision can reasonably be interpreted in a lawful manner rather than an unlawful manner, the lawful interpretation will control.
Provisions that by their nature should survive account termination will survive, including provisions concerning:
These Terms, together with the FishBSE Privacy Policy and any additional rules or policies expressly incorporated by reference, constitute the agreement between FishBSE and the user concerning use of the Platform.
They supersede prior versions concerning the same subject matter to the extent legally permitted.
Separate transaction terms between a buyer and seller remain between those users.
If a transaction-specific FishBSE rule expressly conflicts with these general Terms, the more specific rule controls for that transaction.
Third-party terms, including applicable Stripe agreements, separately govern the user's relationship with the relevant third party.
FishBSE cannot modify Stripe's agreement with a user.
Questions regarding these Terms may be submitted through the FishBSE.com Contact page.
Legal notices should identify the sender, relevant FishBSE account, transaction where applicable, nature of the issue, and requested relief.
FishBSE may publish a separate legal-notice mailing address or registered-agent address.
Users should not send sensitive payment-card information through the Contact page.
BY CREATING AN ACCOUNT, LISTING AN ITEM, PLACING A BID, MAKING A PURCHASE, ACCEPTING PAYMENT, CONNECTING A STRIPE ACCOUNT, OR OTHERWISE USING FISHBSE.COM, YOU ACKNOWLEDGE THAT:
If you do not agree, you must not use FishBSE.com.
By registering or using FishBSE.com, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service.