Informal resolution first. Before starting arbitration or a court case, you and BUFI agree to try to resolve the dispute informally. Send a written notice describing the dispute to hello@bu.finance. If it is not resolved within 60 days of the notice, either party may start arbitration.
Binding individual arbitration. Except as described below, you and BUFI agree that any dispute arising out of or relating to the Service or these Terms will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules (for claims under US$250,000) or Comprehensive Arbitration Rules (for larger claims). The Federal Arbitration Act governs this Section. The arbitration may be held by video, or in the county where you live if you are an individual. The arbitrator decides all questions about the scope and enforceability of this agreement to arbitrate, except that a court decides challenges to the class action waiver.
Exceptions. Either party may bring an individual claim in small claims court, or seek an injunction in court to protect its intellectual property.
Class action and jury waiver. YOU AND BUFI MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING, AND BOTH WAIVE THE RIGHT TO A JURY TRIAL.
Coordinated filings. Any coordinated filings will be administered under applicable JAMS procedures and fee schedules. This agreement does not require consolidation, a single merits arbitrator or a single fee for multiple claimants.
Consumer protections. Where JAMS Consumer Minimum Standards apply, they control over conflicting provisions. A consumer initiating arbitration pays no more than US$250 in JAMS fees, or a lower amount required by applicable rules or law; BUFI pays the remaining required arbitration fees. Available statutory remedies remain available. The informal-resolution period does not prevent timely filing to preserve a claim or seeking urgent relief.
Opting out. You may opt out of this Section by emailing hello@bu.finance within 30 days after you first accept these Terms, with your name, the email address on your account, and a clear statement that you opt out of arbitration.
Consumers in the EEA, UK and elsewhere. Mandatory pre-dispute arbitration and the class-action and jury waivers do not apply to consumers habitually resident in the EEA or United Kingdom. Elsewhere, they apply only to the extent permitted by mandatory law. Nothing restricts a non-waivable right to public injunctive relief.