Fish Strong Messaging Terms & Conditions
Messaging Program
By signing up for Fish Strong text messages, you agree to receive recurring automated promotional and personalized marketing text messages from Fish Strong, a Salt Strong, LLC company, including SMS, MMS, and RCS messages.
These messages may include, but are not limited to, promotions, product announcements, special offers, cart reminders, checkout reminders, back-in-stock notifications, product recommendations, and other marketing communications.
Messages may be sent using an automatic telephone dialing system, automated technology, and/or AI-assisted technology to the mobile telephone number you provided when signing up or any other number you later designate.
You agree that your consent to receive these messages applies regardless of any state or federal time-of-day restrictions and regardless of whether your telephone number appears on any state or federal Do Not Call list or registry, to the extent permitted by applicable law.
Consent to receive automated marketing text messages is not a condition of any purchase.
Message and data rates may apply.
Message frequency will vary. Fish Strong and Salt Strong, LLC reserve the right to increase or decrease the frequency of messages sent through the program at any time.
Fish Strong and Salt Strong, LLC also reserve the right to change the short code, telephone number, or other sending identifier from which messages are sent and will provide notice when appropriate.
Not all mobile devices, handsets, wireless networks, or carriers may be supported, and messages may not be deliverable in all areas.
Messages may also fail to deliver if additional digits, symbols, or characters are added to our messaging number.
Fish Strong, Salt Strong, LLC, their service providers, and participating wireless carriers are not responsible for delayed, failed, or undelivered messages.
You also agree to our:
Fish Strong Terms & Conditions
https://fishstrong.com/pages/terms-conditions
Fish Strong Privacy Policy
https://fishstrong.com/pages/privacy-policy
We may share certain information with vendors and service providers that assist us in operating our messaging program, including Attentive Mobile Inc., as further described in our Privacy Policy.
Cancellation
You may unsubscribe from Fish Strong marketing text messages at any time by replying with any of the following keywords:
STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT
After submitting a valid unsubscribe request, you may receive one additional message confirming that your request has been processed.
You acknowledge that our messaging platform may not recognize or respond to unsubscribe requests that do not contain one of the supported keywords listed above.
Fish Strong, Salt Strong, LLC, and their service providers will not be responsible for failing to process an unsubscribe request that cannot reasonably be recognized by the messaging platform.
If you unsubscribe from one Fish Strong or Salt Strong messaging program, you may continue to receive messages from another messaging program that you separately joined until you unsubscribe from that program as well.
Help
Reply HELP to any Fish Strong text message for messaging support and customer care information.
Customer Care
If you require assistance related to Fish Strong orders, products, your account, or messaging, please contact:
Fish Strong / Salt Strong Customer Care
Phone: (855) 888-6494
Email: shop@saltstrong.com
Hours: Monday–Friday, 8:00 AM–5:00 PM ET
For technical assistance specifically related to the messaging platform, you may also visit Attentive support.
Contact
This messaging program is operated by:
Salt Strong, LLC
FishStrong.com is a Salt Strong, LLC company
250 Magnolia Ave SW, Suite 218-22
Winter Haven, FL 33880
Phone: (855) 888-6494
Email: shop@saltstrong.com
Dispute Resolution
a. General
In the interest of resolving disputes between you and Salt Strong, LLC, including its Fish Strong brand ("Fish Strong"), in an efficient and cost-effective manner, you and Salt Strong, LLC agree that any dispute, claim, or controversy arising out of or relating to these Messaging Terms, your participation in the Fish Strong messaging program, or your receipt of text messages from Fish Strong or its service providers will be resolved by binding arbitration, except as otherwise provided below.
Arbitration is less formal than a lawsuit in court.
Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than a court proceeding, and is subject to limited review by courts.
An arbitrator may generally award the same individual damages and relief that a court could award.
This agreement to arbitrate applies to all claims arising out of or relating to these Messaging Terms or your receipt of text messages from Fish Strong or its service providers, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, regardless of when the claim arises.
YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND SALT STRONG, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, TO THE EXTENT PERMITTED BY LAW.
This agreement to arbitrate will be governed by the Federal Arbitration Act.
b. Exceptions
Notwithstanding the arbitration agreement above, nothing in these Messaging Terms will be interpreted to waive, preclude, or otherwise limit the right of either you or Salt Strong, LLC to:
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Bring an individual action in small claims court where permitted;
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Pursue an enforcement action through an applicable federal, state, or local governmental agency where such action is available;
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Seek temporary, preliminary, or injunctive relief from a court of competent jurisdiction in support of arbitration; or
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Bring an action in a court of competent jurisdiction relating to intellectual property infringement, misappropriation, or other intellectual property rights where permitted.
c. Pre-Arbitration Dispute Resolution
Before initiating arbitration, the party seeking relief should provide written notice describing the nature of the dispute and the requested resolution.
The parties will attempt in good faith to resolve the dispute informally before proceeding with arbitration.
If a dispute is not resolved to the satisfaction of either party within ten (10) business days following any required pre-arbitration conference or dispute-resolution process, either party may initiate arbitration.
d. Arbitration Procedure
If the dispute cannot be resolved informally and either you or Salt Strong, LLC intends to pursue legal action, the claiming party may file a demand for arbitration with JAMS.
The arbitration will be conducted pursuant to the applicable JAMS Comprehensive Arbitration Rules & Procedures and JAMS Consumer Arbitration Minimum Standards, as applicable and as modified by these Messaging Terms.
The applicable JAMS rules and information regarding initiation of arbitration proceedings are available through the JAMS website.
Except where applicable law provides otherwise, the arbitrator, rather than any federal, state, or local court or agency, will have exclusive authority to resolve disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.
This includes, but is not limited to, any claim that all or any portion of these Messaging Terms is void or voidable.
A court of competent jurisdiction may, however, enforce applicable pre-arbitration dispute-resolution requirements or grant temporary injunctive relief where permitted by law.
Subject to the applicable JAMS rules, the arbitrator may permit a reasonable exchange of relevant information by the parties consistent with the efficient nature of arbitration.
Unless otherwise mutually agreed, arbitration will take place in the county where you reside.
If the value of the relief sought is $10,000 or less, either you or Salt Strong, LLC may request that the arbitration be conducted by telephone, video conference, or written submissions, subject to the arbitrator's discretion and applicable JAMS rules.
Attendance at an in-person hearing may also be conducted by telephone or video conference if permitted by the arbitrator.
The arbitrator will decide the substance of all claims in accordance with the governing law identified in the applicable Fish Strong Terms & Conditions, together with applicable federal law and recognized principles of equity.
e. Class Action Waiver
YOU AND SALT STRONG, LLC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, TO THE EXTENT PERMITTED BY LAW.
Unless both parties agree otherwise or applicable law requires otherwise, the arbitrator may not consolidate or join the claims of more than one person and may not otherwise preside over any form of class, collective, consolidated, or representative proceeding.
The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to resolve that individual's claim.
Any relief awarded may not affect other persons or parties except where applicable law requires otherwise.
If this class action waiver is determined to be unenforceable with respect to a particular claim or requested form of relief, that claim or requested relief will be severed and handled in the forum required by applicable law.
The remaining provisions of this arbitration agreement will continue to apply to the fullest extent permitted by law.
YOU ARE GIVING UP THE RIGHT TO COMMENCE OR PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS TO THE EXTENT PERMITTED BY LAW.
f. Changes to Dispute Resolution Terms
If Salt Strong, LLC materially changes this Dispute Resolution section after the date you first agreed to these Messaging Terms, you may reject the revised dispute-resolution provisions by sending written notice within 30 days after the revised terms become effective.
Your rejection of a later amendment will not eliminate an arbitration agreement that previously applied.
Instead, disputes between you and Salt Strong, LLC will be governed by the version of the Dispute Resolution section that was in effect before the rejected amendment, to the extent permitted by law.
Written notices regarding dispute-resolution changes may be sent to:
Salt Strong, LLC
250 Magnolia Ave SW, Suite 218-22
Winter Haven, FL 33880
or by email to:
g. Severability
If any provision of these Messaging Terms is found to be invalid, illegal, or unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
If applicable law prevents enforcement of the arbitration or class-action limitations for a particular claim or form of relief, only that claim or form of relief will be severed and handled in the forum required by applicable law.
The remainder of these Messaging Terms will continue to apply to the fullest extent permitted by law.
Changes to These Messaging Terms
Salt Strong, LLC may update these Messaging Terms from time to time.
When changes are made, the updated version will be posted on the applicable Fish Strong website page and will include an updated effective date where appropriate.
Your continued participation in the Fish Strong messaging program after any changes become effective constitutes your acceptance of the updated Messaging Terms, except where additional consent is required by law.
Entire Agreement
These Messaging Terms, together with the Fish Strong Terms & Conditions and Fish Strong Privacy Policy, govern your participation in the Fish Strong messaging program.
If there is a conflict between these Messaging Terms and the general Fish Strong Terms & Conditions with respect specifically to the messaging program, these Messaging Terms will control to the extent of that conflict.