LEGAL DISPUTES AND ARBITRATION AGREEMENT
Last updated October 1, 2024 (ver. 1.0)
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY PRE-DISPUTE RESOLUTION, BINDING ARBITRATION AND A CLASS ACTION WAIVER. IRRESPECTIVE OF ANY LAW TO THE CONTRARY, YOU MUST PROVIDE NOTICE TO BULLET, PURSUANT TO THE PROCEDURES SET FORTH IN THIS SECTION, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM SHALL BE WAIVED AND TIME-BARRED.
INITIAL DISPUTE RESOLUTION
We are available by email at Legal@BulletATM.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
For any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company, or the Company’s employees, agents, affiliates, subsidiaries, successors, representatives, or assigns (“Dispute(s)”) with Bullet, you must first send your name, address, telephone number, email address, and sufficient information for Bullet to identify any transaction at issue; a detailed description of your Dispute; and the nature and basis of your claims and the relief sought to the following email address: Legal@BulletATM.com. You and Bullet agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone conference between you and Bullet. If either party to the Dispute is represented by counsel, that party’s counsel may participate, but the party also must personally appear at and participate in the conference. This process should lead to resolution of the Dispute, but if the matter is not resolved within sixty (60) days after Bullet’s receipt of the written description detailed above, you and Bullet irrevocably agree to the further dispute resolution provisions below. This time period will start to run upon receipt of the information referenced above.
This informal dispute resolution process is a condition precedent to the commencement of any formal proceeding in arbitration or small claims court. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled for the time period while the parties engage in this informal process.
TERMS OF SERVICE AND BINDING ARBITRATION AGREEMENT
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is concluded pursuant to the preceding paragraph, then either party may initiate binding arbitration to resolve any and all Dispute(s). As a material inducement to utilize the Services, all claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS on a non-confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BULLET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267 www.adr.org or by calling the AAA at 1.800.778.7879. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Notwithstanding the foregoing, issues related to the scope, validity, and/or enforceability of this arbitration agreement are for a trial court to decide.
CLASS ACTION WAIVER
The parties further agree that any arbitration—and any suit that, for any reason whatsoever, is deemed not covered by or subject to the above arbitration agreement—shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
EXCEPTION – SMALL CLAIMS COURT CLAIMS
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
EXCEPTION—CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT (PAGA) ACTION.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act
30 DAY RIGHT TO OPT OUT
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to the following email address: Legal@BulletATM.com. The notice must be sent within thirty (30) days of registering to use the Services, otherwise you shall be bound to arbitrate disputes in accordance with the Terms of those Sections. If you opt-out of these arbitration provisions, Bullet also will not be bound by them.
EXCLUSIVE VENUE FOR LITIGATION
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Broward County, FL (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Broward County, FL for any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in Broward County, FL for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Broward County, FL over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Services, and (b) any acts or omissions of any of the Covered Entities in connection with these Terms or the Services.
PATENT, COPYRIGHT AND TRADEMARK
Unless otherwise noted, all materials published in or through the Services are protected as the patents, copyrights, trade dress, trademarks and/or other intellectual property of Bullet or its licensors. You may not remove or alter any copyright, trademark or other proprietary right notice in the Services. All rights not expressly granted are reserved.
Bullet is strongly committed to respecting intellectual property and other rights. As set forth in the following paragraphs, we have a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers in appropriate circumstances. To report a problem other than patent, copyright or trademark infringement, please email MobileCSR@BulletATM.com. We may, in our sole discretion, limit, suspend, or terminate and user’s access or account, delay or remove Content, and take technical and legal steps to keep users from using the Services, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) POLICY
Bullet will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. We also will, in appropriate circumstances, terminate the accounts of registered users whom we find to be repeat infringers. We also may, in our discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.
If you believe your copyright has been infringed, you should submit notice to:
Envision Bullet, LLC
7901 4th Street N, Suite 300
St. Petersburg, FL 33702
Any such notice should include the following:
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If a notice of copyright infringement has been filed against material posted by you, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Broward County, FL U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If we receive a valid counter-notification, we may reinstate the removed or disabled material in accordance with the DMCA.
LINKS
Links provided within the Services will allow you to connect to other websites and services that are not under Bullet’s control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
ERRORS AND INACCURACIES
The Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s or mobile device’s display of color or other product features is accurate.
SUBMISSIONS
Bullet does not seek or accept unsolicited ideas. By submitting any material to us through any of the Services, you expressly grant to Bullet and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Bullet and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification”), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Services is Envision Bullet, LLC, 7901 4th Street N, Suite 300, St. Petersburg, FL 33702. To file a complaint regarding the Services or to receive further information regarding use of the Services, send a letter to the above address or contact Bullet via e-mail at Legal@BulletATM.com (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
CHANGES/UPDATES
We will notify you of changes to these Terms by posting the amended Terms on the Bullet website at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will also notify you of material changes to these Terms by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to these Terms. If you do not agree to the new Terms, you should stop using the Services, and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us at MobileCSR@BulletATM.com and you will not be bound by the new Terms. Otherwise, the new Terms will take effect after thirty (30) days. Bullet employees do not have the right to modify these Terms orally or otherwise. If any employee of Checker offers to modify the provisions of these Terms except using the process described above, he or she is not acting as an agent for Bullet or speaking on our behalf.
MISCELLANEOUS
APPLICABLE LAW
These Terms constitute a contract made solely over the Internet and you agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Bullet relating to use of any aspect of the Services.
ENTIRE AGREEMENT
These Terms and the Terms and conditions incorporated in these Terms by reference are the entire agreement between you and Bullet.
SEVERABILITY
Except as provided in the Arbitration provisions herein above, if any provision of these Terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected.
NO THIRD-PARTY BENEFICIARIES
These Terms are between you and Bullet. There are no third-party beneficiaries.
WAIVER
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
CONTACT BULLET
If you have questions regarding any of these Terms, you can call us at 1-361-282-2855 or write to us care of Envision Bullet, LLC, 7901 4th Street N, Suite 300, St. Petersburg, FL 33702.
© 2023 Envision Bullet, LLC
All rights reserved.