Mobile Services Terms Of Use

Mobile Services TERMS OF USE

Last updated October 1, 2024 (ver. 1.2)

IMPORTANT: These Terms of Use (these “SMS Terms”) constitute an agreement between you and Envision Bullet, LLC dba “Bullet ATM” and its affiliates and related entities (collectively, “Bullet” or “we” or “us”).

Please read these SMS Terms carefully before using any Bullet websites, “kiosks” or automated teller machines (referred to as “ATMs”), mobile/tablet applications, loyalty programs, stored value cards and other online programs, and mobile messaging/SMS programs, or the materials, software and content available in or through them (altogether, “Services”).

By enrolling or otherwise agreeing to receive text messages from or on behalf of Bullet or by otherwise providing your phone number to Bullet, you agree to these SMS Terms, as well as Bullet’s and our Terms of Use and our Privacy Policy, which is incorporated herein by reference and can be viewed at the link provided here. If you do not agree to any of these SMS Terms, then please do not access or use any of the Services.

Notice Regarding Dispute Resolution: These SMS Terms contain provisions that govern how claims you and Bullet have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.

ADDITIONAL SMS TERMS

Certain services offered by through the Services, such as mobile apps, loyalty programs, sweepstakes and other similar offers, will be subject to additional SMS Terms of Use (these “SMS Terms”). Those SMS Terms will be presented in conjunction with the particular program or offer and will be binding on those who participate in those programs or offers. These SMS Terms will apply equally. Without limitation, the additional SMS Terms include the following:

• Privacy Policy
• Terms of Use

MINORS

The Services are not intended for use by anyone under age 18. We do not knowingly collect personal information or provide Services to any person under the age of 18. If a user submits personal information and is suspected of being younger than the age of 18, Bullet will terminate Services to that user and take steps to delete the information as soon as possible.

USERS AND ACCOUNTS

To use certain Services you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (d) notify Bullet if you discover or suspect that your account has been hacked or its security breached.

You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Services. We do not guarantee that the Services are accessible on any particular equipment or device or with any particular software or service plan.

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Services or any component of them and to block or prevent future access to and use of the Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Services will survive such termination.

PERSONAL USE ONLY

The Services are owned by Bullet and licensed to you for your personal, non-commercial use only. Except as expressly provided in these SMS Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the Services. You may not save or archive a significant portion of the material appearing in or on the Services. All rights not expressly granted herein are reserved by Bullet.

PRIVACY

Our Privacy Policy describes the data that we gather about or from users of the Services and how we process, use and share that data. Be sure to read it to understand these matters.

RESPONSIBLE USE OF THE SERVICES

You may use the Services for lawful purposes and in accordance with these SMS Terms. No other use is permitted. Without limiting the foregoing, you may not use the Services: (a) for any purpose that is unlawful or prohibited by these SMS Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the Services; or (d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Bullet in its sole discretion). YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BULLET AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE SMS TERMS.

PROVISION OR SUSPENSION/WITHDRAWAL OF THE SERVICES

You understand and agree that: (a) the Services may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current Services is subject to these SMS Terms; (b) we may decline to provide access to the Services or stop (permanently or temporarily) providing the Services (or any feature, program or content within the Services) to you or other users at our sole discretion, without notice or liability to you; and (c) if we disable access to your account, you may be prevented from accessing the Services, your account details, or any files or other content which are contained in your account.

LOCATION-BASED SERVICES

If you enable location-based services on your computer or mobile device in connection with your use of the Services, you expressly consent to Bullet collecting the geolocation (which may include specific longitude and latitude) of your device. This information will be used as set forth in our Privacy Policy, including to locate nearby Bullet locations and to provide specific advertising content or messages based on your location. Please see our Privacy Policy for further information and for details on how to opt-out of location information collection.

SOCIAL MEDIA ACCESS

If you choose the option to access or log-in to the Services through a third party social media service that you belong to, such as Facebook, Twitter, YouTube, and/or Instagram, you grant us permission to access and use the information that you post or store on the applicable social media service, in accordance with the privacy policy of that service and the privacy settings that are applicable to your account, and to store the user name and password you use to log-in to the applicable social media service. For more information on how we use the information we collect about you from these social media services, please review our Privacy Policy. For more details on how you can manage the information provided to us by these social media services, please review the privacy settings applicable to your account with the applicable social media service.

MOBILE ACCESS & TEXT MESSAGING SMS TERMS

USE OF MOBILE DEVICES

If you use a mobile device to access the Services, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Services; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional SMS Terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. See iPhone App End User Agreement and Android App End User Agreement. By accessing or using any Services via a mobile device, you agree to these SMS Terms and to any applicable SMS Terms of a mobile app you may use.

TEXT MESSAGING COMMUNICATIONS

ENROLLMENT & OPTING IN TO RECEIVE TEXT MESSAGES.

If you enroll in our text messaging (SMS) program, you will be asked to consent expressly — evidenced by provision of your mobile telephone number, specified prompted key word(s), or SMS/MMS or other text message affirmative response (e.g., Y or zip code) as your signature to agree to receive recurring marketing messages, including such messages sent through an automatic telephone dialing system, where such messages may be sent by us or our vendors to the mobile number you provided at opt-in.

• Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
• By enrolling, subscribing or otherwise using the Service, you acknowledge and agree that we will have the right to change and/or terminate the Service at any time, with or without cause and/or advance notice.

ELECTRONIC DELIVERY OF COMMUNICATIONS.

If you enroll in our text messaging (SMS) program, you agree to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your use of our Services. Communications include:

• SMS Terms of Use and policies you agree to, including updates to these agreements or policies;
• Account details, transaction receipts, confirmations, and any other Account or transaction information;
• Legal, regulatory, and tax disclosures or statements we may be required to make available to you;
• Responses to claims or customer support inquiries in connection with the Services; and
• Occasional advertisements regarding discounts and other promotional material.

We will provide these Communications to you by emailing them to you at the email address provided, communicating to you via instant messenger or chat platforms, and/or through other electronic communication such as text message or mobile push notification.

GENERAL SMS TERMS & DISPUTES.

SMS Communications:

• By providing your phone number Bullet, you consent to receive one or more automated texts at the phone number from which you texted or at the phone number you provided.
• We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator.

SMS MESSAGE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.

Without limitation our text messaging program is subject to these complete SMS Terms of Service, which contain provisions that govern how claims you and Bullet have against each other are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes on an individual basis, which will, subject to limited exceptions, require you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the Arbitration Section below.

OPTING OUT.

Legal Disputes and Arbitration Agreement 

You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program, or just texting STOP to the number from which you currently are receiving our text messages. You may receive additional communications confirming that your request has been received and processed, and you may continue to receive text messages for a short period while Bullet processes your request(s). In either case, you will receive one additional message confirming that your request has been processed. If you do not receive this confirmatory text message, please contact Legal@BulletATM.com for help. For all other help inquiries, please text HELP to the number from which you are currently receiving the Coupon Message.

YOUR OWN WIRELESS PLAN.

As always, message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact our wireless provider.

YOUR DUTIES FOR YOUR OWN PHONE NUMBER.

By opting in to Bullet’s SMS program or by otherwise providing your cell phone number to Bullet, you warrant that you are 18 years of age or older. You further represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program.  If you change or deactivate that number, you are responsible for notifying us at 1-361-282-2855 immediately.  Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages.

You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD BULLET HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

PARTICIPATION SUBJECT TO TERMINATION OR CHANGE.

We may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these SMS Terms. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.

UNITED STATES ONLY

The Services are intended for the lawful use only within the 50 United States, plus the District of Columbia and Puerto Rico. You are responsible for compliance with any local laws if you access or use the Services anywhere else.   All prices displayed on the Services are quoted in U.S. Dollars and are valid and effective only in the United States.

INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY

INDEMNITY

You agree to indemnify, defend, and hold harmless all Bullet entities and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your breach of these SMS Terms. Bullet reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if Bullet assumes defense and control, you agree to cooperate with our defense of an applicable claim. You agree not to settle any matter related to the Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.

DISCLAIMERS

To the maximum extent permitted by law, THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND ABOUT the Services, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. THE COVERED ENTITIES HAVE NOT MADE ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE Services. THE Services ARE PROVIDED AS IS, with all faults, AND AS AVAILABLE. THE COVERED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THOSE MENTIONED ABOVE.

THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY A THIRD PARTY OR BY YOU OR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, OR SOFTWARE. THE COVERED ENTITIES UNDERTAKE NO OBLIGATION TO ENFORCE THEIR POLICIES OR RIGHTS AGAINST ANY THIRD PARTY. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC. The Covered Parties are not responsible or liable for the conduct of any user of the Services.

LIMITATIONS ON LIABILITY

THE COVERED ENTITIES SHALL NOT BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, Statutory Damages or penalties, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF these types of DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION arising in connection with, out of, or as a result of (i) these SMS Terms or the Services, and (ii) any acts or omissions of any of the covered entities in connection with these SMS Terms or the Services. The only remedy available to you under these SMS Terms AND in connection with the Services is limited to the reimbursement of the currency you have paid for the Services.

For the avoidance of doubt, you irrevocably agree that any liability, including attorneys’ fees awarded under these SMS Terms, shall not exceed an aggregate limit of the amount of the currency paid to utilize the Services as liquidated damages regardless of the legal theory under which such liability is imposed.

If you do not agree to the limitation of liability then you are not authorized to utilize the Services.

LEGAL DISPUTES

In the event that you have a dispute with one or more other users, you hereby release the Covered Entities from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to these disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

EXCEPTIONS TO DISCLAIMERS AND EXCLUSIONS OF DAMAGES

If you live in a jurisdiction that does not allow disclaimer of warranties or exclusion of damages, the foregoing disclaimers and exclusions may not apply to you. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

TIMING OF CLAIMS

You must bring any claim you have against Bullet relating to these SMS Terms or the Services within one year from the date of accrual of the applicable claim.

LEGAL DISPUTES AND ARBITRATION AGREEMENT

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.

SMS 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 SMS Terms, including, but not limited to any claim that all or any part of these SMS 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 SMS 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 SMS Terms or the Services, and (b) any acts or omissions of any of the Covered Entities in connection with these SMS 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 4^th Street N, Suite 300
St. Petersburg, FL 33702

Any such notice should include the following:

1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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:

1. Your physical or electronic signature.
2. 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.
3. 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.
4. 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 4^th 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 SMS Terms by posting the amended SMS 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 SMS 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 SMS Terms. If you do not agree to the new SMS 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 SMS Terms. Otherwise, the new SMS Terms will take effect after thirty (30) days. Bullet employees do not have the right to modify these SMS Terms orally or otherwise. If any employee of Checker offers to modify the provisions of these SMS 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 SMS 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 SMS 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 SMS Terms and the SMS Terms and conditions incorporated in these SMS 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 SMS Terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected.

NO THIRD-PARTY BENEFICIARIES

These SMS 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 SMS Terms.

CONTACT BULLET

If you have questions regarding any of these SMS Terms, you can call us at 1-361-282-2855 or write to us care of Envision Bullet, LLC, 7901 4^th Street N, Suite 300, St. Petersburg, FL 33702.

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