Effective Date: 03/08/2024
Cable bullet (hereinafter, "Cable Bullet," "We," "Us," "Our") is offering a mobile messaging service (the "Messaging Service"), which you agree to use and participate in subject to these mobile Messaging Terms and Conditions (the “Messaging Terms”) and Messaging Privacy Policy. By opting in to, or participating in any of our Messaging Services, you accept and agree to these terms and conditions, including, without limitation, your Messaging Terms to resolve any disputes with Us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Messaging Terms is limited to the Messaging Service, and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Messaging Service, you agree that the Messaging Terms applies to your participation in the Messaging Service.
Changes to the Messaging Terms
We may revise this Messaging Terms from time to time in our sole discretion. If there are any material changes to the Messaging Terms, we will notify you as required by applicable law and will update the effective date at the top of this page. You understand and agree that you will be deemed to have accepted the updated this Messaging Terms if you continue to use the Messaging Service after the new Messaging Terms takes effect.
User Opt In
Upon opting in, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Cable Bullet, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up, or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest, or imply, that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.
Further, you authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Cable Bullet or its service provider(s), for the duration of your business relationship, solely to help them identify you, or your wireless device, and to prevent fraud. See our Messaging Privacy Policy for how we treat your data.
User Opt Out
If you do not wish to continue participating in the Messaging Service or no longer agree to this Messaging Terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Messaging Service. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message Messaging Service may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Cable Bullet and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Other Terms and Policies
You also agree to our Messaging Privacy Policy, Cable Bullet Terms of Service and Primary Privacy Policy.
Messaging Service Description
Without limiting the scope of the Messaging Service, users that opt into the Messaging Service can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other promotional or transactional-related messages and sale of our products. Messages may include checkout reminders.
Message Frequency, Cost and Changes
Message and data rates may apply. You agree to receive messages periodically at Our discretion in accordance with the law. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.
Support Instructions
For support regarding the Messaging Service, text "HELP" to the number you received messages from or email Us at info@cablebullet.com. Please note that the use of this email address is not an acceptable method of opting out of the Messaging Service. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure
The Messaging Service will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty. The Messaging Service is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Messaging Service. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Access or Delivery to Mobile Network Is Not Guaranteed
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including, but not limited to, mobile network services, are outside of the control of Us, and We is not responsible or liable for issues arising from them.
Supported Devices
The Messaging Service is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and Our messages may not be deliverable in all areas. Cable Bullet, its service providers, and the mobile carriers supported by the Messaging Service, are not liable for delayed or undelivered messages.
Eligibility
You may not use or engage with the Messaging Service if you are under thirteen (13) years of age. If you use or engage with the Messaging Service and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Messaging Service, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Messaging Service, or are of adult age in your jurisdiction. By using or engaging with the Messaging Service, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Messaging Service.
The Messaging Service is limited to US residents only.
Prohibited Content
You acknowledge and agree to not send any prohibited content over the Messaging Service. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer Messaging Services, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability, and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITECH" Act); and
- Any other content that is prohibited by law in the jurisdiction from which the message is sent.
Cable Bullet will not be responsible for any information sent to Us in violation of these Messaging Terms.
Termination of Text Messaging
We may suspend or terminate your receipt of the Messaging Service for any reason, including if We believe you are in breach of these Messaging Terms. Your participation in the Messaging Service is also subject to termination if your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Messaging Service, with or without notice.
Dispute Resolution
In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript, or any other third-party service provider acting on Our behalf, to transmit the mobile messages within the scope of the Messaging Service, arising out of, or relating to, federal or state statutory claims, common law claims, the Messaging Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the Messaging Terms to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Warsaw, IN, before one arbitrator. No class actions. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS MESSAGING TERMS, YOU AND CABLE BULLET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Cable Bullet Company’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity, and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration Messaging Terms in accordance with the FAA. The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of an appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages, and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this Messaging Terms does not permit class arbitration, or any claims brought as a plaintiff, or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in this Messaging Terms, if Cable Bullet makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to 300 Eastlake Dr., Warsaw, IN 46580, United States, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Cable Bullet.
If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your Messaging Terms to participate in any of our Messaging Services.
State Law:
- Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Messaging Service: (1) your shipping address, as provided is located in Florida; or (2) the area code for the phone number used to opt-into the Messaging Service is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise Us in writing that you are a Florida resident by sending written notice to Us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including,, but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications), shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including, but not limited to, Sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
- New Jersey: in our efforts to comply with the New Jersey telemarketing law (as applicable to New Jersey residents), you agree that we may assume that you are a New Jersey resident if, at the time of opt-in to the Messaging Service, the area code for the phone number used to opt-into the Messaging Service is a New Jersey area code. You agree that the requirements of the New Jersey telemarketing statutes do not apply to you, and you shall not assert that you are a New Jersey resident, if you do not meet this criteria or, in the alternative, do not affirmatively advise Us in writing that you are a New Jersey resident. Insofar as you are a New Jersey resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from you (including, but are not limited to, response to Keywords, opt-in, help or stop requests and shipping notifications), shall not constitute an “unsolicited telemarketing sales call” or “telemarketing sales call” for purposes of New Jersey Statute Title 56, Chapter 8 (including but not limited to Section 56:8-128.), to the extent the law is otherwise relevant and applicable. Additionally, in efforts to comply with Section 56:8-128, we will state Our company name (or any D/B/A of Ours) at the start of every message We send to you.
- Washington: To the extent the law is relevant and applicable to the Messaging Service, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including, but not limited to, Sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Messaging Service, the area code for the phone number used to opt-into the Messaging Service is a Washington area code.
- Oklahoma: We endeavor to comply fully with the Oklahoma Telephone Solicitation Act of 2022 as applicable. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident and are currently located in the state of Oklahoma if, at the time of opt-in to Messaging Service, the area code for the phone number used to opt-into the Messaging Service is an Oklahoma area code. If the area code for the phone number used to opt-into the Messaging Service is not an Oklahoma area code, or, in the alternative, if you do not affirmatively send written notice to Us advising that you reside or are currently located in Oklahoma, you agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and further agree that you will not assert that you are an Oklahoma resident, nor assert you are located in the state of Oklahoma at the time of receiving a communication from Us. Insofar as you are an Oklahoma resident or are otherwise subject to the laws of Oklahoma, you agree: (1) that mobile messages sent by Us in direct response to any form of message or request from You (including but are not limited to responses to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to Sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable; (2) that you have only opted-in to the Messaging Service with one phone number and that We can rely on the fact that mobile messages sent to any other phone number are being sent to other persons; and (3) that you will opt-out of the Messaging Service prior to any termination of the phone number used to opt-into the Messaging Service and that without such opt-out we can rely on the fact that messages sent to the number are sent to you with your consent as described above.
Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Messaging Terms or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Messaging Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Messaging Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Messaging Service shall be subject to these terms unless explicitly stated otherwise in writing.
Contact
Cable Bullet
300 Eastlake Drive
Warsaw, IN 46580
574-742-2737