Effective September, 2023
At Cable Bullet, we understand that our long-term success is tied to your satisfaction with our system, and our service. Our goal will always be to provide you with the best possible advice and supplies you need to confidently complete your cable rail project.
These Terms May Change
Cable Bullet reserves the right to update these terms without prior notice. Your continued use of our website and our products means you are agreeing to follow our terms and conditions as they stand. We encourage you to review our terms and conditions whenever you use this website.
Acceptance
By accessing or using the Website and Services, you acknowledge that you have read, understood, and accept these Terms and Conditions in their entirety. You also agree to comply with all applicable laws and regulations, including local laws of your jurisdiction.
User Eligibility
You must be at least 18 years old to use the website and services. By using the website and services, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into this agreement.
Rules of Conduct
You agree to use the website and services in a manner consistent with all applicable laws and regulations. You shall not engage in activity that:
- Violates the intellectual property of Cablebullet.com or any third party.
- Harasses, threatens, or discriminates against any other user.
- Impersonates any person or entity or misrepresents your affiliation with any person or entity.
- Contains viruses, malware, or any harmful code that may interfere with the proper functioning of the websites or services.
Website & Content Ownership
The content on Cable Bullet’s website, including without limitation, video, text, photos, and graphics, is protected under the United States and international copyright laws, and is owned by us or our licensors. Other than with respect to your own user submissions: (a) The content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors; and you must abide by all copyright notices, information, or restrictions contained in or attached to any content. We give you a personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use the services in the manner permitted by these terms. You acknowledge that you have no right to have access to all or any part of the content on our website.
Limitation
This section outlines the terms and conditions governing the limitations of liability for Cable Bullet (referred to as “Company,” “we,” “us,” or “our”) regarding your use of our website and any associated services.
As-Is-Basis
You acknowledge and agree that the website and its content are provided on an “as-is” and “as available” basis. We make no representations or warranties of any kind whether express, implied, or statutory, regarding the website’s operation or the accuracy, completeness, or suitability of its content.
Use at Your Own Risk
Your use of the website is at your own risk. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Exclusion of Damages
To the extent permitted by applicable law, in no event shall the company, its employees, directors, agents, or affiliates be liable for any indirect incidental, special, consequential, or punitive damages, or any loss of profits or revenues whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:
- Your access to or use of the website.
- Any unauthorized access to or use of our servers and/or personal information stored therein.
- Any interruption or cessation of transmission to or from the website.
- Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the website by any third party.
- Any errors or omissions in any content for any loss or damage incurred as a result of the use of any content posted, emailed transmissions, or otherwise made available via the website.
Maximum Liability
In no event shall our aggregate liability for all claims relating to the website exceed the greater of the amount paid by you to us in the past twelve months or one hundred U.S. dollars (USD $100).
Force Majeure
We shall not be liable for any failure or delay in the performance of our obligations under these terms due to causes beyond our reasonable control, including, but not limited to, acts of God, terrorism, war, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the website.
Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with Indiana Law. Any legal action or proceeding arising out of or relating to these terms or the website shall be exclusively brought in the federal or state courts located in Indiana, and you consent to the jurisdiction of such courts.
By accessing and using the website, you acknowledge and agree to the limitations of liability outlined in this section. These limitations may be updated from time to time, and it is your responsibility to review them periodically for any changes.
Privacy Policy
Your use of the website and services is also governed by our Privacy Policy. By using our website and services, you consent to the collection and use of your information in accordance with our Privacy Policy.
Right to Termination
We reserve the right to terminate or suspend your access to the website and services at its sole discretion, without prior notice, for any violation of these terms and conditions or for any other reason.
Feedback & Project Recommendations
We are always happy to offer feedback on our system and answer any questions we can about your project. However, a recommendation, materials estimate, or quote is not a guarantee. We cannot take the place of an on-site installer. Ultimately it is your responsibility to ensure the supplies ordered are sufficient to meet all project specifications, and that your finished project complies with all local building codes. If you have any concerns, please contact a professional builder or installer to assist with your project.
Cable Bullet and the International Residential Code (IRC)
System Limitations & IRC Guidelines
Properly installed, a Cable Bullet cable run can be tensioned to 150 lbs and support a 200 lb load mid-span per cable run.
It is our understanding that the IRC, 2021 Edition requires each individual cable be able to support at least 50 lbs, and that a one square foot area, i.e. three cable runs combined, supports 200 lbs.
Furthermore, the 2021 IRC also requires that a four-inch sphere not be able to pass through the space between your cable runs, wherein it does not specify a force driving the 4-inch sphere. It is our interpretation that the requirements set forth by the 2021 IRC, are to be applied sequentially, and not cumulative.
Cable Bullet cable rail is designed for residential interior and exterior railing infill only. We will not be held responsible for damages or injury due to improper installation, or failure in an application other than residential railing, and will not be held liable for anything beyond the cost of items purchased at their original purchase price.
Installation Guidelines for IRC Compliance
Cable Bullet installation instructions are designed to satisfy stricter interpretations of the 2021 IRC. To that end, we recommend spacing your cables no more than 3 inches apart and adding cable support every 3-1/2 to 4 feet. The distance between tensioning posts should be limited to 20 feet using 7x7 braid cable. Cable Bullet is designed for use with 5/32” diameter wire only (1/8" for vertical system). All testing is performed with type 316 stainless steel wire. Properly installed and tensioned to 150 lbs, a 50 lb load applied to a single cable mid-span, will cause the cable to deflect 1/4-inch per foot.
Because building codes and interpretations can vary by jurisdiction, it is the responsibility of the installer to verify that the finished railing complies with all local building codes. If you have any questions about your project, please contact your local building inspector before placing an order. The same holds true for any international building codes applicable outside of the United States.
Maintaining Optimal Performance
To maintain the optimal beauty and performance of your cable rail system we recommend inspecting your hardware every 3-12 months. The frequency with which you treat your railing will vary by project. Exterior applications in a salt-water environment will need to be regularly checked, cleaned, and treated using a marine-grade stainless steel cleaner and protectant. Interior railing may be cleaned and treated as needed. Cable Bullet will not be held liable for damage caused due to misuse or neglect on behalf of the installer or owner.
The internal tensioning mechanism should be lubricated every 12 months, or as needed, to maintain full tensioning capabilities. Re-tension your cables as needed using a 3/32-inch or 1/8-inch Allen key.
Distribution & Retail Sales
At Cable Bullet, we value a business model that is based on our sales and support directly to homeowners, contractors, and installers. Because of that, we strictly prohibit the resale of our products by any distributor or retailer through their website or storefront to the general public without prior written consent from Cable Bullet. Should a business be found offering such sales without consent, Cable Bullet reserves the right to deny all future sales to the offending business.
SMS/MMS Mobile Message Marketing Program Terms And Conditions
Cable Bullet (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program 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.
1. User Opt-In:
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. 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.
2. User Opt-Out:
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt-out of the Program. 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 platform 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.
3. Right to Termination
Cable Bullet reserves the right to update these terms without prior notice. Your continued use of our website and our product
4. Program Description:
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of Cable Bullet and affiliated products. Messages may include checkout reminders.
5. Cost and Frequency:
Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
6. Support Instructions:
For support regarding the Program, 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 program. Opt-outs must be submitted in accordance with the procedures set forth above.
6. MMS Disclosure:
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
7. Our Disclaimer of Warranty:
The Program 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 Program. 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.
8. Participant Requirements:
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with a text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
9. Age Restriction:
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform 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 Platform, 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 Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
10. Prohibited Content:
You acknowledge and agree to not send any prohibited content over the Platform. 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 programs, 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 (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
11. 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 Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Warsaw, Indiana before one arbitrator.
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’s principal 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 agreement in accordance with the Federal Arbitration Act (“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 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 THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class 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. 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 agreement to participate in any of our Programs.
12. 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 the Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program 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 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 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.
Washington:
To the extent the law is relevant and applicable to the Program, 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 Program, the area code for the phone number used to opt-into the Program is a Washington area code.
13. Miscellaneous:
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement 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 Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/cable-bullet-cable-rail-system/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/cable-bullet-cable-rail-system/privacy_policy).