Mr. Hand Pay, LLC Terms of Use Agreement
Last Updated: August 12, 2024
This Terms of Use Agreement (“Agreement”) provides the terms and conditions by which you, as user, are bound by using this website, the webstore contained therein, and any associated portals, mobile applications, and platforms (collectively, “Website”). As used herein “Mr. Hand Pay” shall collectively refer to Mr. Hand Pay, LLC, and its managers, members, directors, officers, employees, attorneys, volunteers, independent contractors, parent companies, subsidiaries, and affiliated companies, including but not limited to Mr. Hand Pay Breaks Inc. and Mr. Hand Pay Casino & Travel Inc.. Use of the Website is provided by Mr. Hand Pay subject to the following terms and conditions:
1. Access and Purpose.
The content displayed on the Website is for entertainment purposes only. Mr. Hand Pay and its online personalities make no representations or warranties about game play outcomes or odds. Gambling isn’t for everyone and the odds are against you. Know your limits and only gamble with money that you can afford to lose. If you or someone you care about suspect your gambling may be out of control, you may find resources in your area at the National Council on Problem Gambling Helpline: 1-800-522-4700 (call or text) or ncpgambling.org/chat (online chat).
Don't gamble with money you cannot afford to lose! Please gamble responsibly!
A. General: By accessing, browsing, and/or otherwise using this Website, you acknowledge that you have read, understood, and agree to be legally bound to this Agreement, which is effective from your first visit. You agree to only use this Website only for lawful purposes. If you do not accept this Agreement or any of its component parts, please do not use this Website.
B. Age Restrictions: This Website is not intended to promote any products or services to any person under the age of 18. If you are under 18 years old, you are directed to stop using this Website immediately. Each brick and mortar casino, however, has its own age restrictions with some being age 18+ and some being age 21+ to enter and gamble. Mr. Hand Pay has no control over, and makes no representations and warranties, with regard to third-party casino age restrictions.
2. Webstore and Shipping.
A. General: The webstore user is referred to as “Buyer” throughout this section. It is Buyer’s responsibility to keep its account login and password confidential. Mr. Hand Pay will not assume any liability for any loss arising out of the loss or misuse of Buyer’s login and password. Mr. Hand Pay reserves the right to refuse service, delete accounts, remove content, and cancel orders at its sole and absolute discretion.
B. Age Restrictions: Mr. Hand Pay does not market or sell any products to persons under the age of 18, but rather to adults who may make purchases via a valid credit card. Confirmation of Buyer’s age may be required at the time of checkout.
C. Product Descriptions: Mr. Hand Pay strives to make product descriptions in the website as accurate as possible, however, we do not guarantee that such product descriptions are correct or accurate. If a product Buyer receives is not as it was described in the webstore, then Buyer’s only remedy is to return it in an unused condition. In such event, and pending the product is returned in an unused condition, Mr. Hand Pay will issue a refund.
D. Availability: Mr. Hand Pay’s pricing reflects great value because it strives to maintain a high level of inventory for all merchandise available in its webstore. Occasionally, demand surpasses supplies as stock is replenished. This may cause a slight delay in the shipping of merchandise. If a Buyer has a critical time frame for in which it is working, please contact us at orders@mrhandpay.com to verify the item is in stock or place orders in advance of the due date.
E. Risk of Loss: Mr. Hand Pay inspects all outbound shipments before they leave our facilities, however, Buyer and Mr. Hand Pay recognize that damage may occur during transit. Mr. Hand Pay utilizes third-party shipping carriers to deliver product orders placed on the webstore. When Mr. Hand Pay delivers an order to a third-party shipping carrier, Mr. Hand Pay no longer has any liability for that order or the contents therein, shipping times, and Buyer assumes all risk of loss. Mr. Hand Pay is not responsible for products damaged by the third-party shipping carrier or packages delivered, but not received by a Buyer. In the event Buyer does not receive an order, then Buyer must contact the shipping company and make a claim for lost and/or damaged products.
F. Return/Refund Policy: All returns must be pre-approved by Mr. Hand Pay. Please contact us at orders@mrhandpay.com to speak with a representative. Mr. Hand Pay will strive to replace defective items or items damaged prior to tender to a third-party shipping carrier, with the same or similar item, at no additional cost to Buyer. If no same or similar item exists, then Mr. Hand Pay shall issue a full refund to Buyer. Mr. Hand Pay will not honor a return or refund for a defective product if the product has been misused, neglected, or harmed in any manner outside of Mr. Hand Pay’s care and handling. Mr. Hand Pay shall not permit returns for Buyer’s convenience or any other reason not specifically noted herein.
G. Payments:
i. We prefer that customers pay for merchandise via MasterCard, Visa, Discover, American Express, or PayPal. Mr. Hand Pay does not accept payments via cash, check, or money order.
ii. All transactions are conducted in a secure environment to protect against fraudulent observation and or use. Mr. Hand Pay does not store your financial information on the web site such as credit card information. Any credit card information, or other sensitive information, collected by MrHandPay.com is first transmitted to Secure Socket Layer (SSL) technology and then encrypted in transmission. All authorized persons are required to keep information accessed via our database confidential. At our discretion, orders received over the phone or internet may require photo I.D. verification.
iii. ATTENTION PAYPAL CUSTOMERS: Hand Pay, LLC only ships to PAYPAL *CONFIRMED* addresses.
iv. Currency in which transactions on MrHandPay.com will be conducted is in United States currency.
3. Representations and Warranties.
A. THIS WEBSITE AND ANY INFORMATION FOUND ON IT ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. Mr. Hand Pay does not make any representations, warranties, guarantees, or endorsements, express or implied, regarding this Website or any of the content contained on it, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. Your exclusive remedy for dissatisfaction with this Website, for any reason, is to stop using the Website.
B. Hand Pay does not warrant that this Website will be uninterrupted or free of errors. Your use of this Website is entirely at your own risk. Mr. Hand Pay is not liable for ANY loss or damage, including property damage or personal injury, resulting from the use of this Website. Mr. Hand Pay is further not liable for damage caused by malware, viruses, worms, Trojan horses, or similar malicious programs (collectively, “malicious technology”).
C. HAND PAY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIRD-PARTY CASINOS, WEBSITES, AND/OR APPLICATIONS THAT MAY APPEAR OR BE FEATURED ON THE WEBSITE. YOUR EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE MR. HAND PAY IS TO STOP ENGAGING WITH MR. HAND PAY.
D. Hand Pay makes reasonable efforts to minimize the risk of Malicious Technology transmitted from this Website, however, absolute Website or Internet security cannot be guaranteed. Mr. Hand Pay further cannot control the actions of third parties and accepts no liability with regard to third parties. We recommend that you safeguard your personal computer and IT equipment before accessing and downloading information and files.
E. BY USING THIS WEBSITE, YOU IRREVOCABLY WAIVE ALL RIGHTS TO MAKE ANY CLAIMS AGAINST MR. HAND PAY FOR ANY LOSSES ARISING OUT OF VIEWING THE WEBSITE OR ANY CASINO ACTION THAT APPEARS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR OWN GAMBLING HABITS. MR. HAND PAY IS NOT RESPONSIBLE FOR YOUR GAMBLING HABITS, INCLUDING BUT NOT LIMITED TO YOUR FINANCES, WINS, OR LOSSES.
4. Modifications to Agreement. Hand Pay may, at its sole and absolute discretion, change, alter, or modify this Agreement from time to time. Your use of the Website indicates your acceptance of the Agreement at the time of use, subject to any and all changes, alterations, and modifications. No other course of conduct between Mr. Hand Pay and the user shall act to modify any provision of this Agreement. Mr. Hand Pay further reserves the right, in its sole and absolute discretion, to restrict, suspend, or terminate this Agreement or access to all or any part of this Website, at any time, for any or no reason, without prior notice, and without liability.
5. Modifications to Website. Hand Pay reserves the right, in its sole and absolute discretion, to change the content of the Website at any time without liability.
6. Website Content.
A. Hand Pay has taken reasonable precautions to make sure the content of this Website is accurate and legally correct at the time of appearance. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any and all information contained on, or available through, this Website. Mr. Hand Pay IS not liable for any loss or damage, including but not limited to, direct, consequential, special, or other damages, arising out of, or related to, your reliance on information contained on this Website, whether based on warranty, contract, tort, or any other legal theory.
B. In the event you are accessing this Website from a jurisdiction that does not permit certain limitations of liability for negligence, incidental, or consequential damages, then your liability is limited to the greatest extent permitted by law.
C. If you believe the content of any of our pages is inaccurate, please email: info@mrhandpay.com.
7. Third Party Websites. In the event that Mr. Hand Pay provides links or references to other websites (“Third Party Websites”) it does not mean that we approve of or endorse the views and information contained on the Third Party Website. Such links or references are made strictly as a convenience to you. Mr. Hand Pay does not make any warranties or representations, express or implied, and Mr. Hand Pay is not responsible for, and shall have no liability in relation to, the content of any Third Party Website. Mr. Hand Pay further does not guarantee the website security of any Third Party Website, including but not limited to whether such websites may contain Malicious Technology. Mr. Hand Pay is not liable for property damage or personal injury, or for damage caused by Malicious Technology on Third Party Websites that may be linked or referred to on this Website.
8. Intellectual Property.
A. All content appearing on this Website is protected by applicable copyrights, trademarks, service marks, trade secrets, patents, intellectual property, or other proprietary rights, regardless of whether registered, exclusively owned and controlled by Mr. Hand Pay, in all forms, media, and technologies, currently existing or hereinafter developed (collectively, “Content”). Mr. Hand Pay authorizes you to view and use the Content contained on this Website solely for your personal and noncommercial use, and no other purpose. You may use Content for private, noncommercial purposes including educational purposes, however, you may not copy, print, or amend the Content or use it for commercial purposes without Mr. Hand Pay’s express written consent. By using this Website, you agree that you will not store, distribute, license, sub-license, reproduce, modify, transmit, participate in the sale or transfer of, or create derivative works, in whole or in part, of any Content appearing on this Website. Framing, inlining, and mirroring this Website are not permitted. You further agree to not assert any claims of ownership, create, or perpetuate any lien, or otherwise encumber any Content by virtue of your use of this Website. You may request permission to otherwise use or reproduce Content contained on this Website by emailing info@mrhandpay.com. Mr. Hand Pay reserves the right, in its sole and absolute discretion, to grant or withhold any license to use any Content for any or no reason. If consent is granted, then attribution in subsequent use shall be attached in substantial form as follows: “Reproduced with permission from Mr. Hand Pay LLC.” In the event Mr. Hand Pay discovers that its Content is being used without its consent or in a manner inconsistent with its established rights, Mr. Hand Pay may make demands for removal to infringing party or applicable third parties, and may commence an action for all applicable actual and statutory damages or injunctive relief, as applicable.
B. In the event Content appearing on this Website contains the property of intellectual property owners other than Mr. Hand Pay, Mr. Hand Pay has secured applicable permission to use and reproduce such Content for its specific purpose from the original intellectual property owner. Such Content may not be further reproduced or used without the original intellectual property owner(s)’ written consent.
C. DMCA Agent for Copyright Complaints. Hand Pay respects the intellectual property rights of others and attempts to comply with all relevant laws. The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act is:
Bryan T. Kroes, Esq.
Hurtado Zimmerman SC
1011 N. Mayfair Road, Suite 204
Wauwatosa, WI 53226
9. Prohibited Uses.
A. No user may disassemble, decode, decompile, or otherwise reverse engineer the Website, including, without limitation, any interfaces or software comprising the Website.
B. No user may take any action that would impede or interfere with Website operation or otherwise alter Website content.
C. No user may use data mining or similar data gathering or extraction methods with regard to the Website or its users.
D. No user may use the Website for their own commercial purposes.
E. No user may use the Website directly or indirectly in competition with Mr. Hand Pay.
10. Conflicting Terms. If there is any conflict between this Agreement and rules or specific terms of use relating to specific material, then the latter shall prevail.
11. Communications with Mr. Hand Pay. As part of your use of the Website, Mr. Hand Pay may send you certain communication via e-mail or physical mail from time to time. Your agreement to receive such communications is a condition of your use of the Website pursuant to this Agreement.
12. Jurisdiction and Dispute Resolution. Mr. Hand Pay is based in the United States. If this Website is being accessed outside of the United States, you are responsible for ensuring compliance with the laws and regulations of your specific jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without respect to its conflict of law provisions. In the event of any dispute arising out of this Agreement, venue shall be in Wisconsin and you irrevocably agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting therein. You further agree that any cause of action arising out of or related to the Website must be commenced by you within one (1) year after the cause of action accrues, otherwise such action is permanently barred.
13. Mr. Hand Pay’s failure to enforce strict performance with any provision of this Agreement does not constitute waiver of any provision or it right to constitute a waiver of its right to subsequently enforce any contractual provision.
14. In the event any portion of this Agreement is determined to be invalid or unenforceable, that invalid or unenforceable portion may be severed, and the remainder of the Agreement shall remain in full force and effect.
15. Entire Agreement. This Agreement contains the entire agreement between you and Mr. Hand Pay and supersedes any and all preceding agreements, oral, written, or otherwise. Section headings are provided merely for convenience and shall not be given any legal import. This Agreement shall inure to the benefit of Mr. Hand Pay’ successors, assigns, licensees, sub-licensees, parent companies, subsidiaries, and affiliated entities.
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