| Mr. Hand Pay Breaks

Mr. Hand Pay Breaks Inc.

Terms of Use Agreement

Last Updated: November 29, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY FORM A BINDING CONTRACT BETWEEN YOU AND US.

This Terms of Use Agreement (“Agreement”) provides the terms and conditions by which you, as user and buyer (“You,” “Your,” “User,” or “Buyer”), are bound by using this website www.mrhandpaybreaks.com and any associated portals, mobile applications, and platforms (collectively, “Website”). As used herein “Breaks,” “We,” or “Us” shall collectively refer to Mr. Hand Pay Breaks Inc., and its managers, members, directors, officers, employees, attorneys, volunteers, independent contractors, parent companies, subsidiaries, and affiliated companies, including Mr. Hand Pay, LLC, Mr. Hand Pay Group Pull Inc., Mr. Hand Pay Casino & Travel Inc., and MHP Payroll LLC. Breaks is a separate and distinct entity from the aforementioned entities. User and Breaks may each individually be referred to as “Party” or collectively, “Parties.”

PLEASE NOTE THAT THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, BASED SOLELY ON YOUR OR OUR OWN ALLEGED LOSSES AND NOT ON A CLASS-WIDE, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF THE PLATFORM, YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN 30 DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THESE TERMS WITHIN THE SECTION ENTITLED “BINDING ARBITRATION AND CLASS WAIVER.” FURTHERMORE, BY USING THE PLATFORM AND/OR ANY SERVICES AND, IN SO DOING, ACCEPTING THESE TERMS: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS FOR YOUR OWN LOSSES AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, REPRESENTATIVE OR CONSOLIDATED PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

Use of the Website is provided by Breaks subject to the following terms and conditions:

Access and Purpose.
1. General. By accessing, browsing, purchasing, or attempting to purchase, Products from, 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, You are instructed not use this Website.
2. Participation Requirements. By making purchase on, or otherwise accessing and using, this Website, You represent that You are at least the age of majority in Your state or province of residence, or that You are the age of majority in Your state or providence of residence and You have given Us Your consent to allow Your minor dependent(s) to use this Website, including making purchases on it. You may be responsible for providing accurate onboarding information prior to making Your first purchase on our Website, including providing verification of identity and payment information. Breaks is not responsible for lost or undelivered Products due to errors in e-mail or physical address.
3. Purpose. Breaks offers a fun, collaborative, and affordable way to collect sports cards and memorabilia, including helmets, jerseys, and other collectables and items offered for sale on this Website (“Products”). Product sales are generally structured in one of four formats: 1) team format, 2) divisional format, 3) conference battle, or 4) personals.
4. Formats.
  1. Team Format. There are thirty-two teams total. Buyers can select their slot in one of the thirty-two teams and are guaranteed to receive a Product corresponding to their chosen team. The average cost is $30-250 per team. For card repacks, the average price is $20-$250 per team.
  2. Divisional Format. There are eight divisions total. Buyers can select their slot in one of the eight divisions and are guaranteed a Product corresponding to their chosen division. The average cost is $40-$300 per division. For card repacks, the average price is $10-$400 per division.
  3. Conference Battles. This is a 50/50 format in which the Buyer either picks the NFC (and in turn is assigned all sixteen teams in the NFC) or the AFC (and in turn is assigned all sixteen teams in the AFC). Buyers are guaranteed a Product corresponding to their chosen conference. The average cost is $250-500 per conference. For card repacks, the average cost is $50-500 per conference.
  4. Personals. In this format, a Buyer purchases a box for themself. The average cost is $500-1000 per box. For card repacks, the average cost is $75-600 per box.
5. How It Works.
  1. Select the Product and date of break from the Breaks Website. All breaks are scheduled and guaranteed to break at that date and time identified on the Breaks Website. If a break is a presale (meaning the Product has not yet been released), the Breaks website will indicate the schedule for that particular Break. As a condition of participating in a break, the Buyer must choose to participate in one of the formats identified in section D above and will make their selection as to team, division, conference, or personal.
  2. Upon making selection, the Buyer will secure their selection in the break by providing their personal information and payment information in Breaks’ secure payment portal. Buyer will not be able to participate in a break or be guaranteed any Product, and Breaks has no obligation to deliver any Product, in the event Buyer fails or refuses to make payment as requested.
  3. Tune in and share in the excitement! Breaks are always live at [insert URL]. Watch as the Products are broken open in real time during our livestream.
  4. You will be provided with the Product corresponding with Your selection together with everyone else who purchased a slot. Breaks will ship all Products to Buyer using the address provided at signup. Please ensure that address is correct and correctly entered. As Your order ships, You may receive an email providing the shipment tracking number(s). To see the detailed progress of Your shipment, click on the tracking number link provided in your email. Please note that tracking detail may not be active immediately with FedEx or any other carrier; in that case, check back in several hours or the following day. Tracking information and support is provided by our third-party service provider. We disclaim all liability in connection with tracking information or associated support. Please allow five to ten business days after the end of the live break to receive the Product. Please note that shipping dates are estimates. If the Buyer provides incorrect or partial information for delivery, this will delay and potentially preclude delivery.
6. Rules. Each break will be conducted according to these rules:
  1. We will only sell as many spots for each break as there are available Products, and no greater.
  2. All Products will be kept on screen during each livestream.
  3. All Products will be opened and shown during each livestream. We do not use physical randomization machines (i.e., Vending, gumball, pinball, or raffle drums).
  4. Each Buyer will be notified of the Product they obtained at the time the Product is selected.
  5. Market estimates of the value of Products are available upon request: info@mrhandpaybreaks.com.
Products.
1. Breaks has made every reasonable effort to display Products, including descriptions and images of our Products, as accurately as possible. We cannot guarantee, however, that Your computer monitor’s display of any color will be accurate.
2. All Product descriptions and pricing are subject to change at any time without any notice, at our sole discretion.
3. We reserve the right to discontinue any Product at any time.
4. Breaks reserves the right, but is not obligated, to limit our Products to any person, geographic region, or jurisdiction, which rights may be exercised on a case-by-case basis. Breaks also reserves the right to limit the quantities of any Products that We offer.
5. Any offer for any Product made on this Website is void where prohibited.
6. Breaks is not liable for any third-party modification, price change, suspension, or discontinuation of any Product.
7. Breaks reserves the right to refuse any order placed with Us. Breaks may limit or cancel quantities purchased per person, per household, or per order in our sole discretion and for any reason that We deem as fraudulent or otherwise in violation of this Agreement or any applicable rule or law. Breaks reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
8. If We make a change or cancel an order, We may notify You by contacting the e-mail address, billing address, and/or phone number provided by You when the order was made.
9. Unless otherwise indicated, the prices listed for Products on the Website not include sales tax, shipping, and handling charges. You will have the opportunity to review Product prices and the estimated sales tax, shipping, and handling charges prior to submitting your order or completing the checkout process. The final calculation of the actual sales tax collected, which will be calculated in accordance with the tax code of the jurisdiction to which the order will be shipped, will be reflected in your order confirmation e-mail, and packing slip. Except for sales tax, which is collected by Breaks, prices for products exclude all other taxes, duties, levies or fees, or other similar charges imposed on you by any taxing authority related to your order. You are responsible for payment of such taxes, duties, levies, fees, or other similar charges resulting from Your order (other than taxes imposed on Breaks income) and We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or charges. Notify Us promptly should you believe your order has a pricing error. Breaks reserves the right to change prices at any time.
Account Information and Billing.
1. As a condition to making purchases on, or otherwise accessing and using, this Website, You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update Your account and other information, including Your e-mail address, credit card numbers (including expiration date and security code), so that We may complete Your transactions and contact You as needed.
2. You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree and accept responsibility for all activities that occur under Your account or password.
3. You may not assign or otherwise transfer Your account to any other person or entity.
4. You acknowledge that Breaks is not responsible for third party access to Your account that results from theft or misappropriation of Your account.
5. Breaks and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at any time, and without notice, in our sole discretion.
6. When you pay with a credit or debit card, You must supply your card details to our secure payment portal. You agree to pay all fees and charges for each purchase you make through the Website. You agree that Breaks may pre-authorize and charge Your debit or credit card through Breaks’ service provider’s portal. We reserve the right to verify the identity of the credit or debit card holder by requesting appropriate documentation. Your purchase will be charged to your credit card once selection has been made in the break. If non-payment occurs due to a failed credit card transaction, then We may terminate the applicable order.
7. Credit card information You provide to Breaks is encrypted during transfer over networks and stored with Breaks’ payment service processor (“Payment Processor”) using its security protocols. See Payment Processor Agreement. Breaks does not store Your payment information on its systems and shall not have any responsibility for the safety or security of that information. By purchasing a Product from our Website, you consent and authorize our use of the Payment Processor to process your payment. We disclaim any and all liability with regard to any fees or issues You may have with our Payment Processor, and all such claims or demands shall be made directly to such Payment Processor.
8. Non payment related information and Comments that You provide may be transferred unencrypted over various networks.
Return and Refund Policy.
1. With the exception of damaged, defective, or Products received not as described (identified in subsection B herein), all sales and purchases made on our Website are final and non-refundable.
2. It is never our intention to deliver a Product not as described or in a damaged or defective state, however, unexpected occurrences and accidents do occasionally happen. If You receive a Product that is materially different from how the Product was described and sold on our Website, or it arrives in a damaged or defective state, then Breaks will process returns pursuant to the following policy:
  1. It is Your responsibility to notify Us within seven (7) business days of delivery of such Product by e-mailing Us at info@mrhandpaybreaks.com together with photographs and videos that allow Us to clearly evaluate the defective, damaged, or not-as-described state of the Product. If We do not receive notice of such damaged, defective, or not-as-described Product on or before seven (7) business days after delivery, then such sale is deemed final despite such damaged or incorrect state.
  2. Breaks reserves the right in our sole discretion to fully investigate all allegations regarding Products and respond accordingly, including the grant or denial of a request for refund. If We determine that a request for return and refund is made fraudulently or in bad faith, We reserve the right to deny such request for refund.
  3. In the event that We grant Your request for a return or refund, then We will send You a prepaid return shipping label. It is Your responsibility to package the Product at issue and tender the shipment to the carrier. This includes handling the Product carefully and shipping it in a safe and secure manner. Be sure to keep all shipping confirmation receipts and numbers. We are not responsible for granting a refund or accepting a return for an item which We do not receive or which We receive in a state materially different from how the issue was presented to Us.
  4. Given the unique nature of our business and the one-of-a-kind items We sell, We are generally unable to process a return and provide You with a like item. Instead, after We receive the Product at issue, We will provide You with a refund for the purchase price on the credit card You used to initially purchase the item. It is our policy to not issue credit or “bank” refunds towards future purchases. Most refunds are issued and processed within three (3) to ten (10) business days after We receive and process Your return. You are responsible for all fees and charges issued by Your financial institution.
Website Representations and Warranties.
1. BREAKS WARRANTS ITS PRODUCTS ARE OF THE TYPE AND QUANTITY SPECIFIED ON THE WEBSITE. ANY CLAIMS FOR DAMAGED, DEFECTIVE, OR NOT-AS-DESCRIBED PRODUCTS WILL BE SUBJECT TO OUR RETURN AND REFUND POLICY. THAT IS BUYER’S SOLE REMEDY FOR DAMAGED, DEFECTIVE, OR NOT-AS-DESCRIBED PRODUCTS. THIS WARRANTY DOES NOT APPLY TO ANY PRODUCT THAT HAS BEEN ALTERED, USED CONTRARY TO BREAKS’ INSTRUCTIONS, SUBJECT TO MISUSE, OR IMPROPERLY STORED. THIS WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THERE ARE NO OTHER WARRANTIES BEYOND THIS EXPRESS WARRANTY.
2. Breaks 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.
3. NO LIABILITY FOR CONDUCT OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT BREAKS IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD BREAKS LIABLE, FOR THE CONDUCT, CONTENT AND COMMERCIAL ACTIVITY OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, OTHER USERS, MERCHANTS, EVENT SPONSORS AND ANY PUBLISHERS ON THE PLATFORM AND/OR SERVICES, AND THAT THE RISK OF INJURY FROM YOUR INTERACTIONS WITH SUCH THIRD PARTIES ON OR AS A RESULT OF THE PLATFORM AND/OR SERVICES RESTS ENTIRELY WITH YOU.
4. TITLE AND RISK OF LOSS PASS TO BUYER UPON DELIVERY TO CARRIER. Breaks does not make any representations, warranties, guarantees, or endorsements, express or implied, regarding the DELIVERY OF PRODUCTS ONCE TURNED OVER TO CARRIER. your exclusive remedy for dissatisfaction with DELIVERY OF THE PRODUCTS IS TO MAKE A CLAIM WITH the CARRIER.
5. Breaks does not warrant that this Website will be uninterrupted or free of errors. Your use of this Website is entirely at your own risk. Breaks is not liable for ANY loss or damage, including property damage or personal injury, resulting from the use of this Website. Breaks is further not liable for damage caused by malware, viruses, worms, Trojan horses, or similar malicious programs (collectively, “malicious technology”).
6. Breaks makes reasonable efforts to minimize the risk of Malicious Technology transmitted from this Website, however, absolute Website or Internet security cannot be guaranteed. Breaks 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.
7. BY USING THIS WEBSITE AND PURCHASING PRODUCTS, YOU IRREVOCABLY WAIVE ALL RIGHTS TO MAKE ANY CLAIMS AGAINST BREAKS FOR ANY LOSSES ARISING OUT OF VIEWING THE WEBSITE OR INFORMATION THAT APPEARS ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO PRODUCT PURCHASES AND YOUR OWN PURCHASING HABITS. IN NO CASE SHALL BREAKS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACOTRS, ATTORNEYS, SUPPLIERS, SERVICES PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INLCUIDNG NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE PRODUCTS PROCURED USING THIS WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE PRODUCTS OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, EVEN IF ADVISED OF THEIR POSSIBILITY. AS SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES OR JURISDICTIONS.
8. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1 (800) 952-5210.
You agree to indemnify, defend, and hold harmless Breaks and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, attorneys, licensors, services providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your breach of this Agreement or Your violation of any law or the rights of Breaks or any third party.
Modifications to Agreement. Breaks may, at its sole and absolute discretion, change, alter, or modify this Agreement from time to time. Your continued use of the Website, including making purchases and submitting information on the Website, indicates Your acceptance of the Agreement at the time of use, subject to any and all changes, alterations, and modifications. It is your responsibility to check the current Terms of Use posted on this Website prior to accessing the Website or purchasing any Products. No other course of conduct between Breaks and You shall act to modify any provision of this Agreement. Breaks 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.
Modifications to Website. Breaks reserves the right, in its sole and absolute discretion, to change the content of the Website at any time without liability. Any features, tools, or Products added to the Website after the date of publication of this Agreement are subject to this Agreement.
Website Content.
1. Breaks 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.
2. ANY RELIANCE ON THE INFORMATION CONTAINED ON THIS WEBSITE IS AT YOUR OWN RISK. IT should NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE, OR MORE TIMELY INFORMATION SOURCES.
3. Breaks 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.
4. 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.
5. If You believe the content of any of our pages is inaccurate, please email: info@mrhandpaybreaks.com.
Errors, Inaccuracies, and Omissions. Occasionally there may be information on this Website or in the Products that contain typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times, and availability. Breaks reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information, or cancel orders if any information on the Website or in the Products is inaccurate at any time and without prior notice (including after You have submitted an order). Breaks undertakes no obligation to update, amend, or clarify information on the Website or Products, including without limitation, pricing information and Product descriptions, except as required by law. No specified update or refresh date applied on the Website or with regard to Products may be deemed to indicate that all information on the Website or with regard to Products has been modified or updated.
Third-Party Websites. In the event that Breaks provides links or references to other content, Products, services, and websites (“Third-Party Content”) it does not mean that We approve of or endorse the views and information contained on the Third-Party Content. Such links or references are made strictly as a convenience to You. Breaks does not make any warranties or representations, express or implied, and Breaks is not responsible for, and shall have no liability in relation to, the content of any Third Party Content. Breaks is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third Party Content. Please review all policies applicable to the Third-Party Content to ensure that You understand them before engaging in any transaction with Third Party Content. Breaks further does not guarantee the website security of any Third-Party Content, including but not limited to whether such websites may contain Malicious Technology. Breaks is not liable for property damage or personal injury, or for damage caused by Malicious Technology on Third Party Content that may be linked or referred to on this Website. Complaints, claims, concerns, or questions regarding Third Party Content should be directed to such third party.
Intellectual Property.
1. Hand Pay is a registered trademark of Breaks affiliate, Mr. Hand Pay LLC. Mr. Hand Pay Breaks is a trademark of Mr. Hand Pay Breaks Inc. 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 Breaks, in all forms, media, and technologies, currently existing or hereinafter developed (collectively, “Content”). Breaks 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 Breaks’ 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@mrhandpaybreaks.com. Breaks 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 Breaks Inc.” In the event Breaks discovers that its Content is being used without its consent or in a manner inconsistent with its established rights, Breaks 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.
2. In the event Content appearing on this Website contains the property of intellectual property owners other than Breaks, Breaks 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.
3. DMCA Agent for Copyright Complaints. Breaks 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
  bkroes@hzattys.com
  
  If You believe that Your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our DMCA Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that You claim has been infringed; (c) a description of the location on the Website of the material that You claim is infringing; (d) Your address, telephone number and e-mail address; (e) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf. Before You file your notice, please carefully consider whether the use of the copyrighted material at issue is protected by the Fair Use doctrine. If You file a notice when there is no infringing use, You could be liable for costs and attorneys’ fees.
  
  If You have a claim related to trademarks, patents, intellectual property, or any other matter other than copyright, please also contact our DMCA Agent. Please provide detailed information regarding the nature of Your complaint, including but not limited to Your name and contact information, the subject matter of the complaint, and any additional information that We may require to review the matter and take action (or take no action) as may be appropriate. Please be advised that We may share the details of your complaint with the user that owns the content that is the subject of your complaint, or with appropriate authorities (including law enforcement authorities) if We, in our sole discretion believe that such action is necessary, or if we are obligated to do so by law.
Personal Information. Breaks’ Privacy Policy governs the submission of personal information through this Website and via purchases. Please review that document for full information.
User Submissions.
1. Breaks does not accept unsolicited submissions for ideas, Products, services, promotions, or other elements of our business. If You should send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, postal mail, or otherwise, such information will be unopened and rejected.
2. In the event You send or submit comments, feedback, or other narratives that are not creative ideas, suggestions, proposals, or plans (collectively, “Comments”), then You agree that Breaks may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium such Comments. Breaks is under no obligation to: (1) maintain any Comments in confidence, (2) to pay compensation for any Comments, or (3) to respond to any Comments. In submitting Comments, You agree that Your Comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that Your Comments will not contain any libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of this Website, any affiliated website, or our Products. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Breaks or third parties as to the origin of Comments. You are solely responsible for all Comments You make and their accuracy. Breaks has the right, but not obligation, to monitor, edit, or remove Comments that We determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, objectionable, or that violate any party’s intellectual property or this Agreement. Breaks takes no responsibility and assumes no liability for any Comments posted by Users or any third party.
Prohibited Uses. In addition to the other prohibitions set forth in this Agreement, Users are prohibited from using this Website or its content as follows:
1. For purpose or use that would violate, or promote the violation of, the laws in the jurisdiction in which Breaks or You are located.
2. To disassemble, decode, decompile, or otherwise reverse engineer the Website, including, without limitation, any interfaces or software comprising the Website.
3. To take any action that would impede or interfere with Website operation or otherwise alter Website content.
4. To use data mining or similar data gathering or extraction methods with regard to the Website or its Buyers.
5. To upload or transmit viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-site attacks, packet or IP spoofing, forged routing, or electronic mail address information, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, any related websites, or the Internet.
6. To spam, phish, pharm, pretext, spider, crawl, or scrape any part of the Website for any purpose.
7. Disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to host or support the Website; or (ii) the enjoyment of the Website by any other person.
8. Attempt to gain unauthorized access to the computers, servers, or networks connected to the Website by any means other than the user interface provided by Breaks, including but not limited to circumventing or modifying, or attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Website.
9. Attempt to probe, scan, or test the vulnerability of the Website or breach any security or authentication measures.
10. For any obscene or immoral purpose which may be deemed as such in the sole discretion of Breaks.
11. To interfere with or circumvent the security features of the Website, any related websites, or the Internet.
12. To use the Website for Your own commercial purposes.
13. To use the Website directly or indirectly in competition with Breaks.
14. To solicit others to perform or participate in any unlawful acts.
15. To cheat or gain an impermissible competitive advantage over others in any break.
16. To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.
17. To infringe upon or violate the intellectual property rights of Breaks, its affiliated companies, or any others.
18. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
19. To transmit or disseminate any material or content that is pornographic, dehumanizing, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, or illegal.
20. To submit false or misleading information.
Breaks reserves the right to terminate any Buyer’s use of the Website or any related website, at any time and without notice, for violating any of the above-noted prohibited uses.
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. Any ambiguities in the interpretation of this Agreement shall not be construed against Breaks.
Communications with Breaks.
1. As part of Your use of the Website, including by entering Your contact information, including phone number, physical address, and e-mail address in the checkout and initializing a purchase, subscribing via our subscription form or a keyword, You agree that Breaks may send You certain communication via e-mail, text message, 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, however You acknowledge that consent is not a condition for any purchase.
2. If You wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from Us or use the “Unsubscribe” link We provide to You within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be deemed as a reasonable means of opting out. Message and data rates may apply.
3. Questions or comments about this Agreement or Breaks’ marketing should be sent to info@mrhandpaybreaks.com.
Termination. The obligations and liabilities of the parties to this Agreement incurred before the termination date, for any reason, shall survive the termination of this Agreement for all purposes. This Agreement is effective unless and until terminated by either You or Us. If in our sole judgment, You fail, or We suspect that You have failed, to comply with any term or provision of this Agreement, We may also terminate this Agreement at any time and without notice, and You will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny You access to our Products (or any part thereof).
Force Majeure. Breaks shall not be liable for its failure to perform hereunder, including hosting or airing a break, or shipment of Products, due to any occurrence that is beyond its control, including without limitation, acts of god, fires, floods, wars, civil unrest, sabotage, accidents, labor disputes or shortages, virus, bacteria, public health emergency, pandemic, governmental laws, ordinances, rules and regulations, whether valid or invalid (including but not limited to priorities, requisitions, allocations, and price adjustments), inability to obtain material, equipment, or transportation, and any other similar or different occurrence. In no event shall Breaks be obligated to purchase material from others in order to enable it to deliver material to Buyer.
Jurisdiction. Breaks 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.
Arbitration. You 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. ALL DISPUTES THAT CANNOT BE RESOLVED BETWEEN BREAKS AND the BUYER, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE AT LAW OR IN EQUITY FOR DAMAGES OR ANY OTHER RELIEF, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, PURSUANT TO THE FEDERAL ARBITRATION ACT, CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR, AND ADMINISTERED BY the AMERICAN ARBITRATION ASSOCIATION, OR SIMILAR ARBITRATION SERVICE SELECTED BY THE PARTIES IN MILWAUKEE COUNTY, WISCONSIN. THE ARBITRATOR’S AWARD SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ANY COURT HAVING JURISDICTION. IN THE EVENT THAT ANY LEGAL OR EQUITABLE ACTION, PROCEEDING, OR ARBITRATION ARISES OUT OF OR CONCERNS THESE TERMS AND CONDITIONS, THE PREVAILING PARTY OR PARTIES, AS MAY BE PROPORTIONATELY ALLOCATED BY THE FINDER OF FACT, SHALL BE ENTITLED TO RECOVER THEIR COSTS AND REASONABLE ATTORNEYS’ FEES.
CLASS ACTION WAIVER. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS/REPRESENTATIVE/COLLECTIVE ACTIONS ARE NOT PERMITTED. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH OTHER’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORENY GENERAL ACTION AGAINST THE OTHER. FURTHER, UNLESS BOTH PARTIES AGREE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE CLASS PROCEEDING.
Opt-Out of Arbitration and Class Action. WHILE YOU MUST AGREE TO THESE TERMS OF USE IN ORDER TO USE THE WEBSITE, IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR WEBSITE THERE IS AN OPTION, DESCRIBED BELOW, TO OPT OUT OF THE ARBITRATION AND CLASS WAIVER PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO 30 DAYS AND REQUIRES YOUR IMMEDIATE ATTENTION.

PROCEDURE TO OPT OUT OF ARBITRATION: IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF THE WEBSITE, YOU MUST, WITHIN 30 DAYS OF ACCEPTING THE TERMS AND ENTERING THIS ARBITRATION AGREEMENT, SEND AN E-MAIL FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT TO INFO@MRHANDPAYBREAKS.COM CONTAINING YOUR FULL NAME, ADDRESS, AND THE WORDS “OPT OUT” IN THE SUBJECT LINE OF THE EMAIL AND AN UNEQUIVOCAL STATEMENT THAT YOU WANT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU OPT OUT OF THIS ARBITRATION AGREEMENT, ALL OTHER PARTS OF THESE TERMS WILL CONTINUE TO APPLY TO YOU. OPTING OUT OF THIS ARBITRATION AGREEMENT HAS NO EFFECT ON ANY OTHER ARBITRATION AGREEMENTS THAT YOU MAY CURRENTLY HAVE, OR MAY ENTER IN THE FUTURE, WITH US. EMAILS SENT TO OPT-OUT MORE THAN 30 DAYS AFTER ACCEPTING AND ENTERING THIS ARBITRATION AGREEMENT SHALL NOT BE EFFECTIVE.
Waiver. Breaks’ 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.
Assignment. This Agreement and Your rights and obligations hereunder may not be assigned, delegated, or transferred by You, either in whole or in part, without the express prior written consent of Breaks, and any purported assignment, delegation, or transfer in violation hereof shall be void. Breaks may freely assign this Agreement.
Severability. 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.
Entire Agreement. This Agreement contains the entire agreement between You and Breaks and supersedes any and all preceding agreements, oral, written, or otherwise, including but not limited to any prior versions of this Agreement. Section headings are provided merely for convenience and shall not be given any legal import. This Agreement shall inure to the benefit of Breaks’ successors, assigns, licensees, sub-licensees, parent companies, subsidiaries, and affiliated entities.

WEB ACCESSIBILITY STATEMENT

GENERAL

Mr. Hand Pay Breaks Inc. cares about all of our customers and is further committed to facilitating and improving the accessibility and usability of our Website, www.mrhandpaybreaks.com, associated portals, mobile applications, and platforms (the "Website"), including ensuring that our Website services and content are accessible to persons with disabilities including, but not limited to users of screen reader, voice recognition, or other kinds of assistive technologies. To accomplish this, we have implemented technology that will enable and maintain accessibility in-line with the Web Content Accessibility Guidelines (WCAG), as amended from time-to-time, which also brings the Website into conformance with the Americans with Disabilities Act of 1990.

Initial accessibility work has been completed and text equivalents have been applied, such as alternative text, captions, and transcripts to images and videos so that users who cannot see or hear, have text equivalents with which to interact. We will continue to monitor our Website and make accessibility updates as and when needed.

DISCLAIMER

Please be aware that our efforts to maintain accessibility and usability are ongoing and evolving with the addition of frequently-added content, together with modifications to applicable law. While we strive to make the Website as accessible as possible, some issues may be encountered by different assistive technologies as the range of assistive technologies is wide and varied.

CONTACT US

If, at any time, you have specific questions or concerns about the accessibility of the Website or any particular web page on the Website, then please contact us by e-mail at info@mrhandpaybreaks.com. When contacting us, please be sure to specify the web page and nature of the issue, or the information for which you seek clarification, and we will make all reasonable efforts to make that page or the information contained therein accessible for you, consistent with applicable law.

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