Mr. Hankey Terms of Service

1.  Your Acceptance

Welcome to the Terms of Service for the Mr. Hankey website. This is an agreement (“Agreement”) between Safewayz, LLC (collectively “Mr. Hankey"), the owner and operator of the owner of the Mr. Hankey website and any services offered (collectively the “Site”) and you (“you”, “your” or “user(s)”), a user of the Site.  

Throughout this Agreement, the words “Mr. Hankey,”  “us,”  “we,” and “our,” refer to our company, Safewayz, LLC, as is appropriate in the context of the use of the words.    

By clicking “I agree” or accessing the Site you agree to be bound by this entire Agreement and the Privacy Policy.  We may amend this Agreement at any time and may notify you if we do so.  If you do not agree to be bound by this Agreement do not participate in our free trials or use any of our services offered. THIS AGREEMENT CONTAINS CLASS ACTION AND ARBITRATION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.

2.  User Accounts

In order to use some of our Site you may be required to register. We may collect personal information as outlined in our Privacy Policy. We have the final discretion in granting accounts and reserve the right to reject users without explanation.  You must provide truthful, accurate, up-to-date, and complete information when creating an account.  You are solely responsible for any activity made or occurring under your account.  If you believe your account has been compromised please contact us immediately.

We reserve the right to suspend or terminate your account for any reason; in the event of account suspension or termination we may provide you with an explanation for such suspension or termination.

3.  Access to Adult Materials

As our Site contains adult content and material you must meet a number of conditions, including the following:

  • You must be at least 18 years of age or, if a higher age exists to access adult content in your jurisdiction, you must be that age.  For example, in some jurisdictions it is illegal to access or purchase adult goods and services unless you are 21 years of age or older.

  • You must not violate any local laws, rules, or regulations by using or purchasing anything from our Site.  You solely are responsible for complying with any applicable local laws pertaining to your use of our Site.  By using the Site you represent and warrant that it is lawful to use the Site, access the Service, and purchase any products from the Site in your local jurisdiction.

  • You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Mr. Hankey, or yourself. 

Where you do not meet these conditions you must immediately cease using our Site.  You may not utilize this Site or order any products from us.

4.  Privacy

Please read Mr. Hankey’s Privacy Policy for more information regarding our collection and use of your information.

5.  Site Availability and Modification

Although we will attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time.  We reserve the right to alter, modify, update, or remove our Site at any time.  We may conduct such modifications to our Site for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications.  For example, we may provide updates to fix security flaws, or to respond to legal demands.  Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, legal, or other reasons.

6.  Third Party Links

The Site may contain links to third party websites that are not owned or controlled by Mr. Hankey. Mr. Hankey has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Mr. Hankey will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Mr. Hankey from any and all liability arising from your use of any third-party website.

7.  Your Conduct While Using The Site

When accessing or using our Site, you are solely responsible for your use and for any use of the Mr. Hankey Site made using your account.  You agree to abide by the following rules of conduct:

  • You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;

  • You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;

  • You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;

  • You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

  • You agree not to use the Site to stalk, harass, bully or harm another individual;

  • You agree that you will not hold Mr. Hankey responsible for your use of the Site;

  • You agree not to violate any requirements, procedures, policies or regulations of networks connected to Mr. Hankey;

  • You agree not to interfere with or disrupt the Site;

  • You agree to not violate any US laws while using the Site; and

  • You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but Mr. Hankey reserves the right to suspend or terminate any account at any time without notice or explanation.

8.  User Content

Your ability to submit or transmit any information through the Site, including but not limited to text, audio messages, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content.   You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted.  You understand that we cannot guarantee the absolute safety and security of any such User Content.  You agree that User Content submitted will not be false, fraudulent, deceptive, or misleading.  You represent and warrant that you have complied with Section 18 USC 2257 record keeping requirements and that all models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct contained in any User Content were at least eighteen (18) years of age at the time such content was produced. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Site may be modified, edited, or removed at our discretion. Mr. Hankey does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted.  You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect. 

When submitting any User Content to our Site you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.

When you submit any User Content to us, you grant Mr. Hankey, its partners, affiliates, users, representatives and assigns, a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, market, sub-license or use and reuse all or part of your User Content.  It is important for you to grant us this license so that we may transmit your User Content to other users through our Site and to share your User Content. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Site. 

9.  User Content Guidelines

User Content found on the Mr. Hankey Site does not necessarily reflect the opinions of Mr. Hankey.   We reserve the right but not the obligation to remove, delete, modify, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and with or without notice to you. Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content.

When submitting any User Content you agree to the following:

  • You agree not to post any User Content that depicts gratuitous violence, animal or child abuse, or encourages violence against others;

  • You agree not to post any User Content that contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;

  • You agree not to post any User Content that is considered spam;

  • You agree that all User Content shall conform with US federal and state laws related to obscenity;

  • You agree to only post User Content that you own or have licensed and you shall not post any User Content that is in violation of a third parties’ intellectual property rights; and

  • You agree not to post any User Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, or not up to community standards.

If you have violated any of our User Content Guidelines or if we believe that any User Content may harm the Site, your access to the Site may be suspended or terminated.

10.  Monitoring User Content

Please be aware that Mr. Hankey does not create or post any User Content. Mr. Hankey shall have the right, but not the obligation, to monitor all User Content on the Site at all times, including but not limited to any comment sections or feeds that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by us. Without limiting the foregoing, Mr. Hankey shall have the right, but not the obligation, to remove any User Content. For example, we may remove User Content if we believe it violates our content guidelines or if we believe that any User Content may harm our business interests or us. We have no obligation to retain or provide you with copies of any User Content.   If you believe that any User Content is inappropriate or does not comply with this Agreement please contact us immediately.

11.  Intellectual Property

The name “Mr. Hankey,” the design of the Mr. Hankey Site along with Mr. Hankey created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein ("Marks"), are owned by or licensed to Mr. Hankey.  The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Mr. Hankey reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Site unless we have given you express written permission.

12.  Idea Submission

Mr. Hankey or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Mr. Hankey. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Mr. Hankey’s products might seem similar to ideas you submitted to Mr. Hankey. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Mr. Hankey, without any compensation to you; (2) Mr. Hankey may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Mr. Hankey to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

13.  Product Disclaimer

MR. HANKEY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY THIRD PARTY VENDORS AND FULFILLMENT SERVICES AND ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE MR. HANKEY SITE AND SERVICES, AND ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY PRODUCTS. The products offered via the Site are provided for your private, personal, and non-commercial use only. THE PRODUCTS ARE NOT SUITED TO BE USED BY ANYONE UNDER THE AGE OF 18 OR THE MINIMUM AGE AS REQUIRED BY YOUR JURISDICTION.

14.  Community Standards

By using Mr. Hankey, accessing our Site, or purchasing any products from us, you affirm that you are familiar with your local community standards and that the sexually explicit materials which you choose to view on our Site are well within the contemporary community standards of acceptance and tolerance of your community for sexually explicit materials of that nature.

15.  Promotional Products

The Site may give away promotional products in accordance with our “Free Toy Guidelines” page.  Please be aware that you must comply with all rules stated on the “Free Toy Guidelines” page.  Additionally, you must comply with all your local laws when submitting a video.  We do not authorize or encourage you to post any videos that would be categorized as sodomy or obscenity in your local jurisdiction.  When creating any User Content, you will not state that you are associated with our Company or make any representations that you are a member, employee, agent, affiliate or have any authorization or endorsement by Mr. Hankey.

16.  Payment

In order to purchase any Mr. Hankey products you will be required to provide us with your credit card information.  Please be aware that all credit card information may be shared with our third party payment processors. When you purchase any products from our Site you authorize us to charge you payment method on file for the amount displayed.

17.  Taxes

Depending on the laws of your jurisdiction you may be taxed for any payments or purchases.  In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes, including Value Added Tax (VAT). Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you.  If you refuse to pay such taxes and the package is returned, you will not be provided with a refund and your item will be destroyed.

18.  Order Acceptance

All orders are subject to availability.  An order contract is not created until we accept and acknowledge your order and send you an order confirmation (“Order Confirmation”).  For this reason, you agree that even after you receive an Order Confirmation we may cancel your order without penalty.  Please be aware that any statements made by our customer service representatives or salespeople are non-binding in nature.  We reserve the right to refuse shipments of products to you and to cancel any orders for any reasons at any time.

19.  Returns and Refunds

At Mr. Hankey we want you to be satisfied with our products. However, we do not accept any refunds or returns on any shipped products.  If you have placed an order with us and your product has been manufactured but not shipped, we can provide you with a refund. All manufactured, non-shipped items are subject to a fifty percent (50%) restocking fee for each product in your order that was manufactured.  If you request a refund and your order has not been manufactured, we will provide you with a full refund with no restocking fee. Please be aware that for any refunds there may be additional processing time with your credit card company that may delay the posting of a credit on your account.

20.  Chargebacks

If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law.  We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.

21.  Credit Card Declines

Where your credit card has been declined after our products have been shipped to you.  You agree that we may resubmit your charge until such charge is fully paid, whether the charge is made as one additional charge or as installments.

22.  Shipping

At checkout you will be able to select from multiple shipping options.  Shipping is generally available in North America, and other locations as listed. Prices for each location may vary.  Standard shipping times will apply; if you have any questions regarding our shipping policies please visit our FAQ.  However, as we do not transport the products we cannot guarantee shipping times.  Before we can ship your order, Mr. Hankey must prepare your product and ensure quality control.   We recommend you check all shipments immediately once you have received them.  If you have any issues with your shipment, please contact us immediately.

23.  Risk of Loss

All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the third party shipping carrier.

24.  Product Issues, Availability, and Pricing

As our Site contains a number of products, it is possible that some of the products listed on our Site may be incorrectly priced, improperly labeled, or may be unavailable.  Additionally, other errors may be displayed on the product page. Although we try to keep all products on our Site available and on hand, there may be times where such products are unavailable.  Where you have ordered an unavailable product we will contact you and inform you that the product is unavailable, if you wish to continue with your purchase, your credit card will be charged and your order will be shipped to you once the product becomes available.  Please be aware that if you purchase a currently unavailable product there may be a significant delay before you receive such product.

Where a product's correct price is less than our stated price, you agree that we may charge you the lower price for the purchased product. If a product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. You agree that we are not obligated to provide you any products at an incorrect lower price, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.  Please be aware that pricing on any products may change at any time.

25.  Product Photos, Imperfections, Sizing & Likeness to Product Photos

Please be aware that all photos of any products sold on Mr. Hankey are for illustrative purposes only.  Although we use reasonable best efforts to ensure that our products are almost entirely similar to the photos offered on our Site, it is possible that some photos shown on our Site may not be entirely representative of the actual product.  The final products received by you may vary slightly in color, size, look, finish, or style.  Additionally, you should be aware that all sizing is approximate and not exact. 

There may be slight differences in appearance between toys, no two toys are identical. There may be slight marks or other imperfections  on our products that are not shown in product photos, this may be due to slight differences with our molds or this can be related to our release agents which are added to the molds and may create slight differences in textures, marks or slight imperfections between products. While every effort is made to ensure that each item is produced as close as possible to the items product photo, no item is ever an exact copy and the customer agrees to accept any minor difference in appearance on their item purchased from our shop. All items are handmade and it is not possible to avoid slight variances between products. If a customer claims that a product is defective due to an imperfection or other reason, the customer agrees that the Company shall ultimately determine if the product is defective in any way and shall determine if any action, such as replacement or refund, shall be issued.

26.  Limitation of Liability; Representations and Warranties

USE OF THIS SITE, THE SERVICE, AND ALL PRODUCTS AND ITEMS, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.

  • EXCEPT FOR ANY WARRANTIES AS EXPRESSLY PROVIDED BY ANY MANUFACTURERS OF PRODUCTS SOLD, THE SITE, THE SERVICES, ALL PRODUCTS AND ITEMS SOLD ON MR. HANKEY ARE PROVIDED "AS IS", “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

  • MR. HANKEY DOES NOT WARRANT THAT: (1) THIS SITE, ANY SERVICES OFFERED, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE UNINTERRUPTED, FREE FROM DEFECT, OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS SITE, THE SERVICE, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE CORRECTED; (3) THIS SITE, THE SERVICE, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS SITE, THE SERVICE, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE ACCURATE OR RELIABLE.

We try to keep our Site safe, secure, and properly functioning, but we cannot guarantee the continuous operation of or access to our Site. You agree that you are making use of our Site at your own risk, and that they are being provided to you on an "AS IS," “WITH ALL FAULTS,” and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, freedom from viruses, and non-infringement.

To the extent permitted by applicable law, we (including OUR officers, directors, agents, AFFILIATES and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of the Site, ANY related services, OR ANY PRODUCTS PURCHASED FROM THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. WHERE APPLICABLE, OUR MAXIMUM LIABILITY TO YOU SHALL BE LIMITED TO ONE-HUNDRED ($100) US DOLLARS OR THE TOTAL AMOUNT YOU HAVE SPENT ON PRODUCTS PURCHASED ON OUR SITE, WHICHEVER IS GREATER.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Mr. Hankey’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.  This section, any other disclaimers, and the indemnity section do not apply to New Jersey consumers, if you are a New Jersey consumer our liability to you shall be limited to the fullest extent permitted by law.

27.  Indemnity

You agree to defend, indemnify and hold harmless Mr. Hankey, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • your use of and access to the Mr. Hankey Site;

  • your violation of any term of this Agreement; or

  • any claim that your use of the Site or any Mr. Hankey products harmed you or a third party.

    This defense and indemnification obligation will survive this Agreement and your use of the Mr. Hankey Site. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

 

28.  18 USC 2257 Record Keeping Requirements Compliance Statement

All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct found on Mr. Hankey were at least eighteen (18) years of age at the time such content was produced.

All other visual depictions displayed on Mr. Hankey are exempt from the provision of 18 U.S.C. §2257, 2257A and/or 28 C.F.R. 75, because:

  1. they do not portray conduct as specifically listed in 18 U.S.C section 2256 (2)(A) (i) through (iv);

  2. they do not portray conduct as specifically listed in 18 U.S.C. section 2257A;

  3. they do not portray conduct listed in 18 U.S.C. section 2256(2)(A)(v) produced after July 27, 2006, or;

  4. are otherwise exempt because the visual depictions were created prior to July 3, 1995.

All records required pursuant to 18 U.S.C. §2257 pertaining to our Site and all materials depicted hereon, including the dates of production of all such materials, are on file with the Custodian of Records, Mr. Hankey, PO Box 740463 San Diego, CA 92174. 
 

29.  Copyrights

We take copyright infringement very seriously, and we shall comply with the Digital Millennium Copyright Act.  If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message, which contains:

  • Your name.

  • The name of the party whose copyright has been infringed, if different from your name.

  • The name and description of the work that is being infringed.

  • The location on our website of the infringing copy.

  • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.

  • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.

You must sign this notification and send it to our Copyright Agent: Copyright Agent of Mr. Hankey, support@mrhankeystoys.com.

30.  Age Compliance

The Site may only be used by persons 18 years and older.  If you are under 18 please stop using our Site and please do not submit any information to us.

31.  Choice of Law

This Agreement shall be governed by the laws in force in the state of California.  The offer and acceptance of this contract is deemed to have occurred in the state of California.

32.  Forum

Except to the extent contrary to applicable law, any dispute or claim between you have arising out of or relating to this Agreement or your use of the Site will be resolved by arbitration before a single arbitrator administered under the American Arbitration Association and its associated rules. The arbitration shall take place in San Diego, California and shall be conducted in English. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED (except for New Jersey residents), except to the extent such a limitation is prohibited by applicable law. All claims shall be arbitrated individually. Except to the extent contrary to applicable law, you shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, SAN DIEGO, CA.  Where a court rules that this arbitration provision is unenforceable or invalid, both Mr. Hankey and any user agree to resolve all legal disputes in a court of competent jurisdiction located within San Diego County, CA.

33.  Class Action Waiver

You and Mr. Hankey agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis.  You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

34.  Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

35.  Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with Mr. Hankey are deemed to conflict with each other’s operation, you agree that Mr. Hankey shall have the sole right to elect which provision remains in force. 

36.  Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

37.  Termination of Your Access

If we determine that any of your actions may harm Mr. Hankey, we may terminate or suspend your access to the Site without notice, though we will strive to provide a timely explanation in most cases.   If you wish to terminate your use of our Site, simply discontinue using the Site or notify us.    All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.  You agree that we are not required to provide you with access to our Site and may terminate our Site at any time and for any reason.

38.  Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

39.  Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.

40.  Electronic Communications

The communications between you and Mr. Hankey use electronic means, whether you visit the Site or send Mr. Hankey e-mails, or whether Mr. Hankey posts notices on the Site or communicates with you via e-mail.  For contractual purposes, you (1) consent to receive communications from Mr. Hankey in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Mr. Hankey provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

41.  California Users

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Mr. Hankey must be sent to our agent for notice to:  support@mrhankeystoys.com

Lastly, California users are also 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 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

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