(Effective as of March 1st 2023)
Welcome to HapticMonkey.com (THE SERVICE) which is owned and operated by Haptic Monkey, LLC (THE COMPANY). The following TERMS OF SERVICE apply when you view or use THE SERVICE via our website located at HapticMonkey.com or by accessing THE SERVICE through clicking on the Haptic Monkey application (the "App") on your mobile device. Please review the following terms carefully. By accessing or using THE SERVICE, you signify your agreement to these TERMS OF SERVICE. If you do not agree to these TERMS OF SERVICE, you may not access or use THE SERVICE.
Any user who signs up for THE SERVICE will create a personalized account which includes a unique email and a password to access THE SERVICE and to receive messages from THE COMPANY. You agree to notify THE COMPANY immediately of any unauthorized use of your password and/or account. THE COMPANY will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use THE SERVICE is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
A breach or violation of any of the Terms will result in an immediate termination of your Services.
When you create your own personalized account, you may provide content (USER CONTENT). You are solely responsible for the USER CONTENT that you post, upload, link to or otherwise make available via THE SERVICE. You agree that THE COMPANY is only acting as a passive conduit for the online distribution and publication of your USER CONTENT. THE COMPANY, however, reserves the right to remove any USER CONTENT from THE SERVICE at its discretion.
The following rules pertain to USER CONTENT. By transmitting or submitting any USER CONTENT while using THE SERVICE, you agree as follows:
You understand and agree that any liability, loss or damage that occurs as a result of the use of any USER CONTENT that you make available or access through your use of THE SERVICE is solely your responsibility. THE COMPANY is not responsible for any public display or misuse of your USER CONTENT. THE COMPANY does not, and cannot, pre-screen or monitor all USER CONTENT. However, at our discretion, THE COMPANY, or technology THE COMPANY employs, may monitor and/or record your interactions with THE SERVICE.
Opinions, advice, statements, offers, or other information or USER CONTENT made available through THE SERVICE, but not directly by THE COMPANY, are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such USER CONTENT. THE COMPANY does not guarantee the accuracy, completeness, or usefulness of any information on THE SERVICE and neither does THE COMPANY adopt nor endorse, nor is THE COMPANY responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than THE COMPANY. THE COMPANY takes no responsibility and assumes no liability for any USER CONTENT that you or any other user or third party posts or sends over THE SERVICE. Under no circumstances will THE COMPANY be responsible for any loss or damage resulting from anyone's reliance on information or other USER CONTENT posted on THE SERVICE, or transmitted to users.
Though THE COMPANY strives to enforce these TERMS OF SERVICE, you may be exposed to USER CONTENT that is inaccurate or objectionable. THE COMPANY reserves the right, but has no obligation, to monitor the materials posted in the public areas of THE SERVICE or to limit or deny a user's access to THE SERVICE or take other appropriate action if a user violates these TERMS OF SERVICE or engages in any activity that violates the rights of any person or entity or which THE COMPANY deem unlawful, offensive, abusive, harmful or malicious. E-mails and or messages sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law. THE COMPANY shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please email us at [ Email Image Here].
THE COMPANY reserve the right to refuse service to anyone for any reason at any time.
You understand that your USER CONTENT (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of THE SERVICE, use of THE SERVICE, or access to THE SERVICE or any contact on the website through which THE SERVICE is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
THE COMPANY is not responsible if information made available on THE SERVICE is not accurate, complete or current. The material on THE SERVICE is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on THE SERVICE is at your own risk.
THE SERVICE may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. THE COMPANY reserves the right to modify the contents of THE SERVICE at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Prices for products posted on THE SERVICE are subject to change without notice.
THE COMPANY reserves the right at any time to modify or discontinue THE SERVICE (or any part or content thereof) without notice at any time.
THE COMPANY shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products or THE SERVICE.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. THE COMPANY has made every effort to display as accurately as possible the colors and images of our products that appear at the store. THE COMPANY cannot guarantee that your computer monitor's display of any color will be accurate. THE COMPANY reserves the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. THE COMPANY may exercise this right on a case-by-case basis. THE COMPANY reserve the right to limit the quantities of any products or services that THE COMPANY offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. THE COMPANY reserve the right to discontinue any product at any time. Any offer for any product or service made on THE SERVICE is void where prohibited.
THE COMPANY does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in THE SERVICE will be corrected.
THE COMPANY reserves the right to refuse any order you place with us. THE COMPANY may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that THE COMPANY make a change to or cancel an order, THE COMPANY may attempt to notify you by contacting the e-mail you have on file. THE COMPANY reserves the right to limit or prohibit orders that, in our sole judgment, appear to violate these TERMS OF SERVICE.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that THE COMPANY can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
THE COMPANY may offer the ability for users (SELLERS) to sell USER CONTENT through THE SERVICE. These SELLERS are responsible for their content and sales. Sales will be completed through a third party service who will gather credit card and reasonable data for completing the sale. As a SELLERS you shall not require other users of THE SERVICE to provide credit card or any other personal information. No personal information will be provided SELLERS by THE COMPANY. All correspondence between the SELLER and the you will be facilitated by and on THE SERVICE.
THE COMPANY may provide you with access to third-party tools over which THE COMPANY neither monitors nor has any control nor input.
You acknowledge and agree that THE COMPANY provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. THE COMPANY shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through THE SERVICE is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
THE COMPANY may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
As part of THE SERVICE, THE COMPANY may provide you with convenient links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content").
These links are provided as a courtesy to Service subscribers. THE COMPANY has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by THE COMPANY, and THE COMPANY is not responsible for any Third Party Sites accessed through THE SERVICE or any Third Party Applications, Software or Content posted on, available through or installed from THE SERVICE, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by THE COMPANY. If you decide to leave THE SERVICE and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from THE SERVICE or relating to any applications you use or install from THE SERVICE.
THE COMPANY respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, THE COMPANY has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of THE SERVICE who are repeat infringers. THE COMPANY may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on THE SERVICE infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) ("DMCA") by sending the following information in writing to THE COMPANY's designated copyright agent at:
Haptic Monkey, LLC Attn: Copyright Agent New PO adddress
If you believe that your USER CONTENT that has been removed from THE SERVICE is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your USER CONTENT, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
If a counter-notice is received by THE COMPANY copyright agent, THE COMPANY may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in THE COMPANY's discretion) be reinstated on THE SERVICE in 10 to 14 business days or more after receipt of the counter-notice.
By posting any USER CONTENT via THE SERVICE, you expressly grant, and you represent and warrant that you have a right to grant, to THE COMPANY a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such USER CONTENT and your name, voice, and/or likeness as contained in your USER CONTENT, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with THE SERVICE.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to THE SERVICE, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on THE SERVICE may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
Communications made through THE SERVICE's e-mail and messaging system, will not constitute legal notice to THE COMPANY or any of its officers, employees, agents or representatives in any situation where notice to THE COMPANY is required by contract or any law or regulation.
For contractual purposes, you (a) consent to receive communications from THE COMPANY in an electronic form via the email address you have submitted; and (b) agree that all TERMS OF SERVICE, agreements, notices, disclosures, and other communications that THE COMPANY provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights. We may also use your email address, to send you other messages, including information about THE COMPANY and special offers. You may opt out of such email by changing your account settings or sending an email to [email image here] or mail to the following postal address:
Haptic Monkey, LLC Attn: Customer Service New PO adddress
Opting out may prevent you from receiving important messages regarding THE COMPANY, contest results or special offers.
THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE LAWS OF THE STATE OF TEXAS AND THE UNITED STATES OF AMERICA, EXCLUDING ANY CONFLICTS OF LAW RULE OR PRINCIPLE THAT MIGHT REFER THE CONSTRUCTION OR INTERPRETATION OF THIS AGREEMENT TO THE LAWS OF ANOTHER STATE. EACH PARTY HEREBY SUBMITS TO THE JURISDICTION OF THE STATE AND FEDERAL COURTS IN THE STATE OF TEXAS AND TO VENUE IN BEXAR COUNTY, TEXAS.
THE SERVICE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, A MERCHANT OF A PRODUCT OR SERVICE THAT YOU REVIEW USING THE SERVICE, YOU RELEASE THE COMPANY (AND OUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE COMPANY may amend these TERMS OF SERVICE at any time and will update these TERMS OF SERVICE in the event of any such amendments. It is your sole responsibility to check THE SERVICE from time to time to view any such changes in the Agreement. If you continue to use THE SERVICE, you signify your agreement to our revisions to these TERMS OF SERVICE. However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of THE COMPANY's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of THE COMPANY. No purported waiver or modification of this Agreement by THE COMPANY via telephonic or email communications shall be valid.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of THE COMPANY to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with THE COMPANY must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These TERMS OF SERVICE and your use of THE SERVICE are governed by the federal laws of the United States of America and the laws of the State of Texas without regard to conflict of law provisions.