1. SERVICE GENERALLY
Children under the age of 13 are not permitted to become Registered Users. Parents or guardians of children between the ages of 13 and 18 who wish to allow their children access to the Service have the responsibility to monitor their children’s use of the App and Service.
1.2 User Account
Each Registered User will create a unique username and password. You are responsible for maintaining the confidentiality of your User Account credentials used to access the Service and are fully responsible for all activities that occur under your User Account. You may change your password or other access options at any time by updating your User Account on the App. You agree to immediately notify the Company of any unauthorized use of your User Account or any other breach of security of which you become aware. The Company will not be liable for any losses caused by any unauthorized use of your User Account. You may never use another Registered User’s User Account without the Company’s prior consent.
By providing the Service your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences through the App. Opting out may prevent you from receiving email messages regarding updates, improvements, offers, or other communication from the Company.
1.2.1 Account Maintenance and Access
1.3 General Practices Regarding Use and Storage
The Company may establish general practices concerning use of the Service.
You agree that the Company has no responsibility or liability for the deletion or failure to store any User Account information as provided by you or otherwise maintained or transmitted by the Company or any Third Party Service (as defined below).
1.4 Modifications and Access to the Service
You understand and agree that there may be interruptions in the Service, Service access or access to a User Account due to circumstances both within and outside of our control, and that we shall have no liability to you or any other person or entity as a result of such unavailability.
2. DEPOSITS, CREDITS AND FEES
To use the Service, Users must download the App onto a compatible mobile device. The User must then create a User Account. The Registered User must grant the App access to geolocation services and the camera on the mobile device.
2.1 Accumulating Credits
2.1.1 CDL Return States
The terms in this Section 2.1.1 apply only to Users in states that have effective laws requiring (a) retailers to assess a deposit at the point of sale on each Container, and (b) that Containers be returned to designated redemption centers or applicable distributors in order to redeem recycling incentives (“CDL Return States”), and do not apply to any other Users.
In CDL Return States, when products that include Containers are purchased from a retailer, Users pay a deposit to the retailer at the point of sale, and Registered Users can accumulate Credits for such Containers through the App when they return the Containers to a designated redemption center or applicable distributor. The Containers themselves carry recycling incentive value and, pursuant to applicable state law, generally have labels or embossed markings that show the recycling incentive value and the states that will honor such recycling incentive. To the extent the Service is available in all or any part of such CDL Return States, the Company acts as a collection service for Registered Users, allowing Registered Users to conveniently place Containers in Bins rather than delivering Containers to designated redemption centers in order to redeem recycling incentives. Once a Container is ready to be recycled, the Registered User in a CDL Return State shall scan the individual Containers, scan the appropriate Bin, and place the Containers into that Bin. The Company will collect Containers from the Bins: (a) if you live in a property that is subject to an agreement with the Company to service the property, on the days and times agreed to by the Company and the property manager of the property where the Bin is located, or (b) if you do not live in such a property, on the days and times determined by the Company in its sole discretion . Once the Company collects Containers from Bins and returns the Containers to designated redemption centers or applicable distributors, the Company will display Credits for all Containers accepted by such entities as having been accumulated by the applicable Registered Users in their respective User Accounts.
2.1.2 Non-CDL Return States
The terms in this Section 2.1.2 apply only to Users in states other than CDL Return States that have participating recycling credit programs (“Non-CDL Return States”), and do not apply to any other Users.
In Non-CDL Return States, when products that include Containers are purchased from a retailer, the User is required to pay the retailer a legally-mandated recycling credit fee. The retailer will provide the User with a unique QR code on the User’s receipt for the applicable purchases. The User must create a User Account and scan this QR code with their mobile device to accumulate Credit for the Container(s) in the App or the Registered User’s loyalty account with the retailer, if such an account exists and is able to be integrated into the App, and the Registered User actually so integrates the account. Once a Container is ready to be recycled, the Registered User in a Non-CDL Return State shall scan the individual Containers, place the Containers into the Registered User’s municipal curbside recycling bin, and scan the bin to verify that the Containers have been placed in it. The Company will then validate the Registered User’s Credits to make them redeemable in accordance with Section 2.2 and Section 2.3. In Non-CDL Return States, Registered Users must be the bona fide purchasers of the products that include Containers that are scanned into the App by such Registered Users, and Registered Users shall not attempt to accumulate Credits for any other person’s or entity’s purchases. In Non-CDL Return States, Registered Users shall not scan any Containers obtained by any means other than direct purchase by the Registered User redeeming such Container, including, without limitation, Containers collected from other people or entities, litter, or other private or public recycle bins.
2.2 Credited Amount
The amount of any Credit accumulated by Registered Users is left to the sole discretion of the Company but will generally be equal to (a) the per Container amount prescribed by applicable statute in the applicable state of redemption multiplied by (b) the number of Containers deposited by the Registered User and accepted for recycling by the Company and applicable third parties. While the Company will attempt to timely display accumulated Credits to Registered Users through the App after Registered Users scan eligible Containers, such Credits may not show up in a User Account immediately and the Company shall have no liability to any Registered User for any delays inside or outside of the Company’s control.
If the Company, in its sole discretion, finds a shortfall of acceptable Containers in Bins or municipal recycling containers relative to the Containers Registered Users claims to have deposited to accumulate Credit, we reserve the right to cancel or curtail the Service for Users associated with those Bins or municipal recycling containers and will not issue Credits for Containers we do not actually receive. Acceptable Containers must comply with all terms listed in Section 3, including, without limitation, the conditions that the Containers are not crushed and have been rinsed and are free of food, beverage or other residue. Containers can also be rejected by the Company in its sole discretion for any other reason. All determinations as to discontinuing Service or reducing Credit value are made by Company in its sole discretion.
2.3 Credit Redemption
2.3.1 Redemption Request
Once a User Account’s balance of accumulated Credits reaches a total value of at least $5.00 (“Minimum Redemption Amount”), the Registered User may submit a request to redeem his, her, or its Credits for cash (“Redemption Request”). Registered Users that have linked their User Account to a Third Party Service, such as Venmo or PayPal, for purposes of payment, will receive a cash payment from the Company through such Third Party Service once the Company processes the Redemption Request in respect of the Credits so redeemed. Registered Users may alternatively request to redeem their Credits via physical check only if the Credits that are the subject of such Redemption Request have a total value of at least $10.00. In order to receive a physical check, Registered Users must indicate such election in the applicable Redemption Request and contact the Company directly at email@example.com to provide their mailing address along with other applicable information to be determined by the Company at the time the request is made.
Should any Registered User not deposit any Containers into Bins or municipal recycling bins through the Service for six consecutive calendar months, the User Account will be deemed to be inactive and all accumulated Credits will be forfeited to the Company, for use at the sole discretion of the Company, which may include donation to charity.
The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
2.3.2 Credit Payment
Once a Redemption Request is approved and payment is authorized by us, your Credit balance will be reduced by the amount of authorized payment. The Company will attempt to approve Redemption Requests and the subsequent payment if authorized in a timely manner, but this process is subject to delays and the Company will not be at fault for any delays in payment whether inside or outside of the Company’s control. Please note that if you live in a CDL Return State that requires Containers to be returned to a designated redemption center or distributor, we will not pay cash in respect of a Redemption Request until we receive payment for the applicable Containers from the applicable designated redemption center or distributor.
Registered Users will have the option to donate their Credits to a local or national charity. The Company will select a list of charities for Registered Users to choose from, should they choose to donate their Credits. No donation receipts will be provided to the Registered User and you acknowledge that you should not rely on your donation as being tax deductible. We are currently not able to make donations to charities other than those on the suggested list. However, if a Registered User would like to donate his, her, or its Credits to a charity that is not on the suggested list, the Registered User may contact us at firstname.lastname@example.org and the Company will consider adding the charity to the list.
The Company does not currently charge a convenience, service or subscription fee (“Fee”), however, reserves the right to do so at any point in the future. The Company may charge a Fee to the Registered User, as a percentage of the Credits earned or as a monthly fixed fee. This Fee may be modified at any time, at the Company’s sole discretion.
3. USER CONDUCT
The following Rules of Conduct apply to your use of the Service.
By accessing and using the Service, you agree to comply with the following:
You shall not crush, break, or otherwise disfigure any Containers placed in Bins or municipal recycling containers.
You shall not place any trash, Containers rejected by the App, or any other non-recyclable item in a Bin.
You shall empty and rinse all Containers before placing them into the Bin or other public recycling container.
You shall not place any Containers into the Bin if you are exhibiting symptoms or are known to have any contagious virus, including, without limitation, COVID-19. You may resume use of the Service two weeks after symptoms have dissipated.
You shall only accumulate Credits for Containers for which you or a member of your immediate family or household, if applicable, were the bona fide purchaser.
If depositing more than 50 Containers per day into a Bin, you shall contact us directly to obtain a separate deposit bag.
You shall only deposit Containers in the same state as that in which those Containers were purchased.
You shall not use the Service to collect or store personal data about other Users without their express permission.
You shall not upload, post, email or otherwise transmit any viruses or other computer code that may interrupt, destroy, limit the functionality of the Service, or interfere with the access of any User to the Service.
You shall not circumvent, disable or otherwise interfere with security related features of the Service.
You shall not use any meta tags or other hidden text or metadata utilizing a Company name, trademark, URL or product name.
You shall not attempt to or actually access the Service by any means other than through the App or other Company-provided platforms.
You shall not attempt to probe, scan or test the vulnerability of any Company system or network or breach or impair or circumvent any security or authentication measures protecting the App or Service.
You shall not attempt to decipher, decompile, disassemble, reverse engineer, or otherwise attempt to discover or determine the source code of any App or any web pages used to provide the Service.
You shall not to impersonate any person or entity (including, without limitation, by using email addresses or screen names associated with the foregoing), falsely claim an affiliation with any person or entity, or access the User Accounts of others, or perform any other fraudulent activity.
You shall not use the Service in a manner inconsistent with the intended use of the Service.
You shall not use the Service in any way that violates or encourages others to violate any applicable law, statute, ordinance or regulation, including, without limitation, intellectual property laws.
You shall not modify, adapt, translate or create derivative works based upon the App or any part thereof, except and only to the extent expressly permitted by the Company herein or to the extent the foregoing restriction is expressly prohibited by applicable law.
You shall not intentionally interfere with or damage operation of the Service or any User’s enjoyment of it, by any means, including, without limitation, by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
You shall report promptly to us any errors, bugs, unauthorized access methodologies or any breach of our intellectual property rights that you uncover in your use of the Service.
4. PROPRIETARY RIGHTS
Users agree that they have no intellectual property rights to anything inputted into the App, as the User will not be allowed to upload content for public viewing.
You may choose to or we may invite you to submit comments or ideas about the Service, including, without limitation, suggestions about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company, or developed by its employees, or obtained from sources other than you.
5. THIRD PARTY LINKS AND INFORMATION
The Service is integrated with, may provide you with links to, or may otherwise interact with third party websites, services, and applications that are not owned or controlled by the Company (“Third Party Service” or “Third Party Services”). The Service is integrated with Third Party Services to make the Service available to you or to make available products or services of third parties, which are not owned or controlled by the Company, such as Venmo, PayPal and others. The Company may also integrate your User Account with eligible store loyalty programs as Third Party Services, such as loyalty programs at grocery stores. If the phone number in your User Account matches a phone number in an eligible store loyalty account, you may have the option to link the two accounts. If you so link your User Account and a loyalty account, the Third Party Service would then automatically upload information regarding your purchases of products including any Containers into your User Account. You may also have the option of granting the Service access to your account(s) with certain social media platforms such as Facebook, Instagram, TikTok, Twitter and others. Provided that such platforms permit such actions, you may be able to capture and make available through your accounts on such third party social media platforms information or media that you have stored in your User Account or that has been generated for you by the Company, if any.
6. CONTESTS AND SWEEPSTAKES
7. CALIFORNIA RESIDENTS
The provider of services is HomeCycle Technologies, Inc. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
The Company uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Requests by law enforcement or other government agencies;
A request by you (self-initiated User Account deletions);
Discontinuance or material modification to the Service (or any part thereof);
Unexpected technical or security issues or problems; or
Engagement by you in fraudulent or illegal activities.
Termination of your User Account includes:
Removal of access to all pages within the Service;
Deletion of your password and all related information; and
Barring of further use of the Service.
Further, you agree that all terminations by the Company are made in the Company’s sole discretion and that the Company shall not be liable to you or any third party for any termination of your User Account or access to the Service.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CHANGES ARE PERIODICALLY MADE TO THE SERVICE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY:
THAT THE SERVICE OR ANY OTHER COMPANY SERVICES WILL MEET YOUR REQUIREMENTS;
THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CORRECTNESS OF ANY CONTENT ON THE SERVICE;
AS TO WHETHER THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR
AS TO WHETHER ANY ERRORS ON THE WEBSITE OR APP WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
13. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PERSONAL, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SERVICE;
ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE;
AUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
ANY OTHER MATTER RELATING TO THE SERVICE.
IN NO EVENT SHALL HOMECYCLE TECHNOLOGIES INC., ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, DIRECTORS, EMPLOYEES, PARTNERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE COMPANY HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.
14. GOVERNING LAW
16. CLASS ACTION, JURY TRIAL WAIVER
17.3 No Waiver
17.5 Entire Agreement
17.6 Headings and Interpretation
The Section headings used herein are for convenience only and shall be of no legal force or effect.