Terms of Use

Please read the following terms of use (“Terms of Use”) carefully. HomeCycle Technologies, Inc. (“Company,” “we,” “our,” or “us”), a service with its website at www.thehomecycle.com or www.me-cycle.com (“Website”), offers an application that provides consumers a convenient method to accumulate, track and redeem recycling incentives, which include bottle deposits paid at the point of sale or credits and other account balances accumulated through the Service (as defined below) (all such incentives tracked through the Service, collectively, “Credits”), with respect to eligible recyclable containers and other eligible recyclable items (“Containers”). These Terms of Use constitute a legally binding agreement between the Company and you, governing your use of our mobile application (“App”), our services, such as Container pickup and redemption and any other products or services that may be produced or made available in the future by the Company, any physical property of the Company including designated Company Container deposit bins and individual customer deposit bins or bags (“Bins”), and any software provided on or in connection with the Company’s services (collectively such software, property, services, Website, and App, the “Service”). By creating an account with the Service (“User Account”) or acknowledging that you have read and accept these Terms of Use and our Privacy Policy on the relevant pop-up screen, you agree to be bound by all of the terms and conditions of these Terms of Use, whether you are a visitor (which means you are just browsing the Service) or a “Registered User” (which means you have registered a User Account to accumulate, track and redeem Credits) (together “Users”). The term “you” refers to any person or entity who downloads, views, uses, accesses, browses or submits any content or material to all or any part of the Service.

If you do not agree to these Terms of Use, please do not register for, enter, use, or access the App or Service in any way. The Company may modify these Terms of Use at any time or introduce other guidelines to which your use of the Service is subject. Any modifications will be posted on this page and you will receive an email or App notification with notice of the modifications. All modifications are effective from the date of such modifications, so we suggest you return to this page on a regular basis to view the Terms of Use. Your continued use of the Service after any modification will mean you agree to the Terms of Use as modified. If you do not agree to a modification, you should stop using the App and terminate all other use of the Service immediately.

We at the Company take these Terms of Use seriously. If we believe, in our sole discretion, you have breached the Terms of Use, we may, without notice, suspend or terminate your ability to access or use the Service (in whole or in part).

 

1. SERVICE GENERALLY

1.1 Eligibility

You may use the Service only if you can form a binding contract with the Company, and only in compliance with these Terms of Use and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by the Company.

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

You are required to become a Registered User by creating a User Account in order to use the Service, but you can accumulate Credits for purchases made prior to the date you created your User Account once your User Account has been created and the relevant purchases have been entered based on the procedures set forth in these Terms of Use. To create a User Account, you are required to provide your name, phone number, physical address (if you choose to receive a check in respect of redeemed Credits as described below), Venmo or PayPal account information (unless you choose to receive a check in respect of redeemed Credits as described below), and email address, and to verify your email address using whichever procedures the Company in its sole discretion deems necessary or advisable.

 

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

By registering a User Account with the Service, you agree to provide true, accurate, current and complete information in creating and continuing to use your User Account. If any of your information changes, you agree to update your information as soon as possible. If the Company suspects that your information is not true, complete, current, or accurate, or that you have otherwise violated these Terms of Use, your User Account will be subject to suspension or termination in our sole discretion. If you have been previously removed by us or banned from the Service on any User Account, you agree not to create any new User Account, access the Service with alternate account information, or continue attempting to use the Service with your existing User Account.

 

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

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, to you or to Users generally, the Service (or any part thereof) with or without notice. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability for any reason, including if in our sole determination you violate any provision of these Terms of Use, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms of Use. The Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of 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

The Service enables Registered Users to conveniently accumulate, track and redeem Credits for Containers they have previously purchased upon recycling such Containers with the Service.  Registered Users must scan Containers using a smart phone and recycle the Containers in accordance with the applicable Credit accumulation process described in either Section 2.1 or Section 2.2 below, which applicability depends on the state in which the User is located, and the redemption process described in Section 2.4.  Regardless of which state a User is located in, Containers that a Registered User scans and deposits in Bins must have been purchased in the same state in which the Registered User attempts to accumulate Credit in respect of such Container. For the avoidance of doubt, Registered Users may accumulate Credits in multiple states, subject to these Terms of Use and applicable law in each state.

 

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 support@me-cycle.com to provide their mailing address along with other applicable information to be determined by the Company at the time the request is made.

If you do not make a Redemption Request, we are under no obligation to pay cash in respect of your Credits as part of the Service. You are responsible for redeeming Credits. There is no automatic redemption or periodic distribution of Credits. Credit balances have no cash, monetary, or other value prior to reaching the Minimum Redemption Amount and the Company’s receipt of a valid Redemption Request with respect to such Credits made in accordance with these Terms of Use. No interest is paid on Credit balances. Registered Users have no property rights or other legal interest in the Credits for any purpose. All Credits and the cash value of any recycling incentives underlying such Credits remain the sole property of the Company until distributed per the terms of these Terms of Use. Your Credit balance or any part of it is not transferable, cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with Credits of any other Registered Users. Credits may not be sold, transferred, or assigned to any other Registered User, person or entity, and may only be redeemed by the Registered User with whose User Account the Credits are associated. Each Credit is only redeemable once.

 

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.

2.3.3 Donations

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 support@me-cycle.com and the Company will consider adding the charity to the list.

2.3.4 Fees

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 not allow usage by others in such a way as to violate these Terms of Use.

 

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.

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of the Company and its licensors. Except as explicitly provided herein, nothing in these Terms of Use is deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any such content. Use of such content for any purpose not expressly permitted by these Terms of Use is strictly prohibited.

 

The Company grants you a non-exclusive, limited, non-transferable, royalty-free, freely revocable license to view the App and to display, download, integrate via authorized social media applications and other Third Party Services, email or print individual pages of the App in a manner that is otherwise in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages, and you acknowledge that you do not obtain any ownership rights thereto in doing so. No other use is permitted. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright holder. You may not incorporate the information, content or other material comprising our content into any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer or sell any of our content except as expressly noted above. You may not use our name, logos, trademark or brands, without our express written consent.

 

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. 

The Company utilizes Hyperwallet payment services to deliver payments to you. Such payment services are subject to the Hyperwallet Terms of Service and the Hyperwallet Privacy Policy.

The Company does not endorse or assume any responsibility for any such Third Party Services. If you access a Third Party Service from the Service, share your personal information on or through any Third Party Services, or use a Third Party Service to register for or log in to the Service, you do so at your own risk, and you understand that those Third Party Services may have their own terms and conditions of use and privacy policies, and that these Terms of Use and our Privacy Policy do not apply to your use of such Third Party Services. When you click a link for one of these Third Party Services, or use a Third Party Service that is integrated into the Service while using the Service, we will not warn you that you have left our Service or that you are using such Third Party Service at that time. We do not own or control any such Third Party Services and do not assume any responsibility for the content, privacy policies or practices of such Third Party Services. You expressly relieve the Company from any and all liability arising from your use of any Third Party Services. Please note that if your account on a Third Party Service becomes unavailable or the Third Party Service terminates our access to your account with such Third Party Service for any reason, any content provided to such Third Party Service by the Company, or vice versa, may no longer be available to the recipient. 

Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that the Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. To the extent that there is a conflict between any provisions in these Terms of Use and the Third Party Services’ terms of service as to use of the Service, these Terms of Use will govern. See our Privacy Policy for more information regarding the Third Party Services that may be used on the Service and how the Company collects, uses and discloses your personal information to such Third Party Services.

6. CONTESTS AND SWEEPSTAKES

In addition to the terms and conditions of these Terms of Use, any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through our Service may be governed by specific rules that are separate from these Terms of Use. By participating in any such Promotion, you will become subject to those rules, which may vary from these Terms of Use. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with such Promotion. To the extent that the terms and conditions of such rules conflict with these Terms of Use, the terms and conditions of such rules will control.

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.

8. PRIVACY POLICY

We care about the privacy of our Users. Your use of the Service is subject to our Privacy Policy. To view the HomeCycle Technologies, Inc. Privacy Policy, please click here.

9. SECURITY

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.

10. TERMINATION

You may terminate these Terms of Use by discontinuing use of any and all parts of the Service. The Company may, in its sole discretion and without prior notice, immediately terminate your User Account and access to all or any part of the Service. Cause for such termination or status change shall include, but not be limited to:

  1. Breaches or violations of the Terms of Use or other incorporated agreements or guidelines;

  2. Requests by law enforcement or other government agencies;

  3. A request by you (self-initiated User Account deletions);

  4. Discontinuance or material modification to the Service (or any part thereof);

  5. Unexpected technical or security issues or problems; or

  6. Engagement by you in fraudulent or illegal activities.

 

Termination of your User Account includes:

  1. Removal of access to all pages within the Service;

  2. Deletion of your password and all related information; and

  3. 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.

 

11. INDEMNITY

You agree to indemnify and hold harmless the Company and its subsidiaries, affiliates, officers, directors, agents, employees, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, expenses, including, without limitation, reasonable attorneys’ fees, incurred by them due to information you transmit, or otherwise make available through the Service, your use of the Service or other Company services, your violation of the Terms of Use, or your violation of any rights of another.

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:

  1. THAT THE SERVICE OR ANY OTHER COMPANY SERVICES WILL MEET YOUR REQUIREMENTS;

  2. THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;

  3. AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CORRECTNESS OF ANY CONTENT ON THE SERVICE;

  4. 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

  5. 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.

U.S. FEDERAL LAW, SOME STATES AND PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF USE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS OF USE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

 

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:

  1. THE USE OR THE INABILITY TO USE THE SERVICE;

  2. 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;

  3. 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;

  4. AUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

  5. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;

  6. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;

  7. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

  8. 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

You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of New York, without regard to its conflicts of law provisions.  You agree that your use of the Service is additionally subject to applicable law in the jurisdiction in which you are using the Service at any given time, including such laws that would qualify a given state as a CDL Return State or Non-CDL Return State. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use intended to be effective for that state, depending on whether the state is a CDL Return State or Non-CDL Return State. The Company makes no claims or assurances that the Service is appropriate or may be downloaded outside of the United States. You agree that, subject to Section 15, all legal proceedings arising out of or in connection with these Terms of Use or the Service must be filed in a federal or state court located in New York, New York, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

15. ARBITRATION

At the Company’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or any use of the Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. For any dispute with the Company, you agree to first contact us directly to attempt to resolve the dispute with us informally.

16. CLASS ACTION, JURY TRIAL WAIVER

 

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

17. GENERAL

17.1 Notice

The Company may provide you with notices, whether such notifications are required by law or are for marketing or other business related purposes, including those regarding changes to the Terms of Use, by email, regular mail or postings on the Website or through the App, as determined by the Company in our sole discretion. The Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in our Privacy Policy. The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

17.2 Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned or delegated by the Company without restriction. Any attempted transfer, delegation or assignment in violation hereof shall be null and void.

 

17.3 No Waiver

No waiver by you or the Company of any breach, default, or failure to exercise any right allowed under these Terms of Use constitutes a waiver of any preceding, subsequent breach, default, waiver, or forfeiture of any similar or future rights under these Terms of Use. As such, the Company’s failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. This means that the Company may at any time choose to take an action that it is permitted or legally entitled to take, even if the Company has not taken such an action in the past, in the same or a similar situation.

 

17.4 Severability

Except as otherwise provided herein, if any provision of these Terms of Use is found to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect.

 

17.5 Entire Agreement

These Terms of Use, including, without limitation, the incorporated Privacy Policy, and other terms incorporated by reference herein, constitute the final, complete and exclusive agreement and understanding of the parties hereto with respect to the subject matter hereof and supersede and merge all prior or contemporaneous communications and proposals, whether oral or written, between the parties hereto with respect to such subject matter.

17.6 Headings and Interpretation

The Section headings used herein are for convenience only and shall be of no legal force or effect.

All cash amounts in these Terms of Use are reflected in U.S. dollars.

 

18. VIOLATIONS OF THESE TERMS OF USE

Please report any violations of the Terms of Use to the Company. Please state the reasons for your concern. Upon receiving such a report of a possible violation, the Company in its sole discretion may investigate the matter and take such action as the Company determines to be appropriate.