FIRST, AN IMPORTANT MESSAGE: PLEASE READ THESE TERMS AND CONDITIONS OF USE ("Terms", "Terms of Use", or "Agreement") CAREFULLY BEFORE USING THIS APP, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO US.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS, AS DESCRIBED IN SECTION 23.
This Agreement is a legally binding agreement between Olyns, Inc. and you concerning the Olyns container redemption service ("Service"). The Service provides account holders with access to Olyns's recycling machines, bag drop locations and customer service desk collection points where offered, and the Olyns app for an easy and convenient way to recycle your beverage containers and earn back the CRV redemption value on them. Access to and use of the Service, including its features, content, software, functionality, and access to and use of the user interface and the website(s) associated with the Service (such as olyns.com) (collectively, the "Site"), is provided by Olyns subject to the following Terms. These Terms also apply to any interactive features or downloads that are, or may be, available through the Service that interact with the Service and post these Terms. References to "you" in this Agreement may also include any Authorized Users (as such term is defined herein) established by you, if applicable. If you do not agree to these Terms, please do not use the Service.
By creating an account, selecting an acceptance control, depositing a container, or otherwise using the Service after these Terms are presented to you, you accept these Terms. If you do not agree, do not use the Service.
You must be at least 18 years old, reside in the United States or a U.S. territory, and be legally capable of entering a binding contract. A parent or legal guardian may maintain an account for a minor and is responsible for all activity on that account and entitled to its Balance.
An "Authorized User" is a minor or another person whose use of the Service through your account Olyns expressly authorizes. You are responsible for each Authorized User's compliance with these Terms.
You represent that you are not prohibited from using the Service under applicable law, including applicable sanctions laws, and that you will comply with these Terms and all applicable laws.
Subject to these Terms, Olyns grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for lawful personal purposes. The license ends automatically if you cease to be eligible or materially breach these Terms.
You are responsible for your devices and connectivity. Olyns may change or end support for any device, operating system, or software platform.
You must create a registered Olyns account and provide accurate, current, and complete information requested by Olyns, which may include your name, email address, mobile telephone number, password, and ZIP code. You must promptly update that information.
Unless Olyns authorizes otherwise, you may maintain only one account. You may not create another account after suspension or termination, share credentials, transfer an account, impersonate another person, or use an unauthorized application to access the Service.
You are responsible for activity conducted through your account except to the extent caused by Olyns. Protect your credentials and promptly report suspected unauthorized use to support@olyns.com or 1-866-472-6432. Olyns may require identity, account, device, payment-destination, or eligibility verification before permitting deposits, withdrawals, or other activity.
The Service accepts only beverage containers eligible for the applicable refund or redemption value at the location where deposited. Eligibility, accepted materials, limits, and payment rules may vary by jurisdiction and location.
Each time you make a deposit, you represent that you lawfully possess and are entitled to redeem the containers; the containers satisfy applicable geographic and program requirements; no container has already been redeemed; and no label, barcode, shape, or other feature has been altered to create or increase eligibility.
You may not deposit hazardous, contaminated, counterfeit, imported, previously processed, commercially aggregated, or otherwise ineligible material; use duplicate scanning, automated or mechanical feeding outside intended operation, account cycling, or other circumvention; or coordinate with others to obtain an improper credit. Commercial or organized collection activity requires Olyns' prior written approval where Olyns makes such approval available.
Olyns may inspect, image, weigh, count, test, quarantine, reject, or retain transaction records concerning deposited material as reasonably necessary for operation, safety, verification, fraud prevention, recordkeeping, and legal compliance. Olyns' eligibility determination controls unless affected by manifest error or applicable law requires otherwise.
An amount displayed immediately after a deposit is a "Provisional Credit." It is a preliminary machine-recorded amount subject to automated or manual verification and correction. A Provisional Credit is not available for payment and does not become part of your Balance until Olyns accepts and posts it.
Your "Balance" is the aggregate of verified amounts Olyns has determined are payable to you under the Service, less payments, lawful reversals, and lawful offsets. A Balance is not a bank deposit, stored-value account, gift card, or investment; is not insured; does not earn interest; and is not held in trust or a segregated account except where applicable law requires.
Nothing in these Terms reduces or forfeits a lawfully verified statutory redemption amount. Mandatory redemption-payment, consumer-protection, and similar laws control if they conflict with these Terms.
Olyns may correct a Provisional Credit or Balance affected by machine error, duplicate counting, ineligibility, misclassification, technical failure, payment reversal, fraud, or other mistake. When reasonably practicable and legally permitted, Olyns will provide notice of a material correction and its general reason.
Olyns may place a reasonable hold on deposits, withdrawals, Provisional Credits, a Balance, or related accounts while investigating suspected fraud, abuse, account compromise, legal noncompliance, or payment-provider issues. Olyns may link accounts reasonably believed to be controlled by the same person and apply protective measures to related accounts.
If an improper credit has been paid, you must repay it. To the extent permitted by law, Olyns may create a negative balance, recover the amount from future non-statutory credits or other accounts you control, reverse a payment where available, or use another lawful recovery method. Olyns will not offset against statutory redemption value where prohibited by law.
Olyns may make payment through PayPal, ACH, check, prepaid card, another independent payment provider, or another lawful method selected by Olyns. Available methods may change. You are responsible for establishing and maintaining any required third-party account, satisfying that provider's requirements, and ensuring that the payment destination is accurate and authorized. Provider terms and privacy practices apply separately.
After a complete and valid request, Olyns will ordinarily initiate payment within three business days. Processing may take longer for verification, fraud prevention, legal or regulatory compliance, provider processing, outages, or circumstances beyond Olyns' reasonable control. Any timing required by applicable law controls.
Olyns may reject or redirect a payment destination that does not reasonably match the account holder, appears compromised, or cannot lawfully receive payment. Olyns is not responsible for delay, rejection, account limitation, or error caused by a payment provider or inaccurate information supplied by you, except to the extent applicable law provides otherwise.
Olyns may establish a reasonable minimum Balance for initiating a particular electronic transfer (the "Payment Processing Threshold"). Unless Olyns clearly discloses otherwise before a deposit, the threshold will not exceed $1.00. A Balance below the threshold remains fully payable, does not expire or decrease because of the threshold, and may continue to accrue.
Where permitted by law, Olyns may allow you to request an electronic transfer below the threshold subject to the actual transaction cost charged to Olyns by the selected Payment Provider. Before authorization, Olyns will clearly disclose the amount to be transferred, the provider cost, and the net amount you would receive. Olyns will not add a markup to a pass-through provider cost.
Olyns may absorb all or part of a processing cost, waive a threshold, use another payment method, or change a threshold or pass-through cost to reflect current provider arrangements. Olyns' past or current decision to absorb a cost, including a PayPal fee, does not waive or limit Olyns' right to allocate that cost differently in the future where permitted by law.
Olyns will waive a threshold or provider cost, or provide a reasonable method of receiving the full verified Balance, where mandatory law requires; when Olyns closes the account other than at your request following a recently completed payment; when Olyns discontinues the Service; or when the Service is no longer reasonably available to you.
Olyns may offer bonuses, sweepstakes, referral credits, coupons, incentives, or other promotional rewards ("Promotional Rewards"). Promotional Rewards are separate from statutory redemption value and do not become part of your Balance unless and until Olyns expressly posts them as withdrawable funds.
Each promotion may have additional rules, eligibility criteria, limits, expiration dates, and tax consequences. Unless prohibited by law, Olyns may modify, suspend, correct, revoke, or end a Promotional Reward, including for error, abuse, or ineligibility. Promotional Rewards have no cash value unless their specific rules expressly state otherwise and are not governed by provisions in these Terms that protect statutory redemption amounts.
Olyns will report and remit unclaimed property when and as required by the law of the applicable jurisdiction. Dormancy periods, owner-notice duties, reporting states, and claim procedures vary by property type and jurisdiction.
Olyns may contact you and take legally required due-diligence steps before remittance. Remittance to the proper government authority discharges Olyns to the extent provided by law, after which you must claim the property from that authority. Keep your contact information current.
The Olyns Privacy Policy describes how Olyns collects, uses, discloses, and retains personal information and explains rights and choices that may be available to you. The Service may collect transaction, container, image or video, machine, device, location, identity-verification, and payment-related data for the purposes described in that policy and as permitted by law.
The Service and its content, software, designs, trademarks, and technology are owned by or licensed to Olyns and protected by law. Except for the limited license in Section 3, no right is granted to you.
You may not copy, sell, sublicense, publicly display, scrape, frame, modify, reverse engineer, decompile, disassemble, create derivative works from, interfere with, or bypass any part of the Service; introduce malicious code; probe security; intercept communications; use bots or automated tools; falsify location or device data; or use the Service to violate law or another person's rights. Legal rights that cannot be restricted remain unaffected.
Machines and services may be located on property controlled by retailers, landlords, municipalities, or other third parties ("Host Locations"). A Host Location and its personnel are independent from Olyns, are not Olyns' agents, and cannot alter these Terms or make commitments on Olyns' behalf.
Access may depend on store hours, site rules, closures, safety conditions, power and connectivity, landlord decisions, and other matters outside Olyns' control. A map listing or other location information is not a guarantee that a machine is present, accessible, certified, accepting every material type, or operational. To the fullest extent permitted by law, Olyns is not responsible for travel costs, lost time, or inconvenience resulting from an unavailable location or machine.
The Service may link to, integrate with, or enable independent products and services. Your use of them is governed by your relationship with the provider. Olyns does not control and, to the fullest extent permitted by law, disclaims responsibility for third-party services, their availability, acts, omissions, fees, content, security, or privacy practices. Olyns may change or disable an integration at any time.
If you access the Service through an Apple device, Apple Inc. and its subsidiaries are third-party beneficiaries of these Terms solely to the extent required by Apple's applicable developer terms and may enforce the relevant provisions.
Olyns may investigate suspected violations; request information or identification; preserve records; suspend transactions or accounts; warn users; correct or reverse improper credits; terminate access; and report suspected unlawful activity to payment providers, CalRecycle or another regulator, law enforcement, or other appropriate parties, in each case as permitted by law.
Olyns may refuse hazardous or contaminated material and may take reasonable steps to protect users, personnel, property, the Service, and the integrity of any redemption program. Failure to take action in one instance does not require Olyns to act or refrain from acting in another.
You may request account closure by contacting Olyns Support. Olyns may suspend or terminate an account or access if it reasonably believes you violated these Terms, are ineligible, created risk or liability, engaged in fraud or abuse, compromised the Service, or if action is required by law, a regulator, a payment provider, or safety or security concerns.
Olyns may provide notice and a general reason when reasonably practicable and legally permitted. Notice may be delayed or omitted if it would compromise an investigation, security, another person, or legal compliance.
Closure, suspension, or termination does not forfeit a lawfully verified Balance. Olyns may complete verification, apply lawful corrections, and then provide a reasonable payment method, subject to applicable law. Sections intended by their nature to survive - including payment obligations, intellectual property, disclaimers, liability limits, indemnity, dispute resolution, and general provisions - survive.
Olyns may add, remove, suspend, relocate, replace, or modify features, locations, accepted materials, payment methods, or other parts of the Service. The Service may be unavailable for maintenance, equipment failure, certification or regulatory issues, safety, security, host-location decisions, processor or payment-provider issues, or other operational reasons.
For a planned material discontinuation that prevents deposits or payment requests, Olyns will use commercially reasonable efforts to give advance notice and a reasonable opportunity to request payment. Olyns may act immediately or on shortened notice because of regulatory action, loss or suspension of certification, safety risk, cybersecurity event, provider termination, host-site loss, insolvency proceeding, force majeure, or other circumstances outside Olyns' reasonable control. Failure to provide advance notice in those circumstances is not a breach of these Terms.
Discontinuation does not erase a lawfully verified Balance. Olyns will provide payment or handle unclaimed property as required by applicable law.
To the fullest extent permitted by law, Olyns is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, fire, epidemic, labor disruption, civil disturbance, war, terrorism, power or network outage, cyberattack, supply-chain failure, equipment or transportation disruption, government or regulatory action, change in law, delayed or withheld program reimbursement, processor closure or nonpayment, banking or payment-provider failure, material rejection or quarantine, or loss of access to a Host Location.
This Section does not eliminate Olyns' obligation to account for and pay a lawfully verified Balance as required by applicable law.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." OLYNS AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "OLYNS PARTIES") DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE OLYNS PARTIES DO NOT WARRANT THAT THE SERVICE, ANY MACHINE, LOCATION INFORMATION, CREDIT, BALANCE DISPLAY, OR THIRD-PARTY INTEGRATION WILL BE ACCURATE, AVAILABLE, SECURE, UNINTERRUPTED, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THESE TERMS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE OLYNS PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OR CORRUPTION OF DATA; LOSS OF PROFITS, USE, OR BUSINESS; UNAUTHORIZED ACCOUNT ACCESS NOT CAUSED BY OLYNS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; RELIANCE ON SERVICE OR MACHINE AVAILABILITY; TRAVEL OR TRANSPORTATION COSTS; OR THE CONDUCT OF OTHER USERS, HOST LOCATIONS, OR THIRD-PARTY PROVIDERS, REGARDLESS OF THEORY AND EVEN IF ADVISED OF THE POSSIBILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE OLYNS PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE VERIFIED BALANCE PAYABLE TO YOU AND UNPAID WHEN THE CLAIM AROSE OR (B) $100. THIS CAP APPLIES COLLECTIVELY, NOT SEPARATELY, TO THE OLYNS PARTIES.
Nothing in these Terms limits Olyns' obligation to pay a lawfully verified Balance, liability for fraud or willful misconduct where it cannot be limited, or any other right or liability that applicable law does not permit the parties to waive, limit, or exclude.
To the extent permitted by law, you will indemnify and hold harmless the Olyns Parties from third-party claims, damages, judgments, penalties, and reasonable costs (including reasonable attorneys' fees) arising from your fraud, intentional misconduct, unlawful or hazardous containers, infringement of another person's rights, unauthorized commercial use, or material violation of law or these Terms.
Olyns may control the defense with counsel of its choice, at its expense subject to your indemnity obligation. You will reasonably cooperate and may participate through separate counsel at your expense. You may not settle an indemnified claim in a way that admits fault by, imposes obligations on, or restricts an Olyns Party without Olyns' prior written consent.
PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR THE EXCEPTIONS BELOW, YOU AND OLYNS AGREE TO RESOLVE DISPUTES BY FINAL AND BINDING INDIVIDUAL ARBITRATION, NOT IN COURT. YOU AND OLYNS WAIVE A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.
Scope. "Dispute" means any claim or controversy between you and Olyns arising out of or relating to the Service, these Terms, a prior version of the terms, or our relationship, whether based in contract, tort, statute, fraud, misrepresentation, or another theory, and whether arising before or after acceptance. Questions of arbitrability are for the arbitrator, except that a court will decide disputes about the class-action waiver, public-injunctive-relief carve-out, or whether the opt-out procedure was completed.
Informal Resolution. Before filing arbitration, the claimant must send an individualized written notice to the other party describing the claimant's name and account contact information, the facts, legal basis, requested relief, and a good-faith calculation of monetary relief. Send notices to Olyns at support@olyns.com with the subject "Notice of Dispute." Olyns will send notice to your current account contact information. The parties will confer in good faith for 60 days. Limitations periods are tolled during that period. Either party may seek temporary relief necessary to preserve the status quo.
Administration and Rules. Unresolved Disputes will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and Mediation Procedures then in effect, as modified by these Terms. If applicable, AAA's Mass Arbitration Supplementary Rules then in effect also apply. If AAA cannot or will not administer a case consistent with this agreement, the parties will select another nationally recognized provider; if they cannot agree, a court of competent jurisdiction will appoint one under the Federal Arbitration Act ("FAA"). The FAA governs this arbitration agreement.
Procedure and Location. Arbitration will be conducted by one neutral arbitrator. It will ordinarily proceed by documents, telephone, or video. If an in-person hearing is required, it will take place in your county of residence or another mutually agreed location, unless applicable law or AAA rules provide otherwise. The arbitrator may award any individual remedy available in court, subject to these Terms, and will issue a reasoned written award. Judgment may be entered in any court with jurisdiction.
Fees. Fees and costs will be allocated under the applicable AAA consumer rules and fee schedule, except Olyns will pay any additional amount required to make this agreement enforceable. Olyns will timely pay fees it is required to pay. Each party bears its own attorneys' fees unless applicable law or the arbitrator permits an award.
Individual Relief Only. Except as the applicable AAA Mass Arbitration Supplementary Rules authorize for case administration, each Dispute must be decided individually. The arbitrator may not combine claims or award relief for anyone other than the individual claimant. If applicable law prohibits arbitration of a request for public injunctive relief, that request will be stayed and decided by a court after all arbitrable claims are finally resolved.
Exceptions. Either party may bring an individual action in a small-claims court with lawful jurisdiction. Either party may seek temporary or emergency injunctive relief for misuse of intellectual property, security threats, or unauthorized access. Nothing prevents you from reporting to or seeking relief from a government agency, and an agency may act as authorized by law.
Opt Out. You may opt out of this arbitration agreement by emailing support@olyns.com with the subject "Arbitration Opt Out" within 30 days after first accepting Version 2.0. Your notice must state your name, the email or telephone number associated with your account, and an unequivocal request to opt out of arbitration. Opting out affects only this arbitration agreement and does not affect the remaining Terms. If you validly opted out of a prior arbitration agreement and do not opt back in, that election remains effective.
Severability. If any part of this Section is unenforceable as to a particular claim or remedy, it will be severed only as necessary, and the remainder will be enforced. If the prohibition on class or representative arbitration is held unenforceable for a particular claim, that claim must proceed in court and not arbitration.
TO THE FULLEST EXTENT PERMITTED BY LAW, A DISPUTE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE EVENTS GIVING RISE TO IT, REGARDLESS OF THEORY OR WHEN DAMAGE IS DISCOVERED. A DISPUTE IS COMMENCED WHEN FILED IN ARBITRATION OR, IF NON-ARBITRABLE, IN COURT. THE PERIOD IS TOLLED DURING THE INFORMAL-RESOLUTION PROCESS IN SECTION 23.
This Section does not apply to a claim for payment of a verified Balance, a government enforcement action, or a claim for which applicable law prohibits shortening the limitations period.
These Terms and the relationship between you and Olyns are governed by Delaware law, without regard to conflict-of-laws rules, except that the FAA governs Section 23 and any mandatory consumer-protection, beverage-container-redemption, unclaimed-property, or other law that cannot lawfully be waived or displaced continues to apply.
Except for a small-claims matter under Section 23 and except where mandatory law requires another venue, any Dispute not subject to arbitration must be brought exclusively in the state courts located in New Castle County, Delaware, or the United States District Court for the District of Delaware. You and Olyns consent to those courts' personal jurisdiction and waive objections based on venue or inconvenient forum.
Olyns may revise these Terms. Olyns will provide notice of material changes through the Service, by email, or by another reasonable method before they take effect. Changes do not retroactively alter a Dispute that accrued before the effective date unless both parties agree.
Olyns may require acceptance of revised Terms before additional deposits or other future use. Declining revised Terms will not eliminate your right to request payment of a previously verified Balance. A materially expanded arbitration provision will apply only after the acceptance required by applicable law.
Assignment. You may not assign or transfer these Terms, your account, or your rights without Olyns' written consent. Olyns may assign these Terms, in whole or part, to an affiliate or in connection with a financing, reorganization, merger, sale of assets, change of control, or similar transaction, subject to applicable law.
Electronic Communications. You consent to receive agreements, notices, disclosures, and records electronically. You may withdraw consent where the Service allows or law requires, but doing so may limit future use. Keep copies for your records.
Evidence of Acceptance. Olyns' versioned records of acceptance and archived Terms are prima facie evidence of the version presented and acceptance date, subject to contrary evidence.
No Waiver. A failure, delay, exception, prior practice, or course of dealing does not waive a right or remedy. A waiver must be express and applies only to the specific instance stated.
Severability. Except as Section 23 provides, if a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains effective.
Entire Agreement; Order of Precedence. These Terms, the Privacy Policy, and any applicable promotion-specific or service-specific terms form the entire agreement regarding the Service. Promotion-specific terms control only for that promotion. Mandatory law controls over any inconsistent provision.
No Agency; No Third-Party Beneficiaries. These Terms do not create an agency, partnership, joint venture, employment, or fiduciary relationship. Except as expressly stated for Apple or the Olyns Parties, there are no third-party beneficiaries.
Contact. Contact Olyns Support at support@olyns.com or 1-866-472-6432. Legal notices under Section 23 must be sent as specified there.