Terms of Service

Last Updated: August 23, 2023

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Welcome to the Replenysh website (the “Site”), owned and operated by Replenysh, Inc. (“Replenysh,” “we,” or “us”). This page explains the terms by which you may use the Site, our mobile app, our online software platform, and the various tools and application programming interfaces (“Tools”) and services provided on or in connection with such online platform (collectively, the “Platform”). By accessing or using the Platform, or clicking a button or checking a box marked “I Agree” or something similar, you signify that you have read, understood, and agree to be bound by these Terms of Use (these “Terms”). You also acknowledge that you have read and understood how your personal information will be collected, used, and shared, as set forth in our Privacy Notice. These Terms apply to all visitors, users, and others (in each case, whether individuals, organizations, or governmental or municipal entities) who register for or otherwise access the Platform (“Users”), which includes without limitation all (a) individuals or organizations who supply materials (“Suppliers”), (b) organizations who recover recyclable material for their supply chain (“Brands”), and (c) individuals or organizations who facilitate and process materials between Suppliers and Brands (“Operators”).

Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

REPLENYSH IS NOT A NON-PROFIT ORGANIZATION. REPLENYSH DOES NOT, VIA THE PLATFORM OR OTHERWISE, (1) ENGAGE IN ANY CHARITABLE SOLICITATION OR FUNDRAISING ACTIVITIES WHATSOEVER; (2) ADVISE, CONSULT WITH, PREPARE, MANAGE, OR PLAN ANY CHARITABLE SOLICITATION OR FUNDRAISING ACTIVITIES; (3) CREATE ANY CONTENT RELATED TO ANY CHARITABLE SOLICITATIONS WHATSOEVER; OR (4) CONDUCT ANY ACTIVITIES OF A PROFESSIONAL FUNDRAISER, COMMERCIAL FUNDRAISER, FUNDRAISING COUNSEL, OR FUNDRAISING CONSULTANT AS THOSE TERMS (AND SIMILAR TERMS) ARE DEFINED UNDER STATE CHARITABLE SOLICITATION LAWS. FURTHER, REPLENYSH IS NOT A PARTY TO ANY PLEDGE OR DONATION MADE USING THE PLATFORM OR IN CONNECTION WITH ANY CAMPAIGN.

1. Use of the Platform

A. Eligibility

This is a contract between you and Replenysh. You must read and agree to these Terms before using the Platform. If you do not agree, you may not use the Platform. You may use the Platform only if you can form a binding contract with Replenysh, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use of or access to the Platform by anyone under the age of thirteen (13) is strictly prohibited and in violation of these Terms. The Platform is not available to any Users previously removed from the Platform by Replenysh.

B. Accounts

Your Replenysh account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users.

If you open a Replenysh account on behalf of a company, organization, or other entity, as any type of User then (a) “you” includes you and that entity; and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

You may never use another User's account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account and any login credentials secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. You must notify Replenysh immediately of any breach of security or unauthorized use of your account. Replenysh will not be liable for any losses caused by any unauthorized use of your account.

C. Consent to Electronic Communications

Unsecured email, mobile phone text messages, or other unsecure electronic methods of communication are not confidential means of communication and there is a possibility that a third party could intercept and see these messages. By providing Replenysh with your email address, you acknowledge these risks and you consent to our using the email address to send you Platform-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 Platform and special offers. If you do not want to receive such email messages, you may opt out by emailing us at privacy@replenysh.com. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

D. Platform Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Platform in any medium, except as may be expressly set forth in these Terms, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Platform in a manner that sends more request messages to the Replenysh servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Replenysh grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Platform; (vii) harvesting any personally identifiable information (“PII”), including account names, from the Platform; (viii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (ix) interfering with the proper working of the Platform; (x) accessing any content on the Platform through any technology or means other than those provided or authorized by the Platform; or (xi) bypassing the measures we may use to prevent or restrict access to the Platform, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Platform or the content therein.

Accessing any audiovisual content that may be available on the Platform for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Platform. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Platform to a User's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

E. Material Contamination

When selling material on Replenysh, buyers have the right to reduce the rate paid if contamination is greater than the accepted limit of 5%. The Platform requires photo proof of contamination.

F. Operators
If you are an Operator, you also agree to the following Operator terms(“Operator Terms”):


i. Operator Eligibility. In order to become an Operator, you must (a) currently have a baler for condensing recyclable plastic, cardboard, glass, aluminum, metal, or other recyclable materials (a “Baler”) or must be willing to install a Baler on your property; (b) have labor or be willing to hire labor as needed to support the Operator Activities (as defined below); and (c) have property to securely house a Baler and bales, or be able to acquire property to do so in connection with the Operator Activities. Replenysh may purchase a Baler and allow Operator to

ii. Operator Responsibilities and Quality Standards. As an Operator, you are solely responsible for performing the operator activities, which includes without limitation: greeting residents and businesses; collecting, sorting, cleaning, moving, and baling material (including through the operation of a Baler); loading, transporting, and unloading material and equipment; using Replenysh tools to perform buybacks of material, picking up and dropping off material and equipment, and other activities (collectively, “Operator Activities”). Unless otherwise agreed by Replenysh, all baled Materials may only be sold through Replenysh’s Platform. Unless otherwise expressly provided in writing (including in the Operator Agreement entered into between you and Replenysh), you will be solely responsible, at your own expense, for (i) providing, purchasing or otherwise obtaining, and maintaining all equipment, including your own Baler, gasoline, Baler maintenance, tape and twine, scale, and other materials or equipment (collectively, “Equipment”) necessary to operate the Baler and perform the Operator Activities; (ii) ensuring that your Baler and all Equipment used in connection with your Operator Activities are in good working order, conform to all laws and standards pertaining to safety, equipment, inspection, and operational capability; (iii) providing your own labor to operate the Baler and transport materials; and (iv) providing a secure property where materials can be stored. In addition, you will (w) ensure baled Materials are Grade A and contain no greater than five percent (5%) contamination; (x) properly maintain the Baler and Equipment and follow all applicable safety standards; (y) ensure all labor is properly trained and educated in order to perform the Operator Activities; and (z) ensure the Baler site and storage area are properly maintained and free of any unsafe debris or conditions (the “Operator Quality Standards”). Except as otherwise required by law, you assume all liability and risk of damage or loss in connection with the Operator Activities, including any caused by or to your Baler, Equipment, materials, or vehicles.

iii. Operator Representations and Warranties. Without limiting any other representation and warranty set forth in these Terms, you represent and warrant that: (i) you will not, and will ensure anyone operating a Baler or performing Operator Activities on your behalf does not, engage in reckless behavior (including conducting the Operator Activities while under the influence of alcohol or drugs or in an otherwise unsafe manner) or permit an unauthorized person to operate a Baler or conduct the Operator Activities; (ii) you will comply with the Operator Quality Standards.

iv. Insurance. You agree that you have or will obtain a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements or state guidelines or otherwise required by Replenysh) that names or schedules you for the operation of the Baler you will use in connection with the Operator Activities.

G. Use of Tools

We may make certain technology and Tools available to you through the Platform, including without limitation software that allows you to email and otherwise communicate with other Users, and Tools that allow you to display Replenysh content from the Platform on your website(s). Your use of any and all such Tools is at your own discretion and risk. In no way does our providing you with such technology or Tools constitute an endorsement or fundraising.

H. Termination

We may suspend your account and/or any Campaign(s), or terminate these Terms, without prior notice or liability (i) if you use the Platform in a prohibited manner or otherwise do not comply with any of the provisions of these Terms (including by breaching any representation or warranty herein); (ii) if any law or requires us to do so; or (iii) for any reason, or for no reason.

2. User Obligations, Representations, and Warranties

Without limiting any other representation and warranty set forth in these Terms, you hereby represent and warrant that (i) you and your use of the Platform shall comply with all applicable federal, state, and local laws, rules, and regulations including those related to charitable solicitations and their licensing and registration requirements and any marketing and advertising laws, including without limitation the US CAN- SPAM Act; (ii) if you are an entity, you are duly organized, validly existing and in good standing under the laws of your formation, and are duly qualified to do business and are in good standing in every jurisdiction in which such qualification is required; (iii) your acceptance of these Terms has been duly authorized by all necessary actions on your part and your performance under these Terms will not violate, conflict with, require consent under or result in any breach or default under any of your organizational documents, any applicable law or with or without notice or lapse of time or both, the provisions of any contract to which you are a party; (iv) your acceptance of these Terms constitutes the legal, valid and binding obligation of you, enforceable against you in accordance with its terms; and (v) you have obtained all licenses, authorizations, approvals, consents or permits required by applicable laws to conduct your business generally and to perform your obligations under these Terms.


3. User Content, User Data and Customer Data A. User Content

Some areas of the Platform allow you and Users to post content such as profile information, comments, questions, and other content, data and materials. Any and all content, data, materials (including trademarks, logos, designs, and branding elements (together, “Your Brand Elements”) and other information you or Users provide to Replenysh or submit, post, display, or otherwise make available on the Platform is referred to in these Terms as “User Content”. We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Platform, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and these Terms. Replenysh has the right (but not the obligation) in our sole discretion to remove any User Content that is shared via the Platform.

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for PII or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content, and have the power to grant the licenses in these Terms. Replenysh reserves the right, but is not obligated, to reject and/or remove any User Content that Replenysh believes, in our sole discretion, violates these provisions. You understand that publishing your User Content on the Platform is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization.

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyrights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, including such content from any of your Hosts, you affirm, represent and warrant the following:


i. You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Platform and these Terms, and each such person has released you from any liability that may arise in relation to such use.

ii. Your User Content and Replenysh's use thereof as contemplated by these Terms and the Platform will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.

iii. Replenysh may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining Terms or otherwise.

iv. To the best of your knowledge, all User Content and other information that you provide to us is truthful and accurate.

Replenysh takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Platform. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Replenysh will not be liable for any damages you allege to incur as a result of User Content.

B. User Content License Grant

By posting any User Content on the Platform, you expressly grant, and you represent and warrant that you have all rights necessary to grant to Replenysh a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Platform and Replenysh's (and our successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels; provided that Replenysh may use Your Brand Elements solely to provide the Platform to you if and in the manner designated by you in writing.

C. User Data

In providing the Platform, we may have access to PII, or data about our Users (all of which we call “User Data”). We use User Data as described in Replenysh’s Privacy Notice. By providing Replenysh with any User Data, you hereby represent and warrant that you (i) will comply with the terms and conditions set forth in these Terms; (ii) will be responsible for any unauthorized creation, collection, receipt, transmission, access, storage, disposal, use, or disclosure of User Data under your control or in your possession; (iii) will comply with any applicable laws and regulations and use only secure methods, according to accepted industry standards, when transferring or otherwise making available User Data to us; and (iv) have all necessary rights and consents to provide Replenysh with any and all such User Content.

D. Customer Data

Some areas of the Platform may allow Replenysh to collect and process PII from an entity User, e.g., about a User’s authorized representatives or current or potential customers (collectively, “Customer Data”).

As between you and Replenysh, you own and retain all right, title and interest (including all Intellectual Property Rights) in and to Customer Data; however, by submitting or causing to be submitted Customer Data to Replenysh, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the Customer Data required for (i) Replenysh and our subcontractors and service providers to provide the Platform as described in these Terms, in any applicable order form or with other instruction you provide; and (ii) Replenysh to analyze, monitor, improve, and develop Replenysh’ products and services.

Replenysh will not be responsible for any backup, recovery, or other steps required to ensure that Customer Data is recoverable in the case of data loss. You are solely responsible for backing up your Customer Data on a regular basis and taking appropriate steps to safeguard and ensure the integrity of your Customer Data. In addition to the foregoing, if you are an entity User providing access to the Platform to authorized representatives, as between you and Replenysh, you are solely responsible for any and all Customer Data you or your authorized representatives provide and/or cause to be provided to the Platform, and the consequences of providing, posting, or transmitting such Customer Data, including responsibility for compliance with breach notification laws. Replenysh’s commercially reasonable efforts to restore lost or corrupted Customer Data pursuant to this Section will constitute our sole liability and your sole and exclusive remedy in the event of any loss or corruption of Customer Data.

You (not Replenysh) bear sole responsibility for adequate security and protection of Customer Data when in your or your authorized representatives’ possession or control. We are not responsible, and you are fully responsible, for what your authorized representatives do with Customer Data. For that reason, we advise you to take reasonable security precautions to protect your information, including, but not limited to, encrypting information prior to transmitting it to Replenysh. Where we have given you (or where you have chosen) a password for access to certain parts of the Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone, and to regularly change your password using best practices on password complexity. We urge you to be careful about giving out information in public areas of the Platform.

4. Our Proprietary Rights

Except for your User Content, User Data, and Customer Data, the Platform and all materials therein or transferred thereby, including, without limitation, software, Tools, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Replenysh Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Replenysh and our licensors. Except as explicitly provided herein, nothing in these Terms will be 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 Replenysh Content. Use of the Replenysh Content for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose to, or we may invite you to submit comments or ideas about the Platform, including without limitation about how to improve the Platform or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Replenysh 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, Replenysh does not waive any rights to use similar or related ideas previously known to Replenysh, or developed by our employees, or obtained from sources other than you.

5. License

Subject to your compliance with these Terms, Replenysh grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to use the Platform only as permitted by the features and functionalities of the Platform. The right to use the Platform includes the right to install and deploy Replenysh’ Tools on your websites, apps, or other offerings owned and operated by you (“Your Properties”) in order to (i) collect participation data and other information related to demographics or interests, as further described in the Replenysh Privacy Notice; and (ii) display Replenysh Content.

6. Communications from Replenysh; SMS Text Messaging and Phone Calls

By providing your phone number to Replenysh, you expressly consent and agree that we may contact you using written, electronic, and/or verbal means, including by manual dialing, leaving prerecorded/artificial voice messages, and/or using an automatic telephone dialing system to call or send SMS/text messages to your phone number as necessary to (a) help keep your account secure through the use of two-factor authentication; (b) help you access your account when you’ve forgotten your login credentials; and (c) as otherwise necessary to service your account, complete transactions requested by you, or enforce these Terms, our policies, applicable law, or any other agreement we may have with you, even if the provided phone number is registered on any federal or state Do-Not-Call registry. For purposes of clarity, the communications described in this paragraph are transactional in nature, and not promotional.

Additionally, we offer you the chance to enroll to receive recurring SMS/text messages from us about account-related news and alerts and/or marketing and promotional offers for Replenysh products and services (collectively, “Promotional Text Messages”). By enrolling, you agree to receive Promotional Text Messages from us to the phone number you provide and that such Promotional Text Messages may be sent using an automatic telephone dialing system.

You may opt-out from Promotional Text Messages at any time. To unsubscribe from Promotional Text Messages, text STOP, QUIT, END, CANCEL, or UNSUBSCRIBE to +1(949)335-7379 or reply STOP, QUIT, END, CANCEL, or UNSUBSCRIBE to any Promotional Text Message you receive from us. You consent that following such a request to unsubscribe, you may receive one final text message from us confirming your request. For help, text HELP to +1 (949) 335-7379 or contact us at privacy@replenysh.com.

You certify that any phone number(s) you provide to us are true and accurate and that you are authorized to enroll such phone number(s) to receive calls and/or SMS/text messages as described herein. Message and data rates apply. Consent is not required as a condition of purchase. We are not responsible for any delays upon sending or receiving text messages.

7. Privacy

We care about the privacy of our Users. You understand that by using the Platform you acknowledge that you have read and understood our Privacy Notice, which explains how your personal information is collected, used, and disclosed by Replenysh. You also understand and acknowledge that your personal information is collected, used, transferred to and processed in the United States.

8. Security

Replenysh cares about the integrity and security of your personal information. 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.

9. Copyright Complaints

It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Platform, please notify Replenysh's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Platform;
  4. Information reasonably sufficient to permit Replenysh to contact you, such as your address, telephone number, and, email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Subject: DMCA Notice - Replenysh
Email: DMCA@replenysh.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.

Please note that this procedure is exclusively for notifying Replenysh and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Replenysh's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, Replenysh has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Replenysh may also at our sole discretion limit access to the Platform and/or terminate the accounts of any Users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.

10. Third-Party Links and Information

The Platform may contain links to third-party materials that are not owned or controlled by Replenysh. Replenysh does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Platform or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Replenysh’s Privacy Notice do not apply to your use of such sites. You expressly relieve Replenysh from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions or advertisements of third parties found on the Platform are solely between you and such third parties and you agree that Replenysh is not responsible for any loss or damage of any sort relating to your dealings with such third parties.

11. Indemnity

You agree to defend, indemnify and hold harmless Replenysh and our subsidiaries, agents, licensors, managers, and other affiliated companies, and each of our employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Platform, including any data or content transmitted or received by you, including without limitation from Hosts or other Users; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties, including without limitation your failure to be properly licensed; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your gross negligence or willful misconduct, including at any supplier location; (vii) any death, personal injury or property damage, including at any supplier location, resulting from your use of the Platform or any activities related thereto, including without limitation storing, handling or transporting of materials or operation of machinery, vehicles, tools or other equipment; or (viii) any other party's access and use of the Platform with your unique username, password or other appropriate security code.

12. No Warranties

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PLATFORM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REPLENYSH OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, REPLENYSH, OUR SUBSIDIARIES, OUR AFFILIATES, AND OUR LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE PLATFORM.

REPLENYSH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, AND REPLENYSH WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, EXCEPT AS EXPRESSLY SET FORTH HEREIN.

SOME STATES, 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 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 WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REPLENYSH, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS PLATFORM. UNDER NO CIRCUMSTANCES WILL REPLENYSH BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REPLENYSH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) DEATH, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, INCLUDING AT A HOST SITE, RESULTING FROM OR RELATED TO YOUR ACCESS TO OR USE OF THE PLATFORM, INCLUDING WHILE PICKING UP, DROPPING OFF, TRANSPORTING OR HANDLING MATERIALS OR OPERATING MACHINERY, VEHICLES, TOOLS OR OTHER EQUIPMENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL REPLENYSH, OUR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, 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 REPLENYSH IN THE PRIOR TWELVE (12) MONTHS HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS SECTION 13 APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF REPLENYSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Platform is controlled and operated from facilities in the United States. Replenysh makes no representations that the Platform is appropriate or available for use in other locations. Those who access or use the Platform from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Platform if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Platform are solely directed to individuals, companies, or other entities located in the United States.

14. Governing Law, Arbitration, and Class Action/Jury Trial Waiver i. Governing Law.

You agree that to the extent permissible by law: (i) the Platform will be deemed solely based in Delaware; and (ii) the Platform will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. These Terms will be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our Intellectual Property Rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Delaware is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

ii. Arbitration.

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM REPLENYSH. This Section 14.B (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and Replenysh that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using the Service; or (d) any other aspect of your relationship or transactions with Replenysh, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.

If you are a new Replenysh User, you can reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement by emailing Replenysh at legal@replenysh.com with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.

For any Claim, you agree to first contact us at legal@replenysh.com and attempt to resolve the dispute with us informally. In the unlikely event that Replenysh has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement shall control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or Delaware, unless you and Replenysh agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non- commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and Replenysh agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Agreement, any provision of the Agreement, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.

Nothing in this Section shall be deemed as: preventing Replenysh from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights; or preventing you from asserting claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.

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 AND REPLENYSH AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER REPLENYSH USERS. YOU AND REPLENYSH FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND REPLENYSH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.

15. Additional Terms for Mobile Applications

i. Mobile Applications. We may make available software to access the Service via a mobile device (“Mobile Applications”). To use any Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. Replenysh does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Replenysh hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Replenysh User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Replenysh may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Replenysh or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Replenysh reserves all rights not expressly granted under this Agreement. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.

ii. Mobile Applications from Apple App Store. The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Replenysh, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Replenysh as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Replenysh as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Replenysh, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Replenysh acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

iii. Mobile Applications from Google Play Store. The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Replenysh only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Replenysh, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Replenysh’s Google-Sourced Software.

16. Publicity

We may identify you as a User in our promotional materials, including on our website.

17. California Residents.

The provider of services is set forth in this Agreement. 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.

18. General
i. Assignment.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Replenysh without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

ii. Notification Procedures and Changes to these Terms.

Replenysh may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Replenysh in our sole discretion. Replenysh 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 these Terms. Replenysh 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. Replenysh may, in our sole discretion, modify or update these Terms from time to time, including updates to pricing and fees, and so you should review this page periodically. When we change these Terms in a material manner, we will update the 'last modified' date at the top of this page and notify you that material changes have been made to these Terms. Your continued use of the Platform after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Platform.

iii. Entire Terms/Severability.

These Terms, together with any amendments and any additional Terms you may enter into with Replenysh in connection with the Platform, constitute the entire agreement between you and Replenysh concerning the Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration terms will be unenforceable.

iv. No Waiver.

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Replenysh's failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

v. Contact.

Please contact us at support@replenysh.com with any questions regarding these Terms. ‍

19. About Us

The concept of waste is human-created. We're on a mission to eliminate landfills and ocean pollution by turning every used material into nutrients for tomorrow's creations. We believe everyone wants to do the right thing, they just need the right tools — so we're building the operating system of the circular economy.

20. Questions?

Email us at support@replenysh.com

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Circularity made easy.

Built in Southern California for Planet Earth