Terms of Service

  1. Agreement. These Terms of Use (“Terms”) constitute the agreement between you and Replenysh, LLC (“Replenysh tm”). These Terms apply to the provision of the Service (as defined below) to you and your use of the Service.

BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.

IF YOU ARE UNDER 18 YEARS OLD, YOU ARE NOT AUTHORIZED TO USE THE SERVICE. BY AGREEING TO THESE TERMS YOU ARE REPRESENTING AND WARRANTING TO US THAT YOU ARE AT LEAST 18 YEARS OLD.

As provided in greater detail in these Terms, you agree and acknowledge these material terms:

  • You may use the Service only as set forth in these Terms;

  • Your use of the Service may be subject to separate third party terms of service and fees, including without limitation your internet service provider’s terms of service and fees, which are your sole responsibility;

  • You consent to the collection, sharing, and use of your personally identifiable information in accordance with Replenysh’s Privacy Policy; and

  • The Service is provided 'as is' without warranties of any kind, and Replenysh’s liability to you is limited

  1. Definitions. Each of the following terms when used in these Terms shall have the following meaning:

“Recyclables” means the items picked up from you through the Service.

“Service” means the logistics service operated by Replenysh via the Website, where a technology platform is provided by Replenysh to facilitate the pick-up of Recyclables from you, as well as the Website and all related web sites, networks, downloadable software, and other services provided by us and on which a link to these Terms is displayed.

“Website” means the website operated by Replenysh at www.replenysh.com.

  1. Accounts and Account Access. If you are using the Service on behalf of a company, organization or other entity you represent and warrant that you have the authority to bind that company, organization or other entity to these Terms and you agree to be bound by these Terms on behalf of that company, organization or other entity. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address, phone number and/or other contact information). You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us.

  1. Consent to Use of Data. Please see Replenysh’s Privacy Policy for more information regarding information Replenysh collects, and how it uses and shares that information.

  1. Items Accepted by Replenysh. The Service may be used for the pick-up from you of only those types of items specified on the Website. The Service may not be used for the pick-up from you of any other items.

  1. Nature of the Service; Relinquishment of Rights to Recyclables, Deposits and Refunds. You acknowledge that Replenysh is not providing a waste removal or curbside pick-up service, nor is Replenysh offering services in replacement of services offered by any municipal entity. By using the Service, you are (a) authorizing Replenysh to collect Recyclables from your property located at the address that you have provided to Replenysh, (b) conferring to Replenysh ownership of, and any and all rights that you may have in or pertaining to, the Recyclables, in exchange for the Service, and (c) relinquishing any and all rights to receive payment of any deposit or refund value of any bottles, cans or other beverage containers included in the Recyclables. You acknowledge that, in doing so, you are releasing the Recyclables to Replenysh as a disposition of private property between you and Replenysh. The foregoing will remain applicable unless and until you notify us that you desire to close your account and cease using the Service.

  1. Scrap Value of Certain Recyclables. In accordance with applicable law, Replenysh will not pay to you any deposit or the refund value of any bottles, cans or other beverage containers included in the Recyclables. If you are entitled to receive any payment with respect to any bottles, cans or other beverage containers included in the Recyclables, such payment represents a reward for recycling such items, will be based on the scrap value thereof, and will be in the amount specified on the Website, which amount may be increased or decreased by us from time to time. In the event that you have an account with a company that is providing a portion of the Service on behalf of Replenysh, that reward may be provided to you in the form of a credit to your account with that company.

  1. Disposition of Recyclables. The Recyclables will be recycled/disposed of by or on behalf of Replenysh in compliance with all applicable laws, including, with respect to Recyclables that consist of bottles, cans or other containers, through a licensed recycler where required by applicable law.

  1. Modifications of the Service. We reserve the right to modify, discontinue, limit, and/or restrict, temporarily or permanently, all or any portion of the Service, and/or any of the features or functionality of the Website, without notice. We will not be liable to you or to any third party for any such action.

  1. Availability of Service. While Replenysh aims to make the Service accessible at all times it may be unavailable from time to time for any reason within and outside the control of Replenysh, including, without limitation, routine maintenance. You understand and agree that due to circumstances both within and outside the control of Replenysh, access to the Service may be interrupted from time to time.

  1. Use of Other Companies. Portions of the Service may be provided on behalf of Replenysh by other companies.

  1. Communications.

  1. Text Messaging. By using the Service, you agree that Replenysh and those acting on its behalf may send you text (SMS) messages at the phone number you provided us. These messages may include operational messages about your use of the Service, as well as marketing or other promotional messages. You will not be able to use the Service without agreeing to receive operational text messages. You may opt-out of receiving marketing text messages at any time by sending an email to [email protected] indicating that you no longer wish to receive marketing texts along with the phone number of the mobile device receiving the messages. You may opt-out of receiving all text messages at any time by deactivating your account and terminating the Service by sending an email to [email protected] You may continue to receive text messages for a short period while Replenysh processes your request, and you may also receive text messages confirming the receipt of your opt-out request. Text messages may be sent using an automatic telephone dialing system. Your agreement to receive marketing texts is not a condition to your receipt of the Service. If you change or deactivate the phone number you provided to Replenysh, you must update your account information to help prevent us from inadvertently communicating with anyone who acquires your old number.

  1. Email. You agree that we may send you emails concerning our products and services, as well as those of third parties. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

  1. License and Intellectual Property. Subject to your complete and ongoing compliance with these Terms, Replenysh hereby grants you a personal, limited, revocable, non-transferable license to use the Service solely for your use with respect to your Recyclables. The Service, and the media and materials contained in the Service, including all intellectual property rights in the Service, are the sole and exclusive property of Replenysh. Except for the limited license expressly granted by and to you under these Terms, no other rights, licenses, or immunities are granted or shall be deemed to be granted under these Terms, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by Replenysh in these Terms are expressly reserved.

  1. Use of the Service. Without limiting the generality of Section 12 above, you agree to the following:

  • The Service, including any content that forms part of the Service, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright;

  • You may not alter, modify, create derivative works of, sell, license or in any way exploit any part of the Service, and you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service;

  • You will not bypass any security or other features of the Service designed to control the manner in which the Service is used, harvest or mine content from the Service, or otherwise access or use the Service in a manner inconsistent with these Terms;

  • You will not impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

  • You will not interfere with, disrupt, or place unreasonable burden upon the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

  • You will not attempt to gain access to secured portions of the Service to which you do not possess access rights;

  • You will not crawl, scrape, or otherwise monitor, with or without automated tools, the Service, to collect or compile information from the Service for any purpose;

  • You will not decipher, reverse engineer, decompile or disassemble the Service, or the software used to provide the Service, in whole or in part; and

  • You will not introduce viruses, time-bombs, worms, cancelbots, trojan horses and/or other harmful code into the Service.

  1. Indemnity. You are responsible for your use of the Service, and you agree to defend (at Replenysh’s option) and indemnify Replenysh and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation. Replenysh reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, Replenysh may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without Replenysh’s prior written consent.

  1. Disclaimer of Warranties. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY REPLENYSH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. REPLENYSH MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. REPLENYSH DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  1. Limitations of Liability.

IN NO EVENT SHALL REPLENYSH BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF REPLENYSH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  1. Term and Termination. These Terms are effective until terminated by you or Replenysh as described below. Your rights under these Terms will terminate automatically without notice from Replenysh if you fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). In addition, Replenysh may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service. You may terminate these Terms at any time by closing your account and ceasing use of the Service. Sections 4, 15, 16, 17 and 21 of these Terms will survive the termination of these Terms.

  1. Modification of these Terms. We reserve the right to update or modify these Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service, except as set forth below. These Terms identify the date of last update. Your use of the Service following any such change constitutes your agreement to be bound by the modified Terms. In the case of material changes to these Terms, we will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism.

Material changes to these Terms will be effective upon the earlier of:

  • Your first use of the Service with actual notice of such change, or

  • 30 days from posting of such change.

  1. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

  1. Miscellaneous. These Terms and Replenysh’s Privacy Policy incorporated herein by reference constitute the entire agreement between Replenysh and you. The failure by either party at any time or for any period of time to enforce any provision of these Terms shall not be construed as a waiver of that provision and shall not affect that party’s right to enforce that or any other provision at a later date. All captions and titles in these Terms are for convenience of reference only and are without legal significance or effect. If any provision of these Terms is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms and the remaining portions of these Terms shall continue in full force and effect. These Terms shall be governed by and construed in accordance with the laws of the State of California (exclusive of any rules regarding conflicts of laws that would cause the law of any other jurisdiction to apply). If a lawsuit or court proceeding is permitted under these Terms, you and Replenysh agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Orange County, California for the purpose of litigating any dispute.

“Replenysh” is a trademark of Replenysh, LLC. All rights in respect of this trademark are hereby expressly reserved.

These Terms of Use were last modified on May 25, 2017.