To be eligible to subscribe to the Service, you must meet the following criteria (the "Eligibility Criteria"):
You must reside within the fifty states of the United States of America ("U.S."), the District of Columbia, and certain US territories (collectively, the "Service Area") and have reached the age of 13.
By using the Service, you state that:
• You can form a binding contract with Olyns Inc.
• You are not a person who is barred from receiving the Service under the laws of the United States, the State of California or any other applicable jurisdiction—including, for example, that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
• You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
• You are using the Service on behalf of a business or some other entity, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the business or entity.
You must establish an Olyns Inc. account tied to the Service. Your account will establish your registered account ("Registered Account”).
Olyns grants you a limited, non-exclusive, non-transferable, royalty-free license to access, use, and privately display and utilize the Service and/or the Site on your personal Internet-connected devices, solely as provided in this Agreement for your personal use and only as long as you continue to meet all of the Eligibility Criteria and are not otherwise in breach of this Agreement. Please note that in order to access the Service and/or the Site, your device must be connected to the Internet, and you will be solely responsible for the cost and maintenance of any such Internet connection. Additionally, the Service will only operate on certain hardware and software platforms. It is your sole responsibility to ensure that you have access to the appropriate platforms required to access the Service. Please check the requirements periodically, as Olyns reserves the right to change or cease support of any hardware or software platforms at any time.
This license will enable you to deposit select CRV eligible beverage containers in the Olyns collection machines and redeem the applicable CRV deposit via the Service in accordance with the terms of this Agreement during the timeframe in which your account is active. Any unauthorized copy of the Service, the Site, underlying software, or any portion thereof will constitute a violation of copyright. Violation of this Agreement in any manner automatically terminates the license granted to you herein and obligates you to cease all use of the Service and the Site.
To access the Service, you will be required to create an Olyns Account with Olyns Inc. and through the Olyns App. Your Olyns account will establish your Registered Account.
When you create an Olyns account, you must provide certain information including, your first and last name, a valid mobile phone number, a valid email address, a password, and your ZIP code ("Required Information"). You can manage access to the Service and your Olyns account through the "Account" section of the Service.
You will be required to add an Olyns “Wallet Card” for either iOS or Android before your Registered Account can be completed. After this step, your Registered Account will be automatically validated each time you sign in to the Service.
It is a condition of use of the Service that all the details you provide, including Required Information, will be correct, current, and complete and will not violate any law. If Olyns believes the details are not correct, current or complete, do not meet the Eligibility Criteria, or that you have otherwise violated this Agreement or any law, we each have the right at our sole discretion to suspend, terminate or refuse you access to the Service, your Registered Account and/or the Site and any of its resources.
You are responsible for all activity occurring under your Registered Account including maintaining the confidentiality of your user name and password. You agree that you will:
Immediately notify Olyns of any unauthorized use of an email and/or password by contacting Olyns Support at 1-866-472-6432 or by sending us an email at email@example.com; and make sure that you properly exit the Service at the completion of each session. Olyns shall not be liable for any loss or damage arising from your use or misuse of your Registered Account or failure to comply with the registration requirements.
You are responsible for any activity that occurs in your Registered Account. So it’s important that you keep your Registered Account secure. One way to do that is to select a strong password that you don’t use for any other account.
By using the Service, you agree that, in addition to exercising common sense: You will not create more than one account for yourself. You will not create another account if we have already disabled your account, unless you have our written permission to do so. You will not share your password. You will not log in or attempt to access the Service through unauthorized third-party applications or clients. If you think that someone has gained access to your Registered Account, please immediately reach out to Olyns support.
Upon completion of sign up for the Service or the first time you cash out your CRV redemptions, Olyns will assist you in creating a PayPal account, if you do not already have such an account, using your email address.
You acknowledge that PayPal may charge you certain fees for the use of this account and that it is your sole responsibility to activate and maintain this account. If you do not wish to keep this payment account active, it is your responsibility to deactivate it. For the avoidance of doubt, PayPal is a Third Party Service, as defined in Section 13 of these Terms of Service.
You can cancel your Registered Account at any time by contacting Olyns Support at 1-866-472-6432 or by sending us an email at firstname.lastname@example.org and informing us that you wish your account to be deactivated.
The Service and the Site, and all materials incorporated in the Service and the Site (including, but not limited to text, photographs, graphics, video and audio) are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights under laws of the United States and other countries. The copyright proprietors have licensed this Content for private use only and not for public exhibition. Unauthorized copying, editing, exhibition, broadcast or distribution of a copyrighted program can result in severe criminal and civil penalties under U.S. laws. In particular, as of the date of publication of these Terms, criminal copyright infringement, including without monetary gain, is investigated by the FBI and is punishable by up to 5 years in prison and a fine of $250,000.
Some of the logos or other images incorporated by Olyns on the Service and the Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Olyns ("Trademarks"). All other trademarks are the property of their respective owners. Use of the Trademarks of Olyns or of any other party is not authorized in any manner other than as incorporated into the Service and the Site.
(a) You may not copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense or in any way exploit any part of the Service and/or the Site, or attempt to interfere with the operation of the Service in any way, except that you may access and display material and all other Content displayed on the Service for non-commercial, personal, entertainment use for a limited time only as strictly authorized herein. You may not use any data mining, robots, virus, worms, bugs, or similar data gathering and extraction tools on the Service or on any portion of the Service and/or the Site, or frame any portion of the Service and/or the Site, or attempt to tamper, hack, corrupt, or impair the administration and/or security of the Service and/or the Site. Without limiting the generality of the foregoing, you may not distribute any part of the Service over any network, including a local area network, nor sell or offer it for sale. You may not assign, sublicense, pledge or transfer any of your rights or obligations under this Agreement to any person or entity without Olyns’s prior written consent which may be withheld in Olyns’s sole discretion (and any such purposed assignment, pledge or transfer without such prior written consent shall be void ab initio). In addition, these files may not be used to construct any kind of database. You acknowledge that your use of the Service and your Registered Account is non-transferable. Any authorization to copy material granted by Olyns in any part of the Service and/or the Site for any reason is restricted for non-commercial, personal, entertainment use only, and is subject to your keeping intact all copyright, trademark and other proprietary notices. Using any material on any other service or networked computer environment is prohibited. Also prohibited are: decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software or digital rights management feature on the Service and/or the Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software or any feature of the Service and/or the Site, or intercepting and/or recording network communications transmitted between the Service and/or the Site and Olyns.
(b) Olyns respects the intellectual property rights of others and asks users of the Service and the Site to do the same. Olyns and its licensees and other Content partners reserve the right, at any time, to prosecute any violation of copyright or other intellectual property laws to the fullest extent of the law, including both civil and criminal penalties.
You are responsible for any mobile charges that you may incur for using the Service, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Service.
If you change or deactivate the mobile phone number that you used to create a Registered Account, you must update your account information through your Account within 72 hours to prevent us from sending to someone else redemption value intended for you.
At various times, Olyns may choose to make available updates, bug fixes, or other changes or enhancements to the Service and/or the Site (collectively, "Service Updates"). Service Updates may be:
(a) Automatic, such as in connection with general website changes and additional features or updates to data required by the Service;
(b) At your election, in which instance you will receive information and instructions for how to authorize optional Service Updates; and
(c) Mandatory, in which case you will be required to consent to the Service Update or install or upgrade a third-party plug-in if you wish to maintain continued access to the Service. Please note that the Service and/or the Site may be unavailable during a Service Update.
Olyns may suspend or terminate your Subscription and access to the Service, Site, and/or your Registered Account immediately for any reason or for no reason whatsoever, including if Olyns reasonably determines that you are in violation of this Agreement or receives information that you no longer meet the Eligibility Criteria. In such event, you must cease all use of the Service and the Site. The suspension or termination of your Subscription is in addition to, and not in lieu of, any rights and remedies available to Olyns, its partners and affiliates and/or any Subscription Provider under this Agreement or under applicable laws.
Additionally, you may terminate your account at any time by following the cancellation process set forth in Section 5 above.
This Agreement is effective until terminated; however, your past and any future use of the Service and/or Site shall be governed by the terms of this Agreement. Your rights under this Agreement will terminate automatically without notice from Olyns if you fail to comply with any term(s) of this Agreement.
For Customer Service inquires related to the Service and the Site, please visit our Help Center for our FAQ's. If you are unable to resolve your question using the Help Center, please contact Olyns Customer Support at 1-866-472-6432 or send us an email at email@example.com.
We take security very seriously. We have imposed security measures to ensure the protection of our Registered Account holders. Please see the Help Center for details. If you have reason to believe that your Registered Account credentials have been compromised or misappropriated in some way, you should contact us immediately at Olyns Customer Support at 1-866-472-6432 or send us an email at firstname.lastname@example.org.
Olyns may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use. Such Third Party Services are made available only as a convenience, and your access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers. Any use by you of Third Party Services offered through the Service is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
We do not provide any warranties or make representations to you with respect to Third Party Services. You acknowledge that Olyns has no control over Third Party Services and shall not be responsible or liable to you or anyone else for such Third Party Services. The availability of Third Party Services on Olyns’s app or website or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Olyns. Olyns does not guarantee the availability of Third Party Services and you acknowledge that Olyns may disable access to any Third Party Services at any time in its sole discretion and without notice to you.
The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and Olyns is not obligated to intervene in any dispute arising between you and a Third Party Provider.
Under no circumstances shall Olyns be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider. These limitations shall apply even if Olyns has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Olyns partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.
Accessing the Service via iOS products must be in accordance with the App Store Terms of Service in addition to the Terms set forth herein. You acknowledge and agree that Apple, Inc., ("Apple") and any subsidiaries of Apple, are third party beneficiaries to these Terms. Upon your acceptance of these Terms, Apple will have the right (and be deemed to have accepted the right) to enforce these Terms as a third party beneficiary.
(a) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on the Service and/or the Site.
(b) You are prohibited from using any services or facilities provided in connection with the Service and/or the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited.
(c) If Olyns believes that you have engaged in any fraudulent activity in connection with your use of the Service and/or the Site, we reserve the right to take any action to remedy such activity, including without limitation, termination of your Registered Account.
Olyns along with its respective affiliates reserve the right to investigate suspected violations of this Agreement, and may seek to gather information from the user who is suspected of violating the terms of this Agreement, and from any other user. We may suspend any users whose conduct is under investigation and may remove such material from its servers as we deem appropriate and without notice. If we believe, in our sole discretion, that a violation of these terms of this Agreement has occurred, we may warn users, suspend usernames and passwords, terminate Registered Accounts or take other corrective action deemed appropriate. We may also provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.
You agree to indemnify and hold harmless Olyns and their respective directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the "Indemnified Parties"), from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the Service's servers, and/or from any and all use of your Registered Account in violation of this Agreement or the failure to fulfill any obligations relating to your Registered Account incurred by you or any other person using your Registered Account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Our customer-service department can resolve most customer concerns quickly and to the customer's satisfaction. Please contact Olyns Support at 1-866-472-6432 or by sending us an email at email@example.com. In the unlikely event that you're not satisfied with customer service's solution (or if Olyns has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Unless expressly limited by this Dispute Resolution provision, arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $10,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from us to at least the same extent as you would be in court.
Claims Subject to Arbitration: and you agree to arbitrate all disputes and claims between us, except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;
• claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising);
• claims for mental or emotional distress or injury not arising out of physical bodily injury;
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class;
• claims that may arise after the termination of this Agreement.
(a) References to "Olyns," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, licensees, licensors, and providers of content as of the time your or our claim arises; our respective predecessors in interest, successors, and assigns; and all authorized or unauthorized users or beneficiaries of the Service under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an action in small claims court seeking only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and we are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
(b) Pre-Arbitration Notice of Disputes: A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). The Notice to Olyns should be sent by certified mail to: Cooley LLP, 3175 Hanover St, Palo Alto, CA 94304 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand").
If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or us is entitled.
(c) Arbitration Procedure: The arbitration will be governed by the Consumer Arbitration Rules ("AAA Rules") of the American Arbitration Association ("AAA"), as modified by this arbitration provision, and will be administered by the AAA. (If the AAA is unavailable, another arbitration provider shall be selected by the parties or by the court.) The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them in writing at the Notice Address. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision or whether a dispute can or must be brought in arbitration are for the court to decide. The arbitrator may consider but shall not be bound by rulings in other arbitrations involving different customers. Unless we and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as provided in subsection (6) below, the arbitrator can award the same damages and individualized relief that a court can award under applicable law.
(d) Arbitration Fees: After we receive notice at the Notice Address that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000 in value. (The filing fee currently is $200 but is subject to change by the arbitration provider. If you are unable to pay this fee, we will pay it directly upon receiving a written request at the Notice Address.) We will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse us for all monies we previously paid that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek relief valued at greater than $75,000 (either to you or to us), the payment of these fees will be governed by the AAA rules.
(e) Alternative Payment and Attorney Premium: If you initiated arbitration in accordance with the notice requirements above in subsection (2) and the arbitrator issues an award in your favor that is greater than the value of our last written settlement offer made before an arbitrator was selected, then we will:
• pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater;
• pay your attorney, if any, twice the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium")
If we did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits. In assessing whether an award that includes attorneys' fees or expenses is greater than the value of our last written settlement offer, the calculation shall include only the portion of the award representing attorneys' fees or expenses that you reasonably incurred pursuing the arbitration through the date of our settlement offer.
The right to the attorney premium supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover both the attorney premium and a duplicative award of attorneys' fees or costs. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in an arbitration, we agree that we will not seek such an award.
(f) Requirement of Individual Arbitration: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or private attorney general proceeding. If, after exhaustion of all appeals, any of these prohibitions on non-individualized declaratory or injunctive relief; class, representative, and private attorney general claims; and consolidation are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then that claim or request for relief shall be severed , and all other claims and requests for relief shall be arbitrated.
(g) Future Changes to Arbitration Provision: Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any future change to this arbitration provision (other than a change to the Notice Address) during your Service Commitment, you may reject any such change by sending us written notice within 30 days of the change to the arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Except as specified in Section 18 (Dispute Resolution), if any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
Olyns Inc. shall not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which shall refer to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Delaware, as they are applied to agreements entered into and to be performed entirely within Delaware and without regard to conflict of law principles, except to the extent that law is inconsistent with or preempted by federal law. To the extent that a dispute is not subject to arbitration under Section 18 (Dispute Resolution) of this Agreement, that action shall be brought in the appropriate state or federal court located in Delaware; and we both irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Delaware for the adjudication of all non-arbitral claims.