This Terms And Conditions Of Use Agreement applies to the BOTTLEBANK® Mobile Application (the “App”) owned and operated by Innovabin Inc. (“Innovabin,” “we,” “us,” or “our”) and is effective as ofJuly 1, 2024 (this “Agreement”). The App is designed to assist third parties in the recycling industry (“Recycling Operators”) to manage beverage container redemption under the BOTTLEBANK® mark (“Redemption Services”). The App works with Stripe services (“Stripe Services”), and PayPal services, including Hyperwallet, ACH bank transfer via Hyperwallet, and Venmo (collectively referred to as “PayPal Services”) to facilitate Recycling Operators providing a range of payout solutions as part of each Recycling Operator’s particular Redemption Services. By using this App, you (“you”, “your” or “user”) agree to comply with and be bound by this Agreement and all other applicable legal agreements, set forth on PayPal Services (Hyperwallet and PayPal legal agreements, and Venmo User Agreements) and Stripe Services (Stripe User Agreements). Please review these legal agreements carefully.
1. Agreement. This Agreement specifies the terms andconditions for access to and use of the App. This Agreement may be modified unilaterally at any time by Innovabin upon publication of a modified Agreement. Any such modifications will be effective immediately. The most recent versionof this Agreement will be published in both the Apple and Google Play stores. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement. This Agreement was last modified on June 16, 2026 (“Last Modified Date”).
2. Privacy. Users’ use of the App is also governed by our Privacy Policy. The Privacy Policy is incorporated by this reference into this Agreement.
3. Ownership. All content included on this App is and shall continue to be the property of Innovabin or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights laws. Any copying, redistribution, use, or publication by you of any such content or any part of the App is strictly prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the App.
4. Intended Audience. This App is intended for adults only. This App is not intended for any children under the age of 13.
5. Trademarks. BOTTLEBANK® is a registered trademark licensed for use by Innovabin. Other products or services mentioned on the App, in this Agreement, or in the Privacy Policy may be trademarks of theirrespective owners.
6. Compliance with Laws. You agree to comply with all applicablel aws regarding your use of the App. You further agree that information provided by you to Innovabin or its third-party payment or technology vendors is truthful and accurate to the best of your knowledge
a. California and CalRecycle rules
i. Rules and Regulations. Currently all Recycling Operators utilizing the App to facilitate their redemption solutions are certified by the California Department of Resources Recycling and Recovery and are subject to California law. The Recycling Operators utilizing the App to provide you with their separate Redemption Services operate under multiple regulations including, but not limited to: Beverage Container Recycling Pilot Program [Senate Bill 458]; California BeverageContainer Recycling & Litter Reduction Act [Assembly Bill 2020]; Beverage Container Recycling [SenateBill 1013], and https://calrecycle.ca.gov/laws/rulemaking/bagdrop/[Assembly Bill 1311]. For the latest regulatory updates by CalRecycle, please visit https://calrecycle.ca.gov/bevcontainer/ or CalRecycle’s site to locate alternative recycling locations at https://www2.calrecycle.ca.gov/wheretorecycle/.
ii. CRV Value and Eligibility.
A. California Purchased Beverage Containers Only. You will refrain from attempting to redeem any beverage container through the App that was not purchased in the State of California.
B. CRV Labels Required. Recycling Operators will only buy or redeem beverage containers with a visible CRV label, unless exempt under the California Beverage Container Recycling & Litter Reduction Act. Exemptions will be verified by the relevant Recycling Operator at the time of inspection. As of January 1, 2024, the California Beverage Container Recycling & Litter Reduction Act newly includes redemption of containers holding wine (including sparkling or carbonated beverages and non-alcoholic or light-alcohol wine), distilled spirits, wine or distilled-spirits coolers with any percentage of alcohol by volume (including RTD mixed cocktails), fruit juices of 46 ounces or more, and vegetable juice above 16 ounces. Newly included beverage containers may include a box, bladder, pouch, or similar container, and each container type has a value of twenty-five cents ($0.25), regardless of size. Bag-in-boxes must be intact as a single unit (interior flexible bag attached to spout and exterior cardboard box) to be eligible for a CRV refund. Acceptable labeling options for CRV materials are: California Redemption Value; CA Redemption Value; California Cash Refund; CA Cash Refund; and CA CRV.
C. As of July 1, 2026, all CRV containers must have proper CRV labeling. Only the following CRV containers do not require CRV labeling and must be redeemed after July 1, 2026, without a CRV message:
a. Wine and Liquor containers, if the containers were filled and labeled before July 1,2025.
b. Large Fruit and Vegetable Juice containers, if the containers were filled and labeled before July 1, 2024.
c. Please consult the CalRecycle rules (here) for further information.
iii. Daily Load Limits. The daily load limits are set by CalRecycle (“Load Limits”) and not by Innovabin or the Recycling Operators. Please see the specific load limits based on your locations below, at Section 8(g(vii)).
7. Recycling Industry Regulations Change Rapidly. The laws governing the recycling industry are rapidly evolving. This means that the assessment of Innovabin or a RecyclingOperator of the legality of its Redemption Services is subject to suddenchange.
8. App Use.
a. Limited License. Subject to the terms and conditions of this Agreement, Innovabin grants you a non-transferable, non-exclusive, non-sublicensable, non-assignable, revocable, royalty-free, limited license to use the App solely for your own personal use only as minimally required to participate in the beverage container redemption process and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the App, access files not owned by you, reverse engineer or break into the App, modify, tamper with, or use materials, Redemption Services, products, or services in violation of any law. You agree not to attempt to tamper with the security or functionality of the App, and to refrain from examination of files that contain sensitive information (including as specifically defined in the Privacy Policyas “Information”) not normally viewed by any end-users, and/or containing Information that does not belong to you. You are strictly prohibited from providing false information to Innovabin or its third-party vendors. Knowingly providing false, fictitious, or misleading information (i.e., false name or false bank account credentials), or otherwise intentionally misrepresenting oneself is not permitted by this Agreement. Utilizing the App or any user account in any way that is not consistent with this Agreement and the intended use of the App, including making two or more user accounts, or engaging in illegal, unethical, or malicious activity, is prohibited. In the event that any such activities are detected, we reserve the right to terminate the offending accounts.
b. Language Availability and Informational Translations.
i. English shall control in the event of any conflict, inconsistency, or ambiguity between the English version and any translated or summarized version.
ii. To improve accessibility and user experience, Innovabin may provide summaries, explanations, key terms, operational rules, or selected platform features in additional languages, including Spanish and Chinese. Such translated materials are provided for informational and convenience purposes only and do not constitute legally binding versions of this Agreement. The translations are provided by a third party, and Innovabin shall not be liable for any inaccuracies.
iii. Users are responsible for reviewing and understanding the official English-language versions of all governing legal documents before using the App and Redemption Services.
c. Technical and Operational Errors. The App and related systems may occasionally experience interruptions, delays, outages, inaccuracies, synchronization failures, processing delays, or technical errors. Innovabin does not guarantee uninterrupted or error-free services, operation of the App, redemption system, QR functionality, payout systems, voucher systems, or account balance displays. In the event of a technical or operational error, Innovabin reserves the right to: investigate affected transactions; delay processing; temporarily suspend affected features; or correct balances or redemption proceeds where reasonably necessary.
d. Changes to Services and Features. Innovabin reserves the right to modify, suspend, discontinue, replace, limit, or update any aspect of the services or the App, including but not limited to redemption procedures, voucher systems, payout methods, charity features, or operational rules, at any time. Continued use of the App following such modifications constitutes acceptance of the updated features, procedures, or Terms.
e. User Accounts.
i. One User Account Per Person. Each personmay create only one (1) user account.
ii. Payment Account Designation.
A. Users may designate one default payment account within the App for the purposes of receiving redemption proceeds or bag vouchers. Only the currently designated default payment account may be used for outgoing transfers from the user’s account balance (the default account may be updatedby the user). Innovabin may restrict, delay, reject, or require verification for changes to a user’s default payment account for fraud prevention, security, compliance, or operational purposes.
B. The user is solely responsible for maintaining accurate and current payment account information. Innovabin shall not be responsible for delays, failed transfers, or losses resulting from inaccurate, outdated, inaccessible, or unauthorized payment account information provided by the user.
iii. Account Security and Recovery.
A. Users maybe requested to provide optional account recovery information, including but not limited to a phone number or other verification information, to facilitate account recovery and security verification processes.
B. If a user declines to provide recovery information, or if such information becomes outdated, inaccessible, or unverifiable, Innovabin may be unable to restore access to the account through simplified support procedures.
C. Innovabin reserves the right to require additional identity verification, ownership verification, account activity confirmation, or other security procedures prior to granting account recovery requests. Innovabin shall not be liable for loss of access resulting from insufficient verification information or inability to confirm account ownership.
iv. Account Adjustments and Compensation.
A. If Innovabin determines, in its sole reasonable discretion, that an operational, technical, processing, or accounting error has occurred, Innovabin may issue reimbursements or compensation to the user’s in-App account balance.
B. Once a BOTTLEBANK® bag has been physically dropped off, processed, inspected, or finalized within the system, the contents, valuation, classification, weight, or redemption outcome of such bag may not be modified,r ecalculated, reversed, or adjusted except where required by applicable law. Compensation or corrective credits issued by Innovabin are provided solely at Innovabin’s discretion unless otherwise required by law and shall not constitute an admission of liability, wrongdoing, or continuing obligation.
v. Fraud Prevention and Account Restrictions. Innovabin reserves the right to monitor, review, investigate, suspend, delay, reject, reverse, or withhold transactions, payouts, bag submissions, voucher usage, account access, or account balances in cases involving suspected fraud, abuse, policy violations, suspicious activity, operational manipulation, or misuse of the Redemption Services, the App or redemption system. Suspicious activity may include, without limitation:
A. submission of ineligible materials;
B. repeated contamination violations;
C. duplicate redemption attempts;
D. manipulation of bag identifiers, QR codes, vouchers, or account information;
E. use of unauthorized accounts or payment methods;
F. abnormal redemption patterns;
G. attempts to circumvent operational or redemption limits; and,
H. Innovabin may require additional verification or documentation prior to restoring account access or releasing suspended balances.
vi. QR Code and Account Authentication. QR codes,vouchers, account credentials, and related authentication tools are intended solely for authorized account use. Users are responsible for safeguarding access to their QR codes and account credentials. Innovabin is not responsible for unauthorized submissions, donations, redemptions, or account activity resulting from:
A. sharing QR codes;
B. compromised devices;
C. unauthorized access;
D. user negligence; or
E. screenshots or duplicated codes used without authorization. Presentation of a valid QR code or account identifier may be treated as authorized account activity unless the user previously notified Innovabin of unauthorized access. In case you detect unauthorized or other suspicious activity related to your account, please contact us at support@bottlebankca.com, or via phone at 1 (415) 907-5455.
f. BOTTLEBANK® Bag Vouchers.
A. The App utilizes a voucher-based system for the issuance, purchase, redemption, activation, or management of BOTTLEBANK® bags (“Bag Vouchers”). Bag Vouchers may be issued free of charge, purchased by users, distributed through promotions, partner programs, or otherwise made available through the App. The Bag Vouchers:
a. have no cash value;
b. are non-transferable;
c. are subject to redemption conditions, usage limitations, or eligibility requirements set by law;
d. do not guarantee redemption eligibility or payment for submitted materials.
B. Free starter rolls. Every new user that signs up to the App, as well as existing users who update the App and begin using the voucher system, will automatically receive sixteen (16) Bag Vouchers. This is equivalent to two (2) rolls of BOTTLEBANK® bags. Bag Vouchers can be redeemed for BOTTLEBANK®️ bags in quantities of two (2) or more. Bags are provided in ONLY two-pack and eight-pack rolls, a minimum redemption of 2 vouchers is required.
C. Use or purchase.
a. If aBOTTLEBANK® bag is successfully processed and deemed eligible, then a Bag Voucher will be received by the user.
b. Rejected BOTTLEBANK® bags do not qualify the user to receive a Bag Voucher in return.
c. Rejection of BOTTLEBANK® bags are final, with no possibility of return.
d. Bag Vouchers may also be purchased via the App, using a credit card. The purchase is made available by Stripe, a third-party service provider. Users are subjectto all applicable legal agreements, including the terms and conditions set forth by Stripe (Stripe User Agreements).
D. Innovabin reserves the right to invalidate, suspend, revoke, or refuse Bag Vouchers in cases involving suspected fraud, misuse, duplication, technical manipulation, policy violations, or operational errors.
g. BOTTLEBANK® Bag Processing.
i. No Guarantee. The App does not create, assign, increase, or guarantee any CRV. Any CRV associated with eligible beverage containers is established solely by applicable California law and the California Beverage Container Recycling Program. Eligibility for redemption, including whether a material qualifies for CRV and the amount of any redemption value, is determined based on applicable laws, regulations, and program requirements. Users acknowledge that possession of materials, a bag, Bag Voucher, account, or any information displayed in the App does not create a right to redemption, payment, or acceptance of any material.
ii. There is no guarantee that bags that were dropped off in the same session will be processed together on the same day.
iii. Users must use BOTTLEBANK® bags containing special QR code identification, or a placeholder for identification to use theApp. iv. Recycling Operators will refuse to provide services via the App for any beverage containers provided in any bag that is not a BOTTLEBANK® bag purchased from Innovabin or Innovabin’s retailer partners.
v. Users acknowledge that the BOTTLEBANK® bags containing beverage container materials will be delivered to Recycling Operators for inspection and weighing at a later time, at a different location than where deposited. This means it is not possible to determine at the drop-off location whether any user’s deposited load exceeds the daily Load Limits. Load limits are based on the drop-off date, not the processing date.
vi. BOTTLEBANK® North.
A. Certain locations operate as BOTTLEBANK® North, under the dealer cooperative model in collaboration with Recycle Depot (Circular CRV Association ("CCRV")). Full details are available at https://www.bottlebankca.com/. Transactions conducted at these locations are subject to specific rules and operational requirements applicable to dealer cooperative recycling centers: Customers using BOTTLEBANK® North locations acknowledge and agree that additional terms, conditions, and limitations may apply pursuant to California Senate Bill 1013 (information can be found here) and CCRV's stewardship plan (the stewardship plan and other information can be found here).
B. Different rules mayapply per location. Please visit our website to learnmore about the details.
vii. Load Limits.
A. Regular BOTTLEBANK locations follow rules set forth under 14 CCR § 2768.
a. No more than 25 pounds for aluminum, plastic, multilayer pouches, or paperboard cartons beverage containers, 50 pounds for bag in box beverage containers, or 250 pounds for glass beverage containers received from a given user per day.
b. Any material received from a consumer in excess of the below-listed load limits, even if the material has a CRV refund value, will be categorized as scrap. The current scrap value is zero USD ($0).
B. BOTTLEBANK North locations follow rules set forth under 14 CCR § 2500.2
a. No more than 25 pounds of aluminum, plastic, multi-layer pouch, or paperboard carton beverage containers, 50 pounds of bagin box beverage containers, or 100 pounds of glass beverage containers received from a given user per day.
b. For any material received from a consumer in excess of these weight limits, Innovabin is authorized to pay the user the scrap value, but shall not pay in excess ofthe scrap value for the additional material.
viii. Weigh limit. There is a 20 pounds weight limit per BOTTLEBANK® bag. This is set to ensure that the bag does not get damaged or ripped.
ix. BOTTLEBANK® bag content
A. The collection of mixed materials in BOTTLEBANK® bags is allowed.
B. All beverage container types, except for glass, are allowed to be lightly crushed.
C. The containers must not be crushed to the extent that the CRV label cannot be identified.
D. Recycling Operators facilitating their Redemption Services via the App reserve the right to reject any bags or their content, if it is suspected that the BOTTLEBANK® bag is;
a. filled with glass beverage containers above the limit marker displayed on the bags, (in the case of older bags, a reasonable limit must be maintained);
b. filled with beverage containers to the extent that it would cause the bag to become over-full or to rip or tear;
c. in a poor condition, such as it is ripped, cut, untied, or unclosed;
d. contains ineligible material (material that has any line breakage, was previously redeemed or baled or is an out-of-state container); e. contains material that is not whole nor free of contaminants such as dirt, excessive liquid, or other foreign substances;
f. contains material that does not have an eligible CRV label as defined in Section 6(a(ii) (or was crushed to the extent that the CRV label is not visible anymore);
g. contains crushed glass; or
h. is suspected to have bag content that is above the allowed daily load limit.
x. Users may not put anything into BOTTLEBANK® bags or attempt to use the App with any product that is not a beverage container meeting the requirements of CalRecycle or as stated in this Agreement. Any attempt to use the App for the deposit of any biohazardous materials (such as dirty diapers, pet waste, syringes, spit, chewing tobacco or related products, or other biological materials or substances), or unclean beverage containers (such as containers carrying excessive amounts of liquid, trash, or sticky residues) could result in the immediate termination of the user account and forfeiture of funds therein.
xi. The user will be notified by the App of any bag quality issues or rejections imposed by any Recycling Operator.
xii. Charity Donations Available. The App may permit users to designate eligible charitable organizations to receive redemption proceeds associated with their submitted BOTTLEBANK® bags. User may, at their own discretion, chose to donate their redemption proceeds. In such case, to ensure proper allocation of donations, the user is solely responsible for choosing which charity it wishes to donate to. Once a BOTTLEBANK® bag has been submitted, processed, or allocated within the system, donation allocations and redemption allocations may not be reversed, reassigned, modified, or recovered except at Innovabin’s sole discretion or where required by law. Please check within the App which are currently ouravailable non-profit partners.
xiii. Once a bag is deposited and accepted at a designated BOTTLEBANK® location, all materials contained within the bag shall be deemed irrevocably transferred to BOTTLEBANK®. You hereby relinquish all rights, title, and interest in and to the contents of the bag. Under no circumstances may the materials be reclaimed, returned, reassigned to a different customer, or otherwise recovered by you or any third party.
h. Redemption proceeds and fees.
i. Payment of redemption proceeds. Users will be paid by weight, unless the user requests to have their bag content counted, in which case the user is allowed only one (1) bag per visit to be counted. For the bag to be scanned for payment by count, the user must present the correct QR code from the App to the Recycling Operator.
ii. BOTTLEBANK® bags are processed, and their value is credited within seventy-two (72) hours of bag drop-off.
iii. The App works with PayPal Services (Hyperwallet,Venmo, and ACH bank transfer through Hyperwallet) to facilitate Recycling Operators providing a range of payout solutions as part of each Recycling Operator’s particular Redemption Services.
iv. Processing fee. Users’ processing fees for BOTTLEBANK® bags will be waived, until further notice.
v. Transfer fees for bags are either, depending on the location
A. Waived, as part of the promotional period,until further notice, or;
B. Deducted from user’s balance during the transfer process of their redemption proceeds from the virtual balance via PayPal Services or Stripe Services to the chosen payout location. and These fees passed through to users by Innovabin or Recycling Operators will match the applicable payment processor’s fee, which may depend on the form of payment of the payout selected by the user (such as ACH bank transfer, PayPal, Hyperwallet, and Venmo). As of the Last Modified Date, PayPaland Venmo are charging a twenty-five cent USD ($0.25) fee per transfer, and ACH bank transfer, via Hyperwallet, costs one dollar and twenty-five cent USD($1.25) fee per transfer. Please notet hat the transfer fees are NOT set by us.
i. No Third-Party Redemption Services Permitted. Innovabin prohibits the use of third prties to use the App on behalf of any user.
j. Records and Evidence. Innovabin may maintain and rely upon operational records, digital logs, transaction histories, photographs, videos, weight records, processing data, QR scans, time stamps, geolocation data, surveillance footage, and system-generated records for purposes of fraud prevention, dispute resolution, operational review, compliance and enforcement of this Agreement.
k. Sales Final. ALL SALES BY USERS TO RECYCLING OPERATORS ARE FINAL. Users who inadvertently fail to follow the correct procedures, or who wish to seek credit for a bag that was presumably not accepted by a Recycling Operator within the appropriate processing period, may contact customer support, via email at support@bottlebankca.com with “Bag Credit Inquiry” in the subject line, or via phone at 1 (415) 907-5455, to inquire about receiving credit from any Recycling Operator. Bag credit inquiries have to be made via email within three (3) business days following the seventy-two (72) hours payment window after the bag drop.
l. Termination. Your use of this App is at the sole discretion of Innovabin, and Innovabin may terminate your use of the App at any time. However, termination of your access to the App will only occur after the balance of funds in your account has been fully transferred from the BOTTLEBANK® App to you.The suspension of an account and thus suspension of allowing a customer to drop off new bags can happen at any time, at the sole discretion of Innovabin.
m. State of Emergency. We are not required to return material, or make payment to a consumer for material that was destroyed during a state of emergency, as defined below, provided that both of the following conditions are met:
i. “State of emergency” means a natural or manmade disaster or emergency for which a state of emergency has been declared by the President of the United States or the Governor, or for which a state of emergency has been declared by a municipal emergency management coordinator. The conditions of disaster or of extreme peril to the safety of persons and property within the state are caused by such conditions as air pollution, fire, extreme heat, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, volcanic eruption, or other conditions, which, by reason of their magnitude, are or arel ikely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city;
ii. The material was destroyed by the cause of the state of emergency after being deposited by the consumer.
n. Forfeiture of Funds Due to User Error. In order to accurately measure the weigh of any bag and remit beverage container redemption funds to the correct user account, Recycling Operators rely on users of the App to follow the prescribed check-in and drop-off procedures. Failure to correctly utilize the App may result in the forfeiture of funds by the Recycling Operator. It is each user’s responsibility to verify that the relevant BOTTLEBANK® bag is accounted for by the Recycling Operators in that user’s account in the App.
9. Conditional Redemption Services and Redemption Proceeds. All redemption transactions are subject to inspection, verification, and eligibility review. Redemption is not complete, and no payment obligation arises, until the submitted materials have been received, inspected, and determined eligible by the Recycling Operator. The Redemption Services includes the following steps:
a. Creation of a user account;
b. Obtaining of Bag Vouchers;
c. Obtaining of BOTTLEBANK® bags;
d. Collection of CRV eligible beverage containers by the user;
e. Submission of the CRV eligible beverage containers for processing at a BOTTLEBANK® location;
f. Inspection and verification of the submitted bags and their content by Innovabin or another Recycling Operator;
g. Determination of eligibility by the Recycling Operator; and
h. Receiving the redemption proceeds, if approved. Innovabin and other Recycling Operators reserve the right to reject submitted bags and their content if they are not compliant with any of the requirements set forth by this Agreement.
10. Indemnification. You agree to indemnify, defend, and hold Innovabin and our partners, employees, and affiliates, harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement, the Privacy Policy or use of the App.
11. Disclaimer. THE INFORMATION ON THE APP IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. INNOVABIN DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, ANDANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP MUST BE TO DISCONTINUE USING THE APP.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL INNOVABIN BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE APP, YOUR APP USE, OR CONTENT ONTHE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APP AND/OR CONTENT ON THE APP IS TO CEASE ALL OF YOUR APP USE. INNOVABIN IS NOT RESPONSIBLE FOR ANY ERRORS IN MEASURING THE WEIGHT OF A BAG OR DELAY IN MEASURING THE WEIGHT OF A BAG CREATED BY YOUR VIOLATION OF THIS AGREEMENT OR ANY ACTION OF A RECYCLING OPERATOR. You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
13. Use of Information. Innovabin reserves the right, and you authorize us, to use and assign all information regarding App uses by you, and all information provided by you, in any manner consistent with our PrivacyPolicy.
14. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the App;
d. Your address, telephone number, and e-mail address;
e. Astatement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the App is Attorney Hannah Stitt with Tectonic Law PC who can be reached as follows: By Mail: 3929 24th Street, Suite 5, San Francisco, CA 94114By Phone: 1 (628) 203-8479 By Email: epicenter@tectoniclaw.com Subject Line: BOTTLEBANK Application – Notice of Copyright Infringement
15. Applicable Law; Venue; Consent to Jurisdiction. You agree that the laws of the State of California (both substantive and remedial), without regard to conflicts of laws principles, will govern this Agreement, and any dispute that may arise between you and Innovabin or its affiliates related to the App. Any matter based upon or arising out of this Agreement, the matters contemplated herein, or a dispute between the parties of any kind must be initiated and prosecuted exclusively in the courts in the City and County of San Francisco, California. You expressly consent and submit to the personal jurisdiction and venue of the courts located within the City and County of San Francisco, California. You consent to personal service at the address providedby you in your user account (if any).
16. Severability. If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision must be limited, or eliminated to the minimum extent necessary, so that this Agreement will otherwise remain in full force and effect.
17. Waiver. The failure of any provision of this Agreement will in no manner affect the right to enforce the entire Agreement, and the waiver by Innovabin of any breach of any provision of this Agreement must not be construed to be a waiver by Innovabin of any succeeding breach of such provision or a waiver by Innovabin of any breach of any other provision. Any waiver by Innovabin must be in writing and signed by an authorized representative of Innovabin.
18. Termination. Innovabin may terminate this Agreement and the availability and functionality of the App at any time, with or without notice, for any reason.
19. Relationship of the Parties. Nothing contained in this Agreement or your use of the App will be construed to constitute you as a partner, joint venturer, employee, or agent of the Innovabin.
20. Entire Agreement. This Agreement constitutes the entire agreement between you and Innovabin regarding the terms and conditions of your use of the App, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Innovabin with respect to the App. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the App. Innovabin may revise this Agreement at any time by updating this Agreement and posting it on the App. Your continued use of the App after any changes have been made to this Agreement signifies and confirms your acceptance of any such changes or amendments.
21. Contact Information. Innovabin may be contacted via email at support@bottlebankca.com with “BOTTLEBANK Application - Terms and Conditions of Use” in the subject line for any questions or inquiries, or viaphone at 1 (415) 907-5455.
22. PayPalServices. Users are subject to all applicable legal areements, including the terms and conditions and privacy statements set forth on PayPal Services (Hyperwallet and PayPal legal agreements,Venmo User Agreements).
23. StripeServices. Users are subject to all applicable legal agreements, including the terms and conditions and privacy statements set forth on Stripe Services (Stripe User Agreements).