This Terms And Conditions Of Use Agreement applies tothe 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 (“RedemptionServices”). The App works with Stripe services (“Stripe Services”), and PayPal services, including Hyperwallet, ACH bank transfer via Hyperwallet, and Venmo (collectively referredto as “PayPal Services”) to facilitate Recycling Operators providing a range of payout solutions as part of each Recycling Operator’s particular RedemptionServices. 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, setforth on PayPal Services (Hyperwallet and PayPal legal agreements, and Venmo User Agreements) and Stripe Services (Stripe UserAgreements). Pleasereview these legal agreements carefully.
1. Agreement. This Agreement specifies the terms andconditions for access to and use of the App. This Agreement may be modifiedunilaterally 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 ofthis Agreement. This Agreement was last modified on June 16, 2026 (“LastModified Date”).
2. Privacy. Users’ use of the App is also governed by ourPrivacy Policy. The Privacy Policy is incorporated by this reference into thisAgreement.
3. Ownership. All content included on this App is andshall continue to be the property of Innovabin or its content suppliers and isprotected under applicable copyright, patent, trademark, and other proprietaryrights laws. Any copying, redistribution, use, or publication by you of anysuch content or any part of the App is strictly prohibited, except as expresslypermitted in this Agreement. Under no circumstances will you acquire anyownership rights or other interest in any content by or through your use of theApp.
4. IntendedAudience. This App is intended for adultsonly. This App is not intended for any children under the age of 13.
5. Trademarks. BOTTLEBANK® is a registered trademarklicensed 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 applicablelaws regarding your use of the App. You further agree that information providedby you to Innovabin or its third-party payment or technology vendors istruthful and accurate to the best of your knowledgea.
California and CalRecycle rules
i. Rules andRegulations. Currently all Recycling Operators utilizing the App tofacilitate their redemption solutions are certified by the CaliforniaDepartment of Resources Recycling and Recovery and are subject to Californialaw. The Recycling Operators utilizing the App to provide you withtheir separate Redemption Services operate under multiple regulationsincluding, but not limited to: Beverage ContainerRecycling 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, pleasevisit https://calrecycle.ca.gov/bevcontainer/ orCalRecycle’s site to locate alternative recycling locations at https://www2.calrecycle.ca.gov/wheretorecycle/.
ii. CRV Valueand Eligibility.
A. CaliforniaPurchased Beverage Containers Only. You will refrain fromattempting to redeem any beverage container through the App that was notpurchased in the State of California.
B. CRV Labels Required.Recycling Operators will only buy or redeem beverage containers with a visibleCRV label, unless exempt under the California BeverageContainer Recycling & Litter Reduction Act.Exemptions will be verified by the relevant Recycling Operator at the time ofinspection. As of January 1, 2024, theCalifornia Beverage Container Recycling & Litter Reduction Act newlyincludes redemption of containers holding wine (including sparkling orcarbonated beverages and non-alcoholic or light-alcohol wine), distilledspirits, wine or distilled-spirits coolers with any percentage ofalcohol by volume (including RTD mixed cocktails), fruit juices of 46 ounces ormore, and vegetable juice above 16 ounces. Newly included beverage containersmay include a box, bladder, pouch, or similar container, and eachcontainer 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 tospout and exterior cardboard box) to be eligible for a CRV refund. Acceptablelabeling options for CRV materials are: California Redemption Value; CARedemption Value; California Cash Refund; CA Cash Refund; and CA CRV.
C. As of July 1, 2026, all CRV containers must have proper CRV labeling. Onlythe following CRV containers do not require CRV labeling and must be redeemedafter July 1, 2026, without a CRV message:a. Wine andLiquor containers, if the containers were filled and labeled before July 1,2025.b. LargeFruit and Vegetable Juice containers, if the containers were filled andlabeled before July 1, 2024.c. Pleaseconsult the CalRecycle rules (here) for further information.
iii. Daily Load Limits. The daily load limits are set by CalRecycle (“LoadLimits”) and not by Innovabin or the Recycling Operators. Please see thespecific load limits based on your locations below, at Section 8(g(vii)).
7. Recycling Industry Regulations ChangeRapidly. The laws governing the recycling industry arerapidly 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. LimitedLicense. Subject to the terms and conditions ofthis Agreement, Innovabin grants you a non-transferable, non-exclusive,non-sublicensable, non-assignable, revocable, royalty-free, limited license touse the App solely for your own personal use only as minimally required toparticipate in the beverage container redemption process and not forrepublication, distribution, assignment, sublicense, sale, preparation ofderivative 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 inviolation of any law. You agree not to attempt to tamper with the security orfunctionality of the App, and to refrain from examination of files that containsensitive information (including as specifically defined in the Privacy Policyas “Information”) not normally viewed by any end-users, and/or containingInformation that does not belong to you. You are strictly prohibited fromproviding false information to Innovabin or its third-party vendors. Knowinglyproviding false, fictitious, or misleading information (i.e., false name orfalse bank account credentials), or otherwise intentionally misrepresentingoneself is not permitted by this Agreement. Utilizing the App or any useraccount in any way that is not consistent with this Agreement and the intendeduse of the App, including making two or more user accounts, or engaging inillegal, unethical, or malicious activity, is prohibited. In the event that anysuch activities are detected, we reserve the right to terminate the offendingaccounts.
b. LanguageAvailability and Informational Translations.
i. Englishshall control in the event of any conflict, inconsistency, or ambiguity betweenthe English version and any translated or summarized version.
ii. Toimprove accessibility and user experience, Innovabin may provide summaries,explanations, key terms, operational rules, or selected platform features inadditional languages, including Spanish and Chinese. Such translated materialsare provided for informational and convenience purposes only and do not constitutelegally binding versions of this Agreement. The translations are provided by athird party, and Innovabin shall not be liable for any inaccuracies.
iii. Users areresponsible for reviewing and understanding the official English-languageversions of all governing legal documents before using the App and Redemption Services.
c. Technicaland Operational Errors. The App and related systems may occasionallyexperience interruptions, delays, outages, inaccuracies, synchronizationfailures, processing delays, or technical errors. Innovabin does not guaranteeuninterrupted or error-free services, operation of the App, redemption system,QR functionality, payout systems, voucher systems, or account balance displays.In the event of atechnical or operational error, Innovabin reserves the right to: investigate affected transactions; delayprocessing; temporarily suspend affected features; or correct balances or redemptionproceeds where reasonably necessary.
d. Changesto Services and Features. Innovabin reserves the right to modify, suspend, discontinue,replace, limit, or update any aspect of the services or the App, including butnot limited to redemption procedures, voucher systems, payout methods, charityfeatures, or operational rules, at any time. Continued use of the App followingsuch 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. PaymentAccount Designation. A. Users may designate one default paymentaccount within the App for the purposes of receiving redemption proceeds or bagvouchers. Only the currently designated default payment account may be used foroutgoing transfers from the user’s account balance (the default account may be updatedby the user). Innovabin may restrict, delay, reject, or require verificationfor changes to a user’s default payment account for fraud prevention, security,compliance, or operational purposes.B. The useris solely responsible for maintaining accurate and current payment accountinformation. Innovabin shall not be responsible for delays, failed transfers,or losses resulting from inaccurate, outdated, inaccessible, or unauthorizedpayment account information provided by the user.
iii. AccountSecurity and Recovery.
A. Users maybe requested to provide optional account recovery information, including butnot limited to a phone number or other verification information, to facilitateaccount recovery and security verification processes.
B. If a userdeclines to provide recovery information, or if such information becomesoutdated, inaccessible, or unverifiable, Innovabin may be unable to restoreaccess to the account through simplified support procedures.
C. Innovabinreserves the right to require additional identity verification, ownershipverification, account activity confirmation, or other security procedures priorto granting account recovery requests. Innovabin shall not be liable for lossof access resulting from insufficient verification information or inability toconfirm account ownership.
iv. AccountAdjustments and Compensation.
A. IfInnovabin determines, in its sole reasonable discretion, that an operational,technical, processing, or accounting error has occurred, Innovabin may issuereimbursements or compensation to the user’s in-App account balance.
B. Once aBOTTLEBANK® 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,recalculated, reversed, or adjusted except where required by applicable law.Compensation or corrective credits issued by Innovabin are provided solely atInnovabin’s discretion unless otherwise required by law and shall notconstitute an admission of liability, wrongdoing, or continuing obligation.
v. FraudPrevention and Account Restrictions. Innovabinreserves 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 theRedemption Services, the App or redemption system. Suspicious activity mayinclude, without limitation:
A. submissionof ineligible materials;
B. repeatedcontamination violations;
C. duplicateredemption attempts;
D. manipulationof bag identifiers, QR codes, vouchers, or account information;
E. use ofunauthorized accounts or payment methods;
F. abnormalredemption patterns;
G. attemptsto circumvent operational or redemption limits; and,
H. Innovabinmay require additional verification or documentation prior to restoring accountaccess or releasing suspended balances.
vi. QR Codeand Account Authentication. QR codes,vouchers, account credentials, and related authentication tools are intendedsolely for authorized account use. Users are responsible for safeguarding access to theirQR codes and account credentials. Innovabin is not responsible for unauthorizedsubmissions, donations, redemptions, or account activity resulting from:
A. sharingQR codes;
B. compromiseddevices;
C. unauthorizedaccess;
D. usernegligence; or
E. screenshotsor duplicated codes used without authorization.Presentation of a valid QR code or account identifiermay be treated as authorized account activity unless the user previouslynotified Innovabin of unauthorized access. In case you detect unauthorized orother 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 Apputilizes a voucher-based system for the issuance, purchase, redemption,activation, or management of BOTTLEBANK® bags (“Bag Vouchers”). BagVouchers may be issued free of charge, purchased by users, distributed throughpromotions, partner programs, or otherwise made available through the App. The Bag Vouchers:a. have nocash value;b. arenon-transferable;c. aresubject to redemption conditions, usage limitations, or eligibilityrequirements set by law;d. do notguarantee redemption eligibility or payment for submitted materials.
B. Free starter rolls. Every new user that signs up to the App, as well asexisting users who update the App and begin using the voucher system, willautomatically 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-packrolls, a minimum redemption of 2 vouchers is required.
C. Use or purchase.
a. If aBOTTLEBANK® bag is successfully processed and deemed eligible, thena Bag Voucher will be received by the user.
b. RejectedBOTTLEBANK® bags do not qualify the user to receive a Bag Voucher inreturn.
c. Rejectionof BOTTLEBANK® bags are final, with no possibility of return.
d. BagVouchers may also be purchased via the App, using a credit card. The purchaseis made available by Stripe, a third-party service provider. Users are subjectto all applicable legal agreements, including the terms and conditionsset forth by Stripe (Stripe User Agreements).
D. Innovabinreserves the right to invalidate, suspend, revoke, or refuse Bag Vouchers incases 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, orguarantee any CRV. Any CRV associated with eligible beverage containers isestablished solely by applicable California law and the California BeverageContainer Recycling Program. Eligibility for redemption, including whether amaterial qualifies for CRV and the amount of any redemption value, isdetermined based on applicable laws, regulations, and program requirements.Users acknowledge that possession of materials, a bag, Bag Voucher, account, orany information displayed in the App does not create a right to redemption,payment, or acceptance of any material.
ii. There is no guaranteethat bags that were dropped off in the same session will be processed togetheron the same day.
iii. Users must use BOTTLEBANK® bags containingspecial QR code identification, or a placeholder for identification to use theApp. iv. Recycling Operators will refuse to provide servicesvia the App for any beverage containers provided in any bag that is not aBOTTLEBANK® bag purchased from Innovabin or Innovabin’s retailer partners.
v. Users acknowledge that the BOTTLEBANK® bagscontaining beverage container materials will be delivered to RecyclingOperators for inspection and weighing at a later time, at a different locationthan where deposited. This means it is not possible to determine at thedrop-off location whether any user’s deposited load exceeds the daily LoadLimits. Load limits are based on the drop-off date, not theprocessing date.
vi. BOTTLEBANK® North.
A. Certainlocations operate as BOTTLEBANK® North, under the dealer cooperativemodel 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 andoperational requirements applicable to dealer cooperative recycling centers:Customers using BOTTLEBANK® North locations acknowledge and agreethat additional terms, conditions, and limitations may apply pursuant toCalifornia Senate Bill 1013 (information can be found here) and CCRV's stewardship plan (the stewardshipplan 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 forbag in box beverage containers, or 250 pounds for glass beverage containersreceived from a given user per day.b. Any material received from a consumer in excess of thebelow-listed load limits, even if the material has a CRV refund value, will becategorized as scrap. The current scrap value is zero USD ($0).
B. BOTTLEBANK North locations follow rules set forth under 14 CCR § 2500.2a. 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 receivedfrom a given user per day. b. For any material received from a consumer in excess ofthese weight limits, Innovabin is authorized to pay the user the scrapvalue, but shall not pay in excess ofthe scrap value for the additional material.
viii. Weigh limit. There is a 20 poundsweight limit per BOTTLEBANK® bag. This is set to ensure that the bagdoes not get damaged or ripped. ix. BOTTLEBANK® bagcontent
A. Thecollection of mixed materials in BOTTLEBANK® bags isallowed.
B. All beverage container types, except for glass,are allowed to be lightly crushed.
C. The containers must not be crushed to the extent thatthe CRV label cannot be identified.
D. RecyclingOperators facilitating their Redemption Services via the App reserve the rightto reject any bags or their content, if it is suspectedthat the BOTTLEBANK® bag is;
a. filled with glass beverage containers above the limitmarker displayed on the bags, (in the case of older bags, a reasonable limitmust be maintained);
b. filled with beverage containers to the extent that itwould 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 anyline breakage, was previously redeemed or baled or is an out-of-statecontainer); e. contains material that is not whole nor free ofcontaminants such as dirt, excessive liquid, or other foreign substances;
f. contains material that does not have an eligible CRVlabel as defined in Section 6(a(ii) (or was crushed to the extent thatthe CRV label is not visible anymore);
g. contains crushed glass; orh. is suspected to have bag content that is above theallowed daily load limit.
x. Users may not putanything into BOTTLEBANK® bags or attempt to use the App with anyproduct that is not a beverage container meeting the requirements of CalRecycleor as stated in this Agreement. Any attempt to use the App for the deposit ofany biohazardous materials (such as dirty diapers, pet waste, syringes, spit,chewing tobacco or related products, or other biological materials orsubstances), or unclean beverage containers (such as containers carryingexcessive amounts of liquid, trash, or sticky residues) could result in theimmediate termination of the user account and forfeiture of funds therein.
xi. The user will be notified by the App of anybag quality issues or rejections imposed by any Recycling Operator.
xii. CharityDonations Available. The App may permit users to designate eligiblecharitable organizations to receive redemption proceeds associated with theirsubmitted BOTTLEBANK® bags. User may, at their own discretion, choseto donate their redemption proceeds. In such case, to ensure proper allocation of donations, the user is solelyresponsible for choosing which charity it wishes to donate to. Once a BOTTLEBANK® bag has beensubmitted, processed, or allocated within the system, donation allocations andredemption allocations may not be reversed,reassigned, modified, or recovered except at Innovabin’s sole discretion orwhere 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 designatedBOTTLEBANK® location, all materials contained within the bag shallbe deemed irrevocably transferred to BOTTLEBANK®. You herebyrelinquish all rights, title, and interest in and to the contents of the bag.Under no circumstances may the materials be reclaimed, returned, reassigned toa different customer, or otherwise recovered by you or any third party.
h. Redemptionproceeds and fees.
i. Payment of redemption proceeds. Users will be paid by weight, unless theuser requests to have their bag content counted, in which case the user isallowed only one (1) bag per visit to be counted. For the bag to be scanned forpayment by count, the user must present the correct QR code from the App to theRecycling Operator.
ii. BOTTLEBANK® bags are processed, and theirvalue 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 RecyclingOperators providing a range of payout solutions as part of each RecyclingOperator’s particular Redemption Services.
iv. Processing fee. Users’ processing fees for BOTTLEBANK® bagswill be waived, until further notice.
v. Transfer fees for bags are either, depending on thelocation
A. Waived, as part of the promotional period,until further notice, or;
B. Deductedfrom user’s balance during the transfer process of their redemption proceeds fromthe virtual balance via PayPal Services or Stripe Services to the chosen payoutlocation. and These fees passed through to users by Innovabin or RecyclingOperators will match the applicable payment processor’s fee, which may dependon the form of payment of the payout selected by the user (such as ACH banktransfer, 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 ACHbank transfer, via Hyperwallet, costs one dollar and twenty-five cent USD($1.25) fee per transfer. Please notethat the transfer fees are NOT set by us.
i. No Third-Party Redemption Services Permitted. Innovabin prohibits the use of thirdparties to use the App on behalf of any user.
j. Recordsand Evidence. Innovabin may maintain and rely upon operational records,digital logs, transaction histories, photographs, videos, weight records,processing data, QR scans, timestamps, 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 toseek credit for a bag that was presumably not accepted by a Recycling Operatorwithin the appropriate processing period, may contact customer support, viaemail at support@bottlebankca.com with “Bag Credit Inquiry” in the subjectline, or via phone at 1 (415) 907-5455, to inquire aboutreceiving credit from any Recycling Operator. Bag credit inquiries have to bemade 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 ofInnovabin, and Innovabin may terminate your use of the App at any time. However,termination of your access tothe App will only occur after the balance of funds in your account has been fullytransferred from the BOTTLEBANK® App to you.The suspension of an account and thus suspension of allowing a customer to dropoff 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 consumerfor 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 manmadedisaster or emergency for which a state of emergency has been declared by thePresident of the United States or the Governor, or for which a state ofemergency has been declared by a municipal emergency management coordinator.The conditions of disaster or of extreme peril to the safety of persons andproperty within the state are caused by such conditions as air pollution, fire,extreme heat, flood, storm, epidemic, riot, drought, sudden and severe energyshortage, plant or animal infestation or disease, earthquake, volcaniceruption, or other conditions, which, by reason of their magnitude, are or arelikely to be beyond the control of the services, personnel, equipment, andfacilities of any single county, city and county, or city;
ii. The material wasdestroyed by the cause of the state of emergency after being deposited by theconsumer.
n. Forfeiture of Funds Due to User Error. In order to accurately measure the weightof any bag and remit beverage container redemption funds to the correct useraccount, Recycling Operators rely on users of the App to follow the prescribedcheck-in and drop-off procedures. Failure to correctly utilize the App mayresult in the forfeiture of funds by the Recycling Operator. It is each user’sresponsibility to verify that the relevant BOTTLEBANK® bag is accounted for bythe Recycling Operators in that user’s account in the App.
9. ConditionalRedemption Services and Redemption Proceeds. All redemption transactions are subject to inspection,verification, and eligibility review. Redemption is not complete, and nopayment obligation arises, until the submitted materials have been received,inspected, and determined eligible by the Recycling Operator. The RedemptionServices 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 theuser;
e. Submission of the CRV eligible beverage containers forprocessing at a BOTTLEBANK® location;
f. Inspection and verification of the submitted bags andtheir 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 theright to reject submitted bags and their content if they are not compliant withany of the requirements set forth by this Agreement.
10. Indemnification. You agree to indemnify, defend, and holdInnovabin and our partners, employees, and affiliates, harmless from anyliability, loss, claim, and expense, including reasonable attorney’s fees,related to your violation of this Agreement, the Privacy Policy or use of theApp.
11. Disclaimer. THE INFORMATION ON THE APP IS PROVIDED ONAN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THEAPP 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 ALLOWLIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE ANDEXCLUSIVE REMEDY RELATING TO YOUR USE OF THE APP MUST BE TO DISCONTINUE USINGTHE APP.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL INNOVABIN BELIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL(INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THELIKE), 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 REMEDYFOR DISSATISFACTION WITH THE APP AND/OR CONTENT ON THE APP IS TO CEASE ALL OFYOUR APP USE. INNOVABIN IS NOT RESPONSIBLE FOR ANY ERRORS IN MEASURING THEWEIGHT OF A BAG OR DELAY IN MEASURING THE WEIGHT OF A BAG CREATED BY YOURVIOLATION OF THIS AGREEMENT OR ANY ACTION OF A RECYCLING OPERATOR. You may haveadditional rights under certain laws (including consumer laws) that do notallow the exclusion of implied warranties or the exclusion or limitation ofcertain damages. If these laws apply to you, the exclusions or limitations inthis Agreement that directly conflict with such laws may not apply to you.
13. Use of Information. Innovabin reserves the right, and youauthorize us, to use and assign all information regarding App uses by you, andall information provided by you, in any manner consistent with our PrivacyPolicy.
14. Copyrights and Copyright Agent. If you believe your work has been copiedin a way that constitutes copyright infringement, or your intellectual propertyrights have otherwise been violated, please provide a notice containing all ofthe following information to our Copyright Agent:
a. Anelectronic or physical signature of the person authorized to act on behalf ofthe owner of the copyright or other intellectual property interest;
b. Adescription of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim isinfringing is located on the App;
d. Youraddress, telephone number, and e-mail address;
e. Astatement by you that you have a good faith belief that the disputed use is notauthorized 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 thecopyright owner or authorized to act on the copyright owner's behalf.
OurCopyright Agent for Notice of claims of copyright infringement on the App isAttorney 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) 203-8479By Email: epicenter@tectoniclaw.com Subject Line: BOTTLEBANK Application – Notice ofCopyright Infringement
15. Applicable Law; Venue; Consent toJurisdiction. You agreethat the laws of the State of California (both substantive and remedial),without regard to conflicts of laws principles, will govern this Agreement, andany dispute that may arise between you and Innovabin or its affiliates relatedto the App. Any matter based upon or arising out of this Agreement, the matterscontemplated herein, or a dispute between the parties of any kind must beinitiated and prosecuted exclusively in the courts in the City and County ofSan Francisco, California. You expressly consent and submit to the personaljurisdiction and venue of the courts located within the City and County of SanFrancisco, 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 isadjudged 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 willin no manner affect the right to enforce the entire Agreement, and the waiverby Innovabin of any breach of any provision of this Agreement must not beconstrued to be a waiver by Innovabin of any succeeding breach of suchprovision or a waiver by Innovabin of any breach of any other provision. Anywaiver by Innovabin must be in writing and signed by an authorizedrepresentative of Innovabin.
18. Termination. Innovabin may terminate this Agreement andthe availability and functionality of the App at any time, with or withoutnotice, for any reason.
19. Relationship of the Parties. Nothing contained in this Agreement oryour use of the App will be construed to constitute you as a partner, jointventurer, employee, or agent of the Innovabin.
20. Entire Agreement. This Agreement constitutes the entireagreement between you and Innovabin regarding the terms and conditions of youruse of the App, and supersedes all prior or contemporaneous communications andproposals, whether electronic, oral, or written, between you and Innovabin withrespect to the App. Notwithstanding the foregoing, you may also besubject to additional terms and conditions, posted policies (including but notlimited to the Privacy Policy), guidelines, or rules that may apply when youuse the App. Innovabin may revise this Agreement at any time by updatingthis Agreement and posting it on the App. Your continued use of the Appafter any changes have been made to this Agreement signifies and confirms youracceptance of any such changes or amendments.
21. Contact Information. Innovabin may be contacted via email at support@bottlebankca.com with “BOTTLEBANK Application - Terms andConditions 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 legalagreements, including the terms and conditions and privacy statements setforth on PayPal Services (Hyperwalletand PayPal legal agreements,Venmo User Agreements).
23. StripeServices. Usersare subject to all applicable legal agreements, including the terms andconditions and privacy statements set forth on Stripe Services (Stripe User Agreements).