Terms of Service
**Updated Oct 3, 2022**
Thanks for checking out Recycle From Home™! Recycle From Home LLC (“Recycle From Home”, “We”, “Us”, or “Our”) provides a mobile residential recycling service (the “Service”) which permits you (“You”, “Your”, or “Yourself”) to recycle California Refund Value (“CRV”) aluminum, plastic, and glass beverage containers (“CRV Containers”) from the comfort of Your home. To receive the Service, You will be provided access to a proprietary software application (the “RFH Portal”) via the Recycle From Home website (the “Website”) which will permit You to request the pick-up of Your CRV Containers, track the amount of CRV Containers that You have recycled through Recycle From Home, and account for the redemption funds that You have earned and been paid.
SECTION 1 – ONLINE SITE TERMS.
These Terms of Service (the “Terms” or “Agreement”) govern the terms and conditions of the Service and Your use of the RFH Portal. These Terms constitute a legally binding agreement made between You, on the one hand, and Recycle From Home, on the other. You agree that by following the prompt when registering for the Service and checking the box providing for “I Agree to these Terms of Service”, You are representing to Recycle From Home that You have read, understood, and agree to be bound by all of the terms, conditions, and restrictions set forth in these Terms. You further agree that by using the Service or the RFH Portal, You are agreeing to be bound by these Terms. If You do not agree to all of the terms and conditions set forth in these Terms, then You are strictly prohibited from utilizing the Service and the RFH Portal.
Recycle From Home may amend, modify, revoke, or replace these Terms from time to time. Recycle From Home reserves the right, in its sole discretion, to make changes or modifications to these Terms at any time and for any reason. Recycle From Home will alert You electronically to any changes of the new, amended, or supplemental Terms by sending You notice via text message, e-mail, or by posting them on the Website or the RFH Portal. It is Your responsibility to check the Website periodically for changes made to these Terms. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any amended, revised, or new Terms by Your continued use of the Service and/or the RFH Portal. These Terms apply to all users of the Service and/or the RFH Portal, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
By agreeing to these Terms, You represent that You are at least the age of majority in Your state or province of residence, or that You are the age of majority in Your state or province of residence and You have given Us Your consent to allow any of Your minor dependents to use this site. You may not use Our Service or the RFH Portal for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate suspension or termination of the Service, and You will no longer be able to access the RFH Portal.
SECTION 2 –THE RECYCLE FROM HOME SERVICE.
We want to provide the best recycling service to You. Below is how the Service works and some basic guidelines. If You have any questions, please feel free to ask.
• Once You have registered for the Service, We will send You bags in which You will place Your CRV Containers (“RFH Bags”). We will also provide You with unique bar code labels that identify the CRV Containers as being recycled by You.
• You will need to sort Your CRV Containers before We will pick them up for You. Aluminum, plastic, and glass containers must be sorted and placed into their own separate RFH Bags. We will not take RFH Bags that have combined aluminum, plastic, or glass containers, nor will You be paid for Your CRV Containers if they are not properly sorted.
• Please be sure to securely tie each bag and affix Your bar code label to the outside of each bag. If You fail to affix Your bar code, You will not receive payment for Your CRV Containers.
• We do not come to Your home unless You tell Us to. If You want Us to pick up Your recycling, please utilize the “Request Pickup” prompt on the RFH Portal.
• If You schedule a pickup, but do not leave anything for Us, We will not be able to come until You reschedule.
• RFH Bags need to be placed in a visible and convenient location for pick up. We will not pick up RFH Bags that You leave behind gates, doors, or other barriers.
• Once We pick something up, We cannot get it back to You, so make sure You are ready to let it go.
• All payments made for recycling are in accordance with California CA-CRV redemption values.
SECTION 3 – CONDITIONS OF SERVICE.
In registering for the Service, You agree: (i) to provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form (“Registration Data”); (ii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (iii) that You have an ownership interest in the CRV Containers You are providing to Recycle From Home; and (iv) that Recycle From Home has the right to access Your residence, and You have all the necessary permissions from other persons or entities who also have an interest in Your residence. By placing items within the RFH Bags for pickup, You agree that the items left are legally owned by You and not otherwise owned or controlled by a third party. Once Your CRV Containers are picked up, We cannot, and shall have no obligation to, locate and return those CRV Containers. You agree that We are acting as agents for the caretaking and handling of Your recyclable items.
Unless otherwise arranged, We will not take any items outside of the RFH Bags. If You register for the Service, but fail to properly place Your CRV Containers in the RFH Bags, We have no obligation to pick up and process Your CRV Containers. We reserve the right to sell Your CRV Containers to a recycling collection or processing business of Our choosing. If the items You have for pickup exceed the boundaries of the RFH Bags without prior permission or as specified by a singular pickup, We reserve the right to leave the items not within the boundaries of the RFH Bags.
By agreeing to these Terms, receiving the Service, and/or accessing the RFH Portal, You represent and warrant that: (i) You have the legal capacity to enter into this Agreement; (ii) You have read and understand the terms and conditions of this Agreement; (iii) You agree to comply with these Terms; (iv) Your performance of these Terms will not violate any Applicable Law (as defined herein) or any other agreement to which You are a party; (v) You are fully and individually responsible for the Service Fees (as defined herein); (vi) the information that You have provided to Recycle From Home is truthful and accurate; (vii) You will maintain the accuracy of such information and promptly update any information which is or becomes inaccurate immediately as necessary; (viii) Your use of the RFH Portal will not violate any Applicable Laws or any other agreement to which You are a party and You are using the RFH Portal solely for the Approved Use (as defined herein); (ix) You will not use the RFH Portal to defraud or mislead any person or entity or for any other illegal purpose; and (x) You will not access the RFH Portal through automated or non-human means, whether through a bot, script or otherwise.
SECTION 4 – PAYMENT FOR CRV CONTAINERS AND SERVICE FEES.
Within five (5) business days after We pick up Your CRV Containers, You will be provided a payment for the CRV Containers less the Service Fees. Your payment (“CRV Payment(s)”) will be based upon the then current CRV rates, which can be found at https://calrecycle.ca.gov/BevContainer/Retailers/CRVReceipts (“CRV Rates”). CRV Rates are constantly changing and Recycle From Home reserves the right to change the CRV Rates at any time without notice to You.
CRV Payments are made via Venmo and/or PayPal, and therefore, in order to receive Your CRV Payment, You will need to have a valid Venmo or PayPal account. You will be required to provide Recycle From Home with Your Venmo or PayPal account information before receiving the Service. Recycle From Home shall not be responsible for Your failure to provide accurate Venmo or PayPal account information, or for CRV Payments that are lost and/or not received due to an error caused by, or related to, the Venmo or PayPal payment services or software. A single Venmo or PayPal account cannot be associated with or used for multiple users of the Service.
You will not receive payment for Your CRV Containers if: (i) any of the CRV Containers are discovered to have originated outside of California; (ii) You have not properly segregated the aluminum, plastic, and glass containers; (iii) there is any trash or refuse in Your RFH Bags, or any other items that are not CRV aluminum, plastic, and glass containers.
In exchange for the Service, Recycle From Home will charge You a fee equal to ten percent (10%) of the total CRV Payment made for each pick up (“Service Charge”). In addition to the Service Charge, Recycle From Home will charge a payment provider fee in the amount of Twenty-Five Cents ($0.25) per CRV Payment (“Payment Provider Fee”, and collectively with the Service Charge, the “Service Fee(s)”). The Service Fee will be automatically deducted from Your CRV Payment and will be reflected in the RFH Portal. You will not receive Your CRV Payment unless and until You have submitted to Recycle From Home not less than Twenty Five Dollars ($25.00) worth of CRV Containers (“Payment Threshold”). Balances below Twenty Five Dollars ($25.00) will remain accounted for, however, it will not be distributed to You until the Payment Threshold has been reached.
SECTION 5 – REFUSAL OF SERVICE.
We reserve the right to refuse providing the Service or the RFH Portal to anyone for any reason at any time. You understand that Your content may be transferred unencrypted and involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or the RFH Portal, use of the Service, or access to the Service or any contact on the Website through which the Service and RFH Portal is provided, without express written permission by Us.
SECTION 6 – LIMITATION OF SERVICES OFFERED.
The Service is only accessible online through the RFH Portal. We reserve the right, but are not obligated, to limit the Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the Service that We offer and to offer the Service at different prices based on the costs to serve different geographic areas. We reserve the right to refuse Service to any household for any or no reason.
All descriptions of the Service and the Service Fees are subject to change at any time without notice, in Our sole discretion. We reserve the right to discontinue any Service at any time. Any offer for any product or Service made on this Website is void where prohibited. We do not warrant that the quality of any products, Service, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Service will be corrected.
SECTION 7 – THE RFH PORTAL.
When You register for the Service, You will be asked to create a unique username and password (“Login Credentials”) in order to access the RFH Portal. You are solely responsible for safeguarding and maintaining the confidentiality of Login Credentials. You authorize Recycle From Home to assume that any person using the RFH Portal with Your Login Credentials is You. You agree to notify Us immediately if You suspect or become aware of any unauthorized use of Your Login Credentials.
You authorize Recycle From Home, directly or through third parties, to make any inquiries We consider necessary to validate or authenticate Your identity or information. This may include asking You for further information and/or documentation about Your usage of the RFH Portal or identity or requiring You to take steps to confirm Your identity or Your e-mail address. You understand and hereby agree that We may verify Your information against third-party databases or through other sources. This process is for internal verification purposes.
Access to the RFH Portal.
You hereby acknowledge and agree that Recycle From Home has made no representation or warranty with respect to the functionality or availability of the RFH Portal and that all or any portion(s) thereof may be unavailable to You for use either temporarily or permanently without notice. We reserve the right in Our sole discretion, without notice, to suspend Your access to parts of the RFH Portal or to change the content, presentation, performance, or functionality thereof. We reserve the right to monitor, edit, and remove any content available on the RFH Portal, but do not have any obligation to do so.
You acknowledge and agree that should You revoke access rights, Recycle From Home may, in its sole and absolute discretion: (i) suspend or terminate Your use of the RFH Portal; or (ii) suspend or cease providing any of the services rendered pursuant to these Terms.
Grant of License.
Subject to the conditions and restrictions of these Terms, Recycle From Home hereby grants to You a non-exclusive, nontransferable, royalty-free, right and license (the “License”) to access and use the RFH Portal solely for the Approved Use until such time that Recycle From Home terminates, suspends, or otherwise restricts Your use of the RFH Portal. “Approved Use” shall mean the conduct, information, or activity of or provided by You in furtherance of the Service.
Conditions of License.
Recycle From Home shall retain all right, title and interest, including all intellectual property and other proprietary rights, in and to the RFH Portal, or any parts or components thereof, including all derivative works thereof. You acknowledge that Recycle From Home owns or licenses various development tools, routines, subroutines and other programs, data and materials provided with or embedded within the RFH Portal that were developed or procured by Recycle From Home prior to, and independent of, the development of the RFH Portal (collectively, the “Background Technology”). Recycle From Home retains all right, title and interest, including all intellectual property and other proprietary rights, in the Background Technology. You shall not copy or remove from the RFH Portal, or alter, any of Our trademarks, trade names, logos, patent or copyright notices or markings, or add any other notices or markings to the RFH Portal.
Restrictions on License.
You shall not, directly or indirectly: (i) disassemble, decompile, or reverse engineer the RFH Portal or any improvement made thereto, or in any way attempt to discover or reproduce source code thereof; (ii) make the RFH Portal available to any other person or third-party, whether on a time-sharing or service bureau basis, or otherwise attempt to resell to any third-party the right to use the RFH Portal; (iii) create any derivative work of the RFH Portal; or (iv) use the RFH Portal for any illegal or unauthorized purpose, or for any purpose that would violate Applicable Laws, or any proprietary right of a third-party.
You shall have access, through the RFH Portal, to third-party software, products, applications, or services, and information pertaining to each (“Third-Party Applications”) which may be integrated into, or used in connection with, the RFH Portal. You hereby authorize Recycle From Home to permit the Third-Party Applications access to the RFH Portal and any content You are permitted to access or view on the RFH Portal. You acknowledge and agree that Recycle From Home shall have no responsibility or liability arising from: (i) actions or omissions associated with the Third-Party Applications; or (ii) Your use of the Third-Party Applications. You further agree that You shall abide by any and all terms, conditions, policies, and/or procedures that are distributed by the Third-Party Applications, which are incorporated herein by reference.
Master License Agreements.
You hereby acknowledge that Recycle From Home may have licensed certain aspects of the RFH Portal, including but not limited to the Third-Party Applications, pursuant to a written License Agreement (“Master License Agreement(s)”). Recycle From Home’s rights and continued use of the RFH Portal is conditioned upon adherence to the terms and conditions of these Master License Agreements. You understand and agree that these Terms may change to reflect any changes in the Master License Agreements, and that You shall be required to adhere to the terms, conditions, and restrictions set forth in the Master License Agreements.
The RFH Portal and all source code, databases, functionality, software, web designs, audio, video, text, photographs and graphics on the RFH Portal (collectively, the “Proprietary Content”) and the trademarks, service marks, and logos contained therein (collectively, the “Marks”) are owned or controlled by Recycle From Home or licensed to Recycle From Home, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Proprietary Content and the Marks are provided on the RFH Portal “AS IS” / “WHERE IS” for Your information and personal use only. No part of the RFH Portal and no Proprietary Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Recycle From Home’s express prior written permission.
You are solely responsible for any information or communications that You upload, post, or transmit via the RFH Portal (“User Content”). You hereby grant Recycle From Home a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercise all copyright and publicity rights with respect to the User Content and to use the same in Recycle From Home’s sole discretion. You represent and warrant that such User Content is true and accurate, and Recycle From Home’s use of, or reliance upon, any such User Content does not and will not infringe any Applicable Laws or the legal rights of any individual, business, or other organization. Recycle From Home takes no responsibility and assumes no liability for any User Content.
Recycle From Home shall not be responsible for any inadvertent or accidental exposure of Your User Content and any other information concerning You that is received or collected by Recycle From Home (“User Data”) arising from or caused by Your negligence or misconduct. You authorize Recycle From Home to maintain a copy of all Your User Data after this Agreement is terminated.
You are responsible for verifying the accuracy of all Your User Data. Recycle From Home is not responsible for verifying that Your User Data is accurate or that the information or documents that You provide to Recycle From Home is truthful and accurate. If You believe that any aspect of Your User Data is inaccurate for any reason, You should immediately contact Recycle From Home at email@example.com.
You agree to promptly update any inaccurate information, including but not limited to Your e-mail address, Venmo or PayPal account information, so that We can complete Your transactions and contact You as needed.
You may not access or use the RFH Portal for any purpose other than that for which Recycle From Home makes the RFH Portal available. The RFH Portal may not be used in connection with any commercial endeavors except the Approved Use or those activities that are specifically endorsed or approved by Recycle From Home in writing. You may not use the RFH Portal in any manner that could damage, disable, overburden, or impair Our servers, the RFH Portal, or otherwise interfere with any other party’s use of the RFH Portal. You may not attempt to gain unauthorized access to any part of the RFH Portal, another user of the RFH Portal, computer systems or networks connected to the RFH Portal, or any other software or application developed and/or published by Recycle From Home, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the RFH Portal.
In connection with receiving the Service, or using, accessing, uploading information to, or communicating through, the RFH Portal or Website, You will not: (i) systematically retrieve data or other content from the RFH Portal to create or compile directly or indirectly, a collection, compilation, or database, without written permission from Us; (ii) make any unauthorized use of the RFH Portal, including collecting usernames and/or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses; (iii) circumvent, disable, or otherwise interfere with security-related features of the RFH Portal, including features that prevent or restrict the use or copying of any Proprietary Content, or enforce limitations on the use of the RFH Portal and/or the content contained therein; (iv) engage in unauthorized framing of or linking to the RFH Portal; (v) trick, defraud, or mislead Recycle From Home and other users, especially in any attempt to learn sensitive account information such as user passwords; (vi) make improper use of the RFH Portal services or submit false reports of abuse or misconduct; (vii) engage in any automated use of the system, such as using scripts, or using any data mining, robots or similar data gathering and extraction tools; (viii) interfere with, disrupt, or create an undue burden on the RFH Portal or the networks or services connected to the RFH Portal; (ix) attempt to impersonate another user or person, or use the username or password of another user or person; (x) use the RFH Portal, or any information obtained from the RFH Portal, to harass, abuse, or harm another person; (xi) upload or transmit (or attempt to upload or transmit) viruses, or Trojan horses; (xii) disparage, harass, defame, slander, tarnish, or otherwise harm, in Our opinion, Recycle From Home, the RFH Portal, or another user of the RFH Portal; (xiii) take any action that may undermine Our feedback or ratings systems; (xiv) distribute or post spam, unsolicited or bulk electronic communications; (xv) infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights which belong to Us or any third-party; (xvi) use the RFH Portal or the Service in a manner inconsistent with any applicable federal, state, or local laws or regulations (“Applicable Law(s)”), or to solicit others to violate Applicable Laws; (xvii) engage in any obscene or immoral conduct; and/or (xviii) post, communicate, or transmit any User Content which is inaccurate, misleading, or otherwise violates Applicable Law.
Information And Access Management.
We reserve the right, but not the obligation: (i) to monitor the RFH Portal, including Your User Content, for violations of these Terms; (ii) to remove User Content from the RFH Portal, or suspend Your access to the RFH Portal, if the User Content or Your use of the RFH Portal is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the terms of these Terms; (iii) take appropriate legal action against anyone who, in Recycle From Home’s sole discretion, violates any Applicable Law or these Terms; (iv) in Recycle From Home’s sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent that is technologically feasible) any of Your User Content or any portion thereof; and (v) otherwise manage the RFH Portal in a manner designed to protect Recycle From Home’s rights and property and to facilitate the proper functioning of the RFH Portal.
RFH Portal Modifications/Interruptions.
Recycle From Home reserves the right to change, modify, or remove the contents that have or presently exist on the RFH Portal at any time or for any reason in Our sole discretion without notice. However, Recycle From Home has no obligation to update any information on the RFH Portal. Recycle From Home also reserves the right to modify or discontinue all or part of the RFH Portal without notice at any time. Recycle From Home will not be liable to You or any third-party for any modification, suspension, or discontinuance of the RFH Portal.
Recycle From Home cannot guarantee that the RFH Portal will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the RFH Portal, resulting in interruptions, delays, or errors. You agree that Recycle From Home shall have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the RFH Portal. Nothing in these Terms will be construed to obligate Recycle From Home to maintain and support the RFH Portal or to supply any corrections, updates, or releases in connection therewith.
SECTION 8 – ACCURACY OF INFORMATION.
We are not responsible for ensuring that information made available via the RFH Portal or the Website is accurate, complete or current. The material on the RFH Portal and Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the RFH Portal and Website is at Your own risk. The RFH Portal and Website may contain certain historical information. Historical information, necessarily, is not current and is provided for Your reference only. We reserve the right to modify the contents of the RFH Portal and the Website at any time, but We have no obligation to update any information on the Website or the RFH Portal. You agree that it is Your responsibility to monitor changes to the RFH Portal and Website.
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS.
Occasionally there may be information in the RFH Portal, the Website, or the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the RFH Portal, Website, or the Service or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the RFH Portal, Website, or Service or on any related website, including without limitation, pricing information, except as required by law.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS.
If, at Our request, You send certain specific submissions (for example, contest entries) or, without a request from Us, You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, “Comments”), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that You forward to Us. We are and shall be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay compensation for any Comments; or (iii) to respond to any Comments.
You agree that Your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than Yourself, or otherwise mislead Us or third parties as to the origin of any Comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third-party.
SECTION 11 – OPTIONAL TOOLS.
We may provide You with access to third-party tools over which We neither monitor nor have any control nor input. You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional third-party tools.
Any use by You of optional tools offered through the Website is entirely at Your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12 – THIRD-PARTY LINKS.
Certain content, products and services available via Our Service, the RFH Portal, and the Website may include materials from third parties. Third-party links on the Website may direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
Please review carefully the third-party’s policies and practices and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 – CASH BONUS PROGRAMS.
From time to time, Recycle From Home will offer bonuses or rewards (“Program Bonuses”) for New Users (as defined herein) of the Service (“New User Program”), or existing users who have referred new users who have successfully registered for the Service (“Referral Program”, and collectively with the New User Program, the “Reward Program(s)”). Participation in Our Reward Programs is limited to members located in the geographic areas in which Recycle From Home is operating. The terms or conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. All Program Bonuses are subject to review. Recycle From Home reserves the right to withhold, deny or cancel any Program Bonuses and/or terminate this Agreement if Recycle From Home, in its sole discretion, deems any Program Bonuses as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with this Agreement or any other Applicable Law.
New User Program.
If a New User Program is being offered, as determined by Recycle From Home in its sole discretion, a New User that registers for the Service will receive a Five Dollar ($5.00) bonus to be included in their first CRV Payment. “New User(s)” shall mean a natural person who: (i) has never registered or used the Recycle From Home Service, as determined by Us in Our sole discretion; (ii) has a household address not already registered with Recycle From Home and within a geographic area that Recycle From Home is serving; (iii) meets the Payment Threshold by utilizing the Service within ninety (90) days of registering; and (iv) agrees to these Terms.
If a Referral Program is being offered, as determined by Recycle From Home in its sole discretion, an existing user of the Recycle From Home Service (“Referrer(s)”) who refers a New User to Recycle From Home, as determined by Recycle From Home in its sole discretion, shall receive a Five Dollar ($5.00) bonus to be included in their CRV Payment.
The following is a non-exhaustive list of activities that are not permitted and that will disqualify New Users and Referrers from earning Program Bonuses through the Reward Programs: (i) self-referral; (ii) attempting to recycle CRV Containers on behalf of another user of the Service; (iii) creating fake accounts, blogs, web pages, profiles, websites, links or messages; (iv) any bulk e-mail distribution, submission or distribution to strangers, or any other promotion that would constitute or appear to constitute unsolicited commercial e-mail or “spam”; (v) posting a referral link on any page that is not owned and controlled by You, including, but not limited to, any merchant, Facebook, or forum page; (vi) placement of Our logos or mention of Our trademarks or tradenames in any ad text, extensions or banner ads; (viii) paid advertising for the purpose of generating traffic directly to Your referral link or for the purpose of referrals; (ix) misleading or attempting to mislead anyone in connection with a Reward Program, including, but not limited to, misrepresenting Your relationship with Us or posing as Our representative in an official capacity; (x) accessing the Reward Program other than with a commercial browser (such as Microsoft Edge, Mozilla Firefox or Google Chrome) or mobile applications developed and operated by Us; and (xi) taking any action or making any content that is disparaging or defamatory to Us. Multiple user profiles created with the same name, address, e-mail address or other identifying feature may be flagged as fraudulent referrals.
Reservation of Rights.
Termination and Interpretation.
We reserve the right to suspend or terminate any Reward Program or to change the terms of any Reward Program at any time and for any reason in Our sole discretion, with or without notice to You. All interpretations of the terms and conditions concerning the Reward Programs will be at Our sole discretion.
SECTION 14 – TERMINATION.
These Terms are effective unless and until terminated by either You or Us. Recycle From Home reserves the right to, in its sole discretion and without notice to You, and without any liability, terminate this Agreement, and/or suspend or terminate the Service or Your access to the RFH Portal (including blocking IP addresses), for any reason or for no reason, including without limitation, for breach of these Terms, any representation, warranty, or covenant contained in these Terms or of failure to adhere to any Applicable Laws. You may terminate this Agreement at any time by notifying Us that You no longer wish to receive the Service or have access to the RFH Portal.
Upon the termination or suspension of this Agreement: (i) We have the right to stop providing the Service for You; (ii) We may prohibit Your access to the RFH Portal, including without limitation by deactivating Your username and password; (iii) all restrictive covenants and conditions set forth herein shall survive the termination or suspension of this Agreement; and (iv) Recycle From Home will pay to You any CRV Payments owed, less Service Fees owed.
If We terminate or suspend Your access to the RFH Portal, You are prohibited from registering and creating a new username and password to access the RFH Portal. In addition to terminating or suspending this Agreement, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
SECTION 15 – INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Recycle From Home and Our Affiliates from any claim or demand, made by any third-party due to or arising out of Your breach of these Terms or the documents they incorporate by reference, the failure of any representation or warranty contained herein, or Your violation of any law or the rights of a third-party. “Affiliate(s)” shall mean Recycle From Home’s employees, members, contractors, agents, sub-agents, affiliates, advisors, officers, directors, persons, or entities controlled by or under common control with Recycle From Home who directly or indirectly perform services or obligations under these Terms.
SECTION 16 – DISCLAIMER.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE OR YOUR ACCESS TO THE RFH PORTAL FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE AND THE RFH PORTAL ARE PROVIDED ON AN AS-IS, WHERE-IS, AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE OR THE RFH PORTAL WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE, THE RFH PORTAL OR YOUR USE OF THE RFH PORTAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RECYCLE FROM HOME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF: (i) THE SERVICE; (ii) THE RFH PORTAL; (iii) THE INFORMATION DERIVED FROM THE RFH PORTAL; AND/OR (iv) THE CONTENT LOCATED ON THE WEBSITE OR ANY LINKS ON THE WEBSITE. THERE MAY BE INFORMATION IN THESE TERMS OR ON THE WEBSITE THAT CONTAIN TYPOGRAPHICAL ERRORS, INACCURACIES, OR OMISSIONS, INCLUDING DESCRIPTIONS, PRICING, AVAILABILITY, AND VARIOUS OTHER INFORMATION. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS AND TO CHANGE OR UPDATE THE INFORMATION IN THESE TERMS OR ON THE WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE.
RECYCLE FROM HOME WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (ii) Your inability to RECEIVE THE SERVICE, access THE RFH portal, any portion thereof or any related data or information; (iii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICE OR THE RFH PORTAL; (iv) ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE RFH PORTAL OR THE WEBSITE; AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE RFH PORTAL OR THE WEBSITE.
SECTION 17 – LIMITATION OF LIABILITY.
IN NO EVENT WILL RECYCLE FROM HOME OR RECYCLE FROM HOME’S AFFILIATES WHO PROVIDE, HAVE DEVELOPED, LICENSED, IMPROVED OR HAVE OTHERWISE ASSISTED US IN THE PROVISION OF THE SERVICE OR THE RFH PORTAL, BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR THE RFH PORTAL, INCLUDING BUT NOT LIMITED ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, RECYCLE FROM HOME AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, SHALL NOT EXCEED THE ACTUAL ECONOMIC DAMAGES THAT HAVE BEEN SUSTAINED AS A DIRECT AND PROXIMATE RESULT OF SUCH HARM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN ANY CASE, YOU HEREBY AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT WILL BE ASSESSED AGAINST RECYCLE FROM HOME FOR ANY ACT OR OMISSION RESULTING IN HARM TO YOU, SHALL BE THE TOTAL AMOUNT THAT RECYCLE FROM HOME HAS PAID TO YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE ACT OR OMISSION THAT ALLEGEDLY CAUSED YOU HARM. YOU ACKNOWLEDGE AND AGREE THAT ESTIMATING ANY DAMAGES THAT MIGHT BE OCCASIONED TO YOU AS A RESULT OF THE CONDUCT OR OMISSION OF RECYCLE FROM HOME OR ITS AFFILIATES WOULD BE DIFFICULT TO ASCERTAIN. YOU ACKNOWLEDGE THAT THE LIMITATION SET FORTH HEREIN IS A FAIR AND REASONABLE ESTIMATE OF ANY SUCH DAMAGES.
YOU AGREE THAT IN THE EVENT OF ANY DISPUTE RELATED TO THESE TERMS, YOUR USE OF THE SERVICE, THE RFH PORTAL, OR ANY OTHER INTERACTION WITH RECYCLE FROM HOME AND/OR ITS AFFILIATES, YOU SHALL NOT BE ENTITLED TO REIMBURSEMENT FOR OR ANY AWARD OF ATTORNEYS’ FEES OR COSTS, EVEN IF YOU PREVAIL.
SECTION 18 – ALTERNATIVE DISPUTE RESOLUTION.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOU AGREE TO SUBMIT ALL DISPUTES WITH RECYCLE FROM HOME AND ITS AFFILIATES WHICH ARISE OUT OF, ARE RELATED TO, OR ARE IN ANY WAY CONNECTED WITH, THESE TERMS, THE RFH PORTAL OR OTHER SERVICES PROVIDED BY RECYCLE FROM HOME, AND/OR ANY DEALINGS BETWEEN YOU AND RECYCLE FROM HOME, TO FINAL AND BINDING ARBITRATION BEFORE JAMS (“JAMS”) OR ITS SUCCESSOR IN ORANGE COUNTY, CALIFORNIA. THE ENFORCEMENT OF THIS AGREEMENT TO ARBITRATE SHALL BE PURSUANT TO THE FEDERAL ARBITRATION ACT.
Except as otherwise provided herein, the arbitration shall be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures which are in effect at the time of Your execution of these Terms (the “Rules”). Discovery may be taken by the parties only in the manner prescribed by the Rules. In the discretion of the arbitrator(s), pre-arbitration conferences and hearings may be telephonic. You can find the Rules on JAMS’ website: www.jamsadr.com. You can also obtain copies of the Rules and information concerning current administrative and arbitrator fees by calling JAMS at 800-352-5267. You should review the Rules and the arbitration fees which the parties will be charged. You should also be aware that the Rules and the arbitration fees may change from time to time, and that arbitration fees at the time of any dispute may be higher than at the time You agree to these Terms.
The parties agree that a single arbitrator shall be selected to adjudicate all disputes unless otherwise provided for in these Terms. The selection and replacement of an arbitrator or arbitrators shall be in accordance with the rules of the selected arbitration forum and that each arbitrator shall be a retired judge of either the California Superior Court or a United States District Court located in California. The arbitrator shall render his or her ruling in accordance with California law. The arbitration shall be final, conclusive and binding on the parties and the award of the arbitrator(s) shall be enforceable in any court of competent jurisdiction. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims.
The arbitrator shall not have the discretion to commit errors of law or legal reasoning, and any arbitration award may be vacated on appeal to a court of competent jurisdiction, which the parties acknowledge and agree will provide the right of appellate review outside the forum of arbitration.
Arbitration Fees/Attorney’s Fees.
Each side (i.e., claimant(s) on the one hand and respondent(s) on the other) will share equally in all arbitration organization administrative and arbitrator fee costs. Each party to the arbitration shall be responsible for their own arbitration fees, attorney’s fees, and costs and the arbitrator shall not have discretion to award the prevailing party in any such arbitration their attorney’s fees, costs, or portion of arbitration fees.
No Class Certification.
You agree that You may bring claims against Us only on an individual basis and not as a class member in any purported class, or representative or private attorney general action or proceeding. You agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective, or private attorney general representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding.
If it is determined that the foregoing provision is unenforceable for any reason, and that a party’s claims may proceed as a class or representative action, then the parties further agree that all subsequent matters, including, but not limited to, issues of class representation, class certification, class notice and a decision on the merits, shall be determined in arbitration before JAMS, as chosen by You, according to the chosen arbitration organization’s rules and applicable procedures, and by an arbitration panel of three arbitrators selected in accordance with the other provisions of these Terms.
Waiver Of Jury.
You acknowledge that You have read and understood the above alternative dispute resolution provision, and that by agreeing to these Terms, You are waiving a trial by jury in any action or proceeding to which You and Recycle From Home may be parties, arising out of or in any way pertaining to Your use of the RFH Portal. Your waiver is knowingly, willingly, and voluntarily made and You represent and warrant that no representation of fact or opinion has been made to induce this waiver of trial by jury or to in any way modify or nullify its effect.
Notwithstanding the foregoing, You understand, agree, and acknowledge that, in addition to any other rights or remedies which We may possess, We shall be entitled to injunctive and other equitable relief to prevent or remedy a breach of these Terms by You.
SECTION 19 – COMMUNICATIONS.
By agreeing to the terms of this Agreement, You acknowledge and agree that Recycle From Home may contact and communicate with You via phone, e-mail, and text message.
You hereby agree that We may provide You with communications about the Service, the RFH Portal, or these Terms electronically. Communications can include, but shall not be limited to, written communications, documents, notices, agreements, amendments to agreements, disclaimers, and/or disclosures which are provided in connection the Service or use of the RFH Portal. We may provide these communications to You by posting them on the Website or by emailing them to You at the primary e-mail address You provide Us. Any electronic communications will be considered to be received by You within twenty-four (24) hours of the time We transmit such an electronic communication to You. Any notice sent to You by postal mail will be considered to be received by You three (3) business days after We send it.
You may withdraw Your consent to receive communications electronically by declining via the RFH Portal e-mail to firstname.lastname@example.org. If You withdraw Your consent to receive communications electronically, We reserve the right to restrict, suspend, or terminate the Service or Your access to the RFH Portal.
It is Your responsibility to keep Your e-mail address, as provided to Recycle From Home, functional and up to date so that We can communicate with You electronically. You understand and agree that if We send You an electronic communication that You do not receive because Your e-mail address on file is incorrect, blocked, or otherwise not functioning properly, We will be deemed to have properly provided You with the electronic communication as of the day it is sent.
In order to receive electronic communications, You will need: (i) a computer with an Internet connection; (ii) a current web browser; (iii) a valid e-mail address; (iv) sufficient storage space to save the electronic communications; and (v) to disable any applicable spam filters which block or re-route e-mails from senders.
SECTION 20 – MISCELLANEOUS.
These Terms, the RFH Portal, and any other dealings between You and Recycle From Home and its Affiliates are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
These Terms and other documents, including but not limited to, any policies or procedures currently or subsequently published, referenced in or linked to these Terms, which are hereby incorporated herein and made a part hereof by this reference, contains the entire agreement between You and Recycle From Home regarding Your access to the RFH Portal, use of the Website, and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between You and Us, written or oral, to the extent they relate in any way to the subject matter hereof.
In the event that the performance of the obligations under these Terms are prevented or hindered in consequence of any act of God (including fires, explosions, earthquakes, drought, tidal waves, and floods), war, invasion, rebellion, riot, or acts or threats of terrorism (each, a “Force Majeure Event”), then such performance or obligations shall wholly or partially be suspended during the period and no liability shall accrue or be incurred during such period owing to such circumstances.
RECYCLE FROM HOME RESERVES THE RIGHT TO CHANGE THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS FROM TIME TO TIME. SUCH CHANGES WILL BECOME EFFECTIVE WHEN RECYCLE FROM HOME POSTS THE REVISED TERMS OF SERVICE ON THE WEBSITE, AND/OR WHEN RECYCLE FROM HOME TRANSMITS THE REVISED TERMS TO YOU VIA COMMUNICATION AS FURTHER SPECIFIED HEREIN. Your continued use of the RFH portal subsequent to the posting of any revisions to these Terms means You accept any such revisions. ANY MODIFICATIONS TO THESE TERMS OF SERVICE SHALL SUPERSEDE ALL PREVIOUS VERSIONS. We reserve the right to, in our sole discretion, alter, suspend or discontinue YOUR ACCESS TO THE RFH PORTAL.
In the event that one or more of the provisions, or portions thereof, of these Terms is determined to be illegal or unenforceable, the remainder of these Terms shall not be affected thereby, and each remaining provision or portion thereof shall continue to be valid and effective and shall be enforceable to the fullest extent permitted by law. If any part of these Terms or any part of any provision hereof, is adjudicated to be invalid or void, then the remaining provisions shall be executed insofar as the remaining provisions are capable of execution.
Recycle From Home’s waiver of any breach of these Terms shall not constitute a waiver of any subsequent breach by You.
These Terms and Your use of the RFH Portal will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between You and Recycle From Home.
You may not assign these Terms, Your right to use the RFH Portal, or any of its rights or obligations hereunder, without Our prior written consent in the form of a written instrument signed by a duly authorized representative of Recycle From Home. Notwithstanding the restriction on assignment, these Terms shall be binding upon, and shall inure to the benefit of, the parties hereto and their respective heirs, successors, representatives, and assigns.
To the maximum extent allowed under Applicable Law, You waive the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party and shall not be employed in the interpretation of these Terms. You understand and agree that these Terms shall be construed fairly as to all parties and not in favor of or against any of the parties, regardless of which party prepared these Terms, such that the application of Section 1654 of the California Civil Code, providing “[i]n cases of uncertainty not removed by the preceding rules, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist” (or other comparable law in other jurisdictions), is hereby waived.
Consent to Terms/Digital Signature.
By logging on to the RFH Portal, You are deemed to have read, understood, and agreed to these Terms electronically, effective on the date You log on to the RFH Portal.
Recycle From Home may also require You to consent to these Terms when You access the RFH Portal. You will be prompted to read these Terms and asked to click a box that prompts You to “Agree” that You have read and agree with these Terms. By clicking the “I Agree” box, You are acknowledging that You read and understood these Terms, and You are agreeing to be irrevocably bound by these Terms. Your continued use of the RFH Portal shall be regarded as Your acknowledgment that You have agreed to be bound by these Terms and any amendments or revisions made to these Terms.
SECTION 21 – CONTACT INFORMATION.
Questions about the Terms of Service should be sent to Us at email@example.com.
Last Updated: March 6, 2023.