Terms of Use

Last Update: March 24, 2014

OneTwine.com (the “Website”) is owned and operated by RecycleRewards, Inc., its affiliates, agents and licensors (collectively, "we," "us," "our" or "Recyclebank"). You understand that your use of this Website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the "Terms"). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the "Terms of Use" link that appears at the bottom of the Website. We may also offer other services from time to time that are governed by different and/or additional terms and conditions. For instance, when you become a member of OneTwine, your customer relationship is also governed by the Account Agreement with OneTwine, amended from time to time, and always accessible on the Website.

1. PRIVACY.

Our Privacy Policy governs your visit to this Website.

2. PRICES/FEES AND PAYMENTS.

You agree to pay all charges incurred in connection with your purchase (including any applicable taxes) at the rates in effect when submitting your order. We will bill all charges to the credit card you supply us.

3. ORDER CONFIRMATIONS, STATEMENTS, NOTICES AND OTHER COMMUNICATIONS.

You understand that it is your responsibility to review, upon first receipt, whether delivered to you by email, by a posting on the Website, or by all other electronic means, all order confirmations, transaction history, notices and other communications. All information contained therein shall be binding upon you, if you do not object, either in writing or via electronic mail, within forty-eight (48) hours after any such document or information is sent to you or available on the Website. In all cases, OneTwine reserves the right to determine the validity of your objection to the transaction. Such notices, information and other communications from OneTwine shall be deemed to be delivered and available to you whether actually received or not.

You agree that OneTwine fulfills its legal obligation to deliver to you any such document if sent via electronic delivery. Electronic delivery may be in the form of an email, an electronic mail attachment, a posting on the Website, or in the form of an available download from the Website. You represent that you will download the relevant document promptly after receiving notice of its availability. Should you experience any difficulty opening a document electronically delivered by OneTwine, you will promptly advise OneTwine in order to allow us to make the required delivery by other means. Failure to advise OneTwine of such difficulty within forty-eight (48) hours after delivery shall serve as an affirmation that you were able to receive and open said document.

4. GRANT OF LICENSE

Recyclebank grants you a single, non-exclusive, limited personal license to access and use the Website conditioned on your continued compliance with the terms and conditions in these Terms. You may not transfer or share your right to access or use of the Websites.

5. ACCESSING THE WEBSITE

With the exception of applications commonly known as Web Browser software, or other applications formally approved by Recyclebank in writing, you agree not to use any software, program, application or any other device to access or log on to Recyclebank's computer systems, Website or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from Recyclebank's computer systems, Website or proprietary software. Recyclebank is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the Website in particular.

You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code.

Much of the information on the Website is updated on a real time basis and is proprietary or may be licensed to us by others. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Website without our prior written permission, or that of the appropriate third party. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Recyclebank and our affiliates without express written consent. You may not use Twine.com or Recyclebank's name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying OneTwine or Recyclebank in any meta tags, "hidden text," information used by search engines or other information tools to identify and select sites without the express written consent of Recyclebank.

6. INFORMATION AND PRODUCT DESCRIPTIONS

The Website may make available certain data, news, research, statistics, stories, photographs and opinions or other information (collectively "Information") that it has prepared itself or that has been independently obtained by other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the "Information Providers"). We do not guarantee or certify the accuracy, completeness, timeliness or correct sequencing of the Information made available through Twine.com, the Information Providers or any other third party transmitting the Information (the "Information Transmitters"). You agree that neither Recyclebank, the Information Providers nor the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken by you relying upon the Information. You further agree that neither Recyclebank, the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the Website. You understand that none of the Information available through the Website constitutes a recommendation or solicitation to take or not take any particular action.

Further, Recyclebank does not warrant that product descriptions on the Website are accurate, complete, reliable, current or error-free. If a product offered by Recyclebank itself is not as described, your sole remedy is to return it promptly in unused condition.

7. MISPRICING

Despite our best efforts, a small number of the items on OneTwine may be mispriced. If we discover a mispricing, we will do one of the following:

  • If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
  • If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
8. RISK OF LOSS

All items purchased from OneTwine are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

9. WARRANTIES/RETURNS.

The merchandise offered for sale by OneTwine is manufactured by third parties and to the full extent permissible by law. OneTwine disclaims all representations and warranties therein. Further, all sales are final and items can be returned to the Company only pursuant to the Return Policy located on the Websites. Problems or defects with such merchandise should be forwarded to the manufacturer of the merchandise.

10. COMMUNICATIONS

The Website may permit you to post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of your content. Recyclebank reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, such content and/or material will be considered non-confidential and non-proprietary and you grant Recyclebank and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such materials and/or content throughout the world in any media. You grant Recyclebank and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Recyclebank or its affiliates for all claims resulting from content you supply. Recyclebank has the right but not the obligation to monitor and edit or remove any activity or content. Recyclebank takes no responsibility and assumes no liability for any content posted by you or any third party.

Without limiting any of the foregoing, Recyclebank is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Recyclebank for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.

11. DISCLAIMERS OF WARRANTIES AND LIMITATIONS

THESE WEBSITE IS PROVIDED BY RECYCLEBANK ON AN "AS IS" AND "AS AVAILABLE" BASIS. RECYCLEWBANK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RECYCLEBANK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. RECYCLEBANK DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM THE WEBSITE OR RECYCLEBANK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RECYCLEBANK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

12. INDEMNIFICATION

You agree to indemnify and hold Recyclebank and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors harmless from any claim or demand, including attorneys' fees, made by any third party arising out of your violation of these Terms.

13. COPYRIGHTS

The Website, its content and compilation of content, and all software used on the Website is owned by Recyclebank or its affiliates or agents and is protected by United States Copyright Act of 1976, as amended, and the copyright laws of other countries. All content, logos, designs and icons are proprietary to Recyclebank or its affiliates or agents. The materials provided in this service, including graphic images, buttons and text, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, without the prior written permission, except that you may download, display, or print one copy of the materials on a single computer solely for your personal, non-commercial, home use, provided that you keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Recyclebank's, its affiliates' or its third party information providers' copyrights and other proprietary rights.

14. TRADEMARKS

"OneTwine", "Recyclebank" and other marks (including graphics, logos, page headers, button icons, scripts and service names) indicated on our Website are trademarks or trade dress of Recyclebank in the United States and other countries. Recyclebank's trademarks and trade dress may not be used in connection with any product or service that is not Recyclebank's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Recyclebank or the Website. All other trademarks not owned by Recyclebank that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Recyclebank.

15. MODIFICATIONS TO THE WEBSITE

Recyclebank reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Website with or without notice. You agree that Recyclebank will not be liable to you or to any third party for any such modification, suspension or discontinuance.

16. TERMINATION

The license granted under these Terms will terminate if you fail to comply with any term or condition. Upon such violation, you agree to terminate access to the Website. You further agree that Recyclebank, in its sole discretion and with or without notice, may terminate your access to any or all of the Website, and remove and discard any information or content within the Website. You also agree that Recyclebank will not be liable to you or any third-party for any termination of your access to the Website.

17. SEVERABILITY

If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

18. DISPUTES

Any dispute or claim relating in any way to your visit to the Website or to products or services sold or distributed by Recyclebank or through any Website will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our Legal Department, RecycleRewards, Inc., 151 W. 26th Street, 11th Floor, New York, NY 1001. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Recyclebank will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

19. APPLICABLE LAW

By visiting the Website, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Recyclebank.

20. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is our policy to respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. You should send any claims or notices of infringement relating to the Site or any of its contents to Recyclebank’s designated Copyright Agent.

Such claim should contain all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Website (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Please do not send any other correspondence or inquiries to our Copyright Agent; he/she will only respond to DMCA notices and inquiries.

Recyclebank's Copyright Agent for notice of claims of copyright infringement on its Website can be reached as follows:

Copyright Agent
RecycleRewards, Inc.
Legal Department
151 W. 26th Street, 11th Floor
New York, NY 10001

Phone: 212-659-9900
Fax: (212) 337-4398
Email: privacy@recyclebank.com