CLYNK Terms & Conditions

Last Updated: November 13, 2024

IMPORTANT NOTICE: PLEASE REVIEW SECTION 13(b) SET FORTH BELOW (THE “ARBITRATION AGREEMENT”) CAREFULLY, AS IT REQUIRES YOU TO RESOLVE DISPUTES WITH CLYNK ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION, AND NOT BY A JURY TRIAL. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

These Terms and Conditions (“Terms”) set forth a legally binding agreement between you and Count & Crush, LLC dba CLYNK and its corporate affiliates, subsidiaries, and divisions as may change from time to time (collectively, “CLYNK,” “we,” “us,” and “our”). These Terms govern your access to and use of our websites, mobile applications (the “Apps” or each individually an “App”), and any other online services in which these Terms are displayed (collectively, the “Services”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you, your heirs, assigns, and successors (collectively, “you” or “your”) are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you must stop accessing or using the Services. If you are using the Services on behalf of a Partner (as defined below), that separate agreement shall control in the event of any conflict with these Terms; all other non-conflicting provisions in these Terms shall apply to your use of the Services. 

 The CLYNK Services are optional services intended to provide extra convenience for individuals, families, and household consumers who wish to recycle and redeem their beverage containers in bottle bill states. CLYNK also works with local governments and interlocal agencies or partnerships, colleges, universities, hospital systems, retailers, beverage manufacturers, and other public and private operations (each a “Partner” and collectively “Partners”) to facilitate our Partners’ beverage container recycling and redemption efforts in bottle bill states. Please note that CLYNK is not responsible for, and will not be liable for, miscounts or delayed counts of beverage container that arise from or relate to your violation of these Terms.

  1. Modifications
  2. Additional Terms and Policies
  3. Eligibility and Scope
  4. Rules and Prohibitions
  5. CLYNK’s License to You
  6. Proprietary Rights and Feedback
  7. CLYNK Accounts
  8. Text Messaging
  9. Third-Party Links and Resources
  10. Warranties and Disclaimers
  11. Limitation of Liability
  12. Indemnification
  13. Dispute Resolution; Arbitration Agreement
  14. Apple Terms
  15. Google Terms
  16. Miscellaneous

1 – Modifications

We may revise these Terms occasionally to reflect changes to the Services, our users’ needs, our Partners’ needs, our business priorities, or changes in laws and regulations. The most current version will always be on this page. If the revision, in CLYNK’s sole discretion, is material under applicable law, we will notify you via posting to our website or by other means in accordance with applicable legal requirements. Except as set forth in the Arbitration Agreement set out in Section 13(b) below, or as otherwise provided by law, by continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. The Terms were most recently updated on the last updated date listed at the top of this page.

2 – Additional Terms and Policies

Please review CLYNK’s Privacy Policy, available at https://ct.clynk.com/privacy-policy/ (the “Privacy Policy”), for information and notices concerning CLYNK’s collection, use, and disclosure of information collected through the Services. You have read, understand and acknowledge that CLYNK may access, process, and disclose your information as set forth in the Privacy Policy, including if we believe that it is (1) reasonably necessary to comply with any applicable law, regulation, subpoena, legal process or enforceable governmental request; (2) necessary to enforce the provisions of these Terms, including investigation of potential violations; or (3) necessary to investigate or protect against actual or threatened harm to the rights, property, or safety of CLYNK, our users, or the public as required or permitted by law.

You agree to comply with the CLYNK Acceptable Use Policy, located at https://ct.clynk.com/acceptable-use-policy/ when returning beverage containers using the Services, and you agree to cause others to comply with such Acceptable Use Policy when returning beverage containers on your behalf. The Acceptable Use Policy may be updated from time to time by CLYNK in its sole discretion. 

Certain Services may be governed by additional terms posted in or linked from such Services (“Additional Terms”). By using those Services, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms, and any reference to these Terms includes the Additional Terms.

3 – Eligibility and Scope

You may use the Services only if you can form a binding contract with CLYNK, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. Without limiting the foregoing, the Services are only available to those who are at least 13 years old. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms except for in this sentence, refer to that organization or entity). 

If CLYNK has previously prohibited you from accessing or using the Services, you are not permitted to access or use the Services except as may subsequently be permitted by CLYNK’s sole discretion.

4 – Rules and Prohibitions

The following requirements apply to your use of the Services: 

  • You will not use the Services in any way that violates any law or promotes any illegal or harmful activities, including any use that is fraudulent, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful.
  • You will not knowingly submit or upload false, inaccurate, or misleading information to or when using the Services.
  • You will not use the Services for any commercial purpose not expressly approved by CLYNK in writing.
  • You will not upload or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.
  • You will not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services or any features or functionality of the Services to any third party for any reason.
  • You will not remove, delete, alter, or obscure any trademarks or any copyright, patent or other intellectual property or proprietary rights notices from the Services, including any copy thereof.
  • You will not obtain or attempt to obtain unauthorized access to the Services or to CLYNK’s servers, systems, network, or data; scrape, access in violation of these Terms, monitor, index, frame, link, copy, or search (or attempt to do so) the Services by any means (automated or non-automated) other than through currently available, published interfaces that are provided by CLYNK (and only pursuant to these Terms) (crawling the Services is permissible in accordance with these Terms, but scraping the Services without the prior written consent of CLYNK is expressly prohibited).
  • You will not use another person’s Account, impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
  • You will not violate any rights of any third party, including trade secrets, intellectual property, privacy, or publicity rights.
  • You will not undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Services or that would be intentionally deceitful or fraudulent.
  • You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures we may use to prevent or restrict access to the Services or use of the Services or the content therein.
  • You will not attempt to indirectly undertake any of the prohibitions herein.

5 – CLYNK’s License to You

Subject to your compliance with these Terms, CLYNK grants you a limited, non-exclusive, non-assignable, non-sublicensable, revocable, license to use the Services as they are provided to you by CLYNK. Except where CLYNK has explicitly agreed otherwise, the license granted herein is solely for your personal, noncommercial use. The license extends only in connection with your access to and participation in the Services and only in a manner that complies with all legal requirements that apply to you or your use of the Services.

CLYNK may revoke this license at any time, in its sole discretion. Upon revocation, you may not access or use the Services, and you must delete all copies of our App or other software from your devices. Neither title nor any intellectual property rights are transferred to you, but rather remain with CLYNK or its licensors, who own full and complete title, and CLYNK and respective licensors reserve all rights not expressly granted to you. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services, except as expressly permitted in these Terms.

CLYNK further reserves the right to (i) modify, suspend, or terminate the Services at any time in its sole discretion; (ii) charge, modify or waive fees required to use the Services; or (iii) offer opportunities to some or all users of the Services.

6 – Proprietary Rights and Feedback

All right, title, and interest in and to the Services are and will remain the exclusive property of CLYNK and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of CLYNK and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by CLYNK and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of CLYNK and such others. Except as explicitly provided herein, nothing in these Terms gives you a right to use the CLYNK name or any of the CLYNK trademarks, logos, trade names, domain names and other distinctive brand features. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

Any feedback, comments, questions, or suggestions (collectively, “Feedback”) you may provide regarding the Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions without any obligation to you. By sending us any Feedback, which may include via “app store” channels, such as the Apple App Store and Google Play Store, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback; and (iv) irrevocably waive, and cause to be waived, against CLYNK any claims and assertions of any moral rights contained in such Feedback. These provisions regarding Feedback shall survive any termination of your Account or the Services.

7 – CLYNK Accounts

  • Account Registration

You may be required to register for a password-protected account (“Account”) to use parts of the Services. You must provide accurate, current, and complete information during registration and at all other times when you use the Services, and update that information to keep it accurate, current, and complete. We may request additional information from you to authenticate your Account. 

  • How the Account Works

We may offer you an option to store the funds you receive when you redeem returnable beverage containers using the Services within your Account. We will make the funds available to you within a reasonable period after we receive your returnable beverage containers, and in any event within the period required by applicable law. To view your funds, log into your Account using the App or via CLYNK’s website. To withdraw your funds, in the form of a cash receipt, you must use a CLYNK kiosk located inside a retail Partner location.

We will not limit the number of withdrawals you may make from the funds available in your Account but for security reasons we or the participating Partner may limit the amount of funds that can be withdrawn at any given time.

You may request statements for your Account by contacting us using the information set out in the “Contact Information” section below.

(c)  Account Security; Unauthorized Activities and Errors

You are solely responsible for safeguarding your Account credentials and authentication measures (“Access Credentials”), including your password or personal identification number (“PIN”). We encourage you to use a strong Account password or PIN. You are solely responsible for all activity that occurs on your Account, and we may assume that any activity under your Account has been initiated by you. CLYNK will not be liable or responsible, and you may be liable and responsible for, any and all losses, damages, expenses, and lawyers’ fees incurred by you, CLYNK, or a third party arising from someone else using your Account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account

You agree to notify us immediately, and in any event within 60 calendar days, by phone at 866-883-4113 or by email at info@clynk.com (i) of any breach of security or unauthorized use of your Account, including if you believe your Access Credentials have been compromised, or (ii) if you believe that a transfer of funds has been made from your Account without your authorization or there has been an error in the availability of funds in your Account. Notifications involving the unauthorized transfer of funds from your Account or an error in the availability of funds in your Account must include the following information, at a minimum, to be effective: 

  • Your name and Account identifier;
  • A description of the alleged error or the unauthorized transfer, and a clear explanation of why you believe it is an error or unauthorized transfer; and
  • The dollar amount of the alleged error or unauthorized transfer.

If you notify us of an alleged error or unauthorized transfer via a phone call to 866-883-4113, you agree to confirm your notification in writing to us within 10 business days using the email or postal mail addresses set out in the “Contact Information” section below. CLYNK will use commercially reasonable efforts to investigate whether an error or unauthorized transfer occurred, and you agree to cooperate with any such investigation. We will determine, in our sole discretion, whether an error or unauthorized transfer occurred and will inform you of the results of our investigation. If you would like to dispute our determination, you agree to resolve any such dispute in accordance with Section 13.

  • Account Suspension, Termination, and Closure

To the extent permitted by applicable law, we may, in our sole discretion, with or without cause or prior notice, suspend or terminate your Account in whole or in part, including if we suspect fraud. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (i) your password or PIN will be disabled, and/or you will not be able to access the Services or receive assistance from CLYNK support teams; and (ii) if appropriate in our sole discretion, we may communicate to third parties that your Account has been suspended or terminated, and why this action has been taken.

You may cancel your use of the Services and close your Account at any time by contacting us using the phone number or email address set out in the “Contact Information” section below.

We will use commercially reasonable efforts to refund to you any funds that remain in your Account at the time of the Account termination or closure and that are not the subject of any internal investigation (e.g., fraud, theft, etc.).

Please note that if your Account is terminated or closed, we do not have an obligation to delete or return to you any Account records or activity, unless otherwise required, and to the extent required, under applicable law.

8 – Text Messaging 

If you provide your mobile phone number to us, we may contact you via short message service (“SMS”) for purposes of sending notifications (such as fraud alerts) or for facilitating two-factor authentication. You may modify your notification preferences at any time by contacting our customer care center at support@CLYNK.com.

As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency is one message per request. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

9 – Third-Party Links and Resources

The Services may contain information and content provided by third parties and may contain links to third-party websites, mobile applications, software, and other resources that are not owned or controlled by CLYNK, including those maintained by governmental entities (“Third-Party Resources”). CLYNK is not responsible for the availability, accuracy, content, products, or services of such Third-Party Resources and does not endorse and is not responsible or liable for such Third-Party Resources. These links and resources do not imply any endorsement by CLYNK, and CLYNK does not endorse or assume any responsibility for any such Third-Party Resources. If you access a Third-Party Resource, you do so at your own risk, and you understand that these Terms and the Privacy Policy do not apply to your use of such Third-Party Resources. You understand that your use of Third-Party Resources may be subject to terms and conditions imposed by third parties. You expressly relieve CLYNK from any and all liability arising from your access to or use of any Third-Party Resources. You acknowledge and agree that CLYNK is not responsible or liable for: (i) the availability or accuracy of such Third-Party Resources; or (ii) the content, products, or services on or available from such Third-Party Resources.

10 – Warranties and Disclaimers

Your access to and use of the Services is at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, and to the maximum extent permitted by applicable law, CLYNK AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security, or reliability of the Services or any content thereon. CLYNK will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services. You also agree that CLYNK has no responsibility or liability for its deletion of, or the failure to store, retain, or transmit, any records related to your Account. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

No advice or information, whether oral or written, obtained from CLYNK or through the Services, will create any warranty not expressly made herein. Furthermore, the information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of the Services’ content. We may update the content on the Services from time to time, but such content is not necessarily complete or up to date. Any of the material presented on or through the Services may be out of date at any given time, and we are under no obligation to update such material.

The Services are controlled and operated from CLYNK’s facilities in the United States. CLYNK makes no representations that the Services are appropriate or available for use in locations other than the United States. Those who access or use the Services from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States.

11 – Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLYNK AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY RESOURCES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CLYNK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. To the extent that CLYNK may not, as a matter of applicable law, disclaim any warranty or exclude or limit its liability as set forth herein, the scope of such warranty and the extent of liability of CLYNK will be the minimum permitted under such applicable law.

12 – Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD CLYNK AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) YOUR ACTUAL OR ALLEGED VIOLATION OF THESE TERMS; (ii) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY LOCAL, STATE, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (ii) ANY MISREPRESENTATION MADE BY YOU; (D) THE USE OF YOUR ACCOUNT CREDENTIALS OR ACCOUNT BY ANY OTHER PERSON AS A RESULT OF YOUR ACTS OR OMISSIONS; OR (E) YOUR FEEDBACK.

13 – DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

  • INITIAL DISPUTE RESOLUTION AND NOTIFICATION. You and CLYNK agree that, prior to initiating an arbitration or other legal proceeding, you and CLYNK will attempt to negotiate an informal resolution of the Dispute (as defined below). To begin this process, and before initiating any arbitration or legal proceeding against CLYNK, you must send a Notice of Dispute (“Notice”) by certified mail to the attention of the CLYNK Legal Department at the postal address set out in the ”Contact Information” section below. For purposes of these Terms, initiating an arbitration means filing an arbitration demand (“Demand”).

Your Notice to CLYNK must contain all of the following information: (1) your full name, address, and relationship to CLYNK; (2) a detailed description of the nature and basis of the Dispute; (3) a description of the relief you want, including any money damages you request; and (4) your signature verifying the accuracy of the Notice and, if you are represented by counsel, authorizing CLYNK to disclose information about you to your attorney.

After receipt of your Notice, you and CLYNK shall engage in a good-faith effort to resolve the dispute for a period of 60 days, which both sides may extend by written agreement (“Informal Dispute Resolution Period”). During the Informal Dispute Resolution Period, neither you nor CLYNK may initiate an arbitration or other legal proceeding.

If the Dispute is not resolved during the Informal Dispute Resolution Period, either party may initiate an individual arbitration as provided in Section 13(b) below, except for Disputes (i) that may be brought in an individual action in small claims court, or (ii) that relate to the ownership or enforcement of intellectual property rights. In addition, you and CLYNK each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. In any such case, your waiver of the right to a jury trial and the class action waiver set forth in this Arbitration Agreement shall continue to apply.

“Dispute” includes any dispute, action, or other controversy, whether based on past, present, or future events, between you and CLYNK concerning the Services or these Terms, whether in contract, tort, warranty, statute, regulation, or other legal or equitable basis. You and CLYNK empower the Arbitrator with the exclusive authority to resolve any Dispute relating to the interpretation, applicability or enforceability of these Terms or the formation of this contract, including the arbitrability of any Dispute and any claim that all or any part of the Terms are void or voidable. 

  • ARBITRATION AGREEMENT. BY AGREEING TO THE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST CLYNK ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH IN THIS SECTION. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION (INCLUDING BY MASS ARBITRATION) AGAINST CLYNK, AND ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION, OR MASS ARBITRATION BROUGHT AGAINST CLYNK BY SOMEONE ELSE. YOU AND CLYNK EACH EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY. ADDITIONALLY, YOU AND CLYNK AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND THAT THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED IN ANY PURPORTED CLASS, JOINT, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING (INCLUDING ANY MASS ARBITRATION) OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR ANY OTHER PERSONS. As such, you and CLYNK acknowledge and agree that each waives any right to participation as a plaintiff or a class member in a class action litigation or arbitration (including mass arbitration), or in any other collective or consolidated action, with respect to a Dispute. Neither you nor CLYNK may be a representative of any other potential claimants or class of potential claimants in any such Dispute, nor may two or more users’ disputes be consolidated or otherwise determined in one proceeding. This will also preclude you and CLYNK from participating in or recovering relief under any current or future class, joint, collective, representative, or consolidated action or mass arbitration brought by someone else.
  • Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes, or the AAA’s Commercial Arbitration Rules (as applicable “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Maine.

  • Initiating Arbitration. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org or by calling the AAA at 1-800-778-7879.) The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Maine, and will be selected by the parties from the AAA’s roster of consumer or commercial dispute arbitrators (as applicable). If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the proposed list of arbitrators by the AAA, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
  • Location and Procedures. If the claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and CLYNK submit to the Arbitrator, unless you request a hearing and the Arbitrator determines that a hearing is necessary. If the claim exceeds $10,000, arbitration may be conducted in person, through the submission of documents, by phone, or online, and your right to a hearing will be determined by the AAA Rules. Proceedings that cannot be conducted through the submission of documents, by phone, or online, will take place in Cumberland County, Maine or in another jurisdiction to which you and CLYNK agree in writing; provided, however, that if you are a consumer and circumstances prevent you, from traveling to Maine, the AAA may hold an in-person hearing in the state where you reside. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
  • Arbitrator’s Decision. The Arbitrator will render a written award within the time frame specified in the AAA Rules and shall provide a written decision with a statement of reasons if requested by either party. The Arbitrator may award declaratory or injunctive relief, but only in favor of the individual claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The Arbitrator shall not have authority to entertain any claim on behalf of a person who is not a named party, nor shall the Arbitrator have authority to make any award for the benefit of, or against, any person who is not a named party. The Arbitrator’s decision shall be final and binding on all parties. The Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
  • Jurisdiction. You and CLYNK agree to submit to the exclusive jurisdiction of the federal or state courts located in Cumberland County, Maine in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
  • Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. CLYNK will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous or brought for an improper purpose (based on the standards set forth in Federal Rule of Civil Procedure 11(b)). The right to recover attorneys’ fees and expenses set forth in this Arbitration Agreement supplements any right to attorneys’ fees and expenses you may have under applicable law. You may not, however, recover duplicative awards of attorneys’ fees or costs.
  • Severability. If any part of this Arbitration Agreement (Section 13(b)), other than the class action waiver, is deemed or found to be unenforceable for any reason, the remainder shall be enforceable. The class action waiver is non-severable and if it is deemed or found to be unenforceable for any reason, the whole Arbitration Agreement shall be null and void

14 – Apple Terms

If the Services that you use include a mobile application that you download, access and/or use and that runs on Apple’s iOS operating system (an “iOS App”), you acknowledge and agree that: 

  • the iOS App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system and subject to Apple’s usage rules and requirements;
  • these Terms are between you and CLYNK, and not with Apple;
  • Apple is not responsible for the Services and the content therein;
  • Apple has no obligation at all to provide any support or maintenance services in relation to the iOS App, and if you have any maintenance or support questions in relation to the iOS App, please contact CLYNK, not Apple;
  • except as otherwise expressly set forth in these Terms, any claims relating to the possession or use of the iOS App are between you and CLYNK (and not between you, or anyone else, and Apple);
  • in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the iOS App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
  • although these Terms and Conditions are entered into between you and CLYNK (and not Apple), Apple, as a third-party beneficiary under these Terms and Conditions, will have the right to enforce them against you.

In addition, you represent and warrant that: 

  • you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
  • you are not listed on any United States Government list of prohibited or restricted parties; and
  • If the iOS App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the iOS App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition, or other term in relation to the iOS App and will not be liable to you for any claims, losses, costs, or expenses of whatever nature in relation to the iOS App or as a result of you or anyone else using the iOS App or relying on any of its content.

15 – Google Terms

If the Services that you use include a mobile application that you download, access, and/or use from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and CLYNK only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) CLYNK, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms; and (vi) you acknowledge and agree that Google is a third party beneficiary to the Terms as it relates to CLYNK’s Google-Sourced Software.

16 – MISCELLANEOUS

  • Survival. Notwithstanding any termination of these Terms by either party, all provisions of these Terms that are, by their nature, intended to survive termination shall survive such termination, and you will continue to be liable for all your activities during the time you used the Services.
  • Severability. Except as otherwise set forth in Section 13, you and CLYNK agree that if any portion of these Terms is found unlawful or unenforceable, in whole or in part, (i) that provision will be ineffective only to the extent of such finding and as to such jurisdiction, without affecting the validity or enforceability thereof in any other manner or jurisdiction; (ii) that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; and (iii) the remainder of these Terms shall continue in effect.
  • Choice of Law; Venue.  Except as set forth in Section 13 above, you and CLYNK agree that these Terms and any dispute of any nature that might arise between you and CLYNK will be governed by and construed in accordance with the laws of the state of Maine without giving effect to its conflict or choice of laws principles. You and CLYNK agree that any action at law or in equity that is not subject to the arbitration clause in Section 15 above shall be filed, and that venue properly lies, only in the state or federal courts located in Cumberland County, Maine, United States of America, and you and CLYNKexpressly consent and submit to the exclusive and personal jurisdiction of such courts for the purposes of litigating such action.
  • Assignment.  We may assign our rights and obligations under these Terms, in whole or in part, to any person or entity at any time with or without your approval.  You may not assign any of the rights or obligations you have under these Terms without our prior written approval.  Any such assignment without our prior written approval is ineffective and in violation of these Terms.
  • Entire Agreement.  These Terms are the entire agreement between you and CLYNK with respect to the use of the Services.  They supersede all prior and/or contemporaneous understandings, regardless of the medium (oral, written, or electronic) and practice (custom, policy, course of business, precedent) by which such understandings were communicated.
  • No Waiver.  Our failure to enforce any right or provision in these Terms shall not constitute a waiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing.
  • Notices to CLYNK.  Unless otherwise noted herein, all notices given by you or required from you under these Terms must be in writing and addressed to us at the postal address set forth below in the “Contact Information” section. Any notices that you provide without compliance with this subsection will have no legal effect.
  • Language of the Terms.  The language of these Terms is English. If there is a conflict between these Terms and any translation, the English version will take precedence.
  • Contact Information.  In the event of a complaint or concern regarding these Terms or the Services, or for more information, please contact CLYNK using the contact information below.

Phone: 866-883-4171

Email: info@CLYNK.com

Mail: Count & Crush, LLC dba CLYNK

100 Waterman Drive Suite 301

South Portland, Maine 04106

California Department of Consumer Affairs. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please contact us using the information listed in Section 20(h) above. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.