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Terms of Service

Last Updated: 08/16/2025

Welcome, and thank you for your interest in Bins. These Terms of Service are between you and Bins Inc. (“Bins,” “we,” or “us”) and govern your use of our website joinbins.com, mobile or other downloadable applications, and the purchase of the products and services available through our website and applications (the “Service”). These Terms of Service are a legally binding contract between you and Bins regarding your use of the Service.


Please read the following terms carefully:


By clicking "I accept," or by downloading, installing, or otherwise accessing or using the service, you agree that you have read and understood, and, as a condition to your use of the service, you agree to be bound by, the following terms and conditions, including Bins' privacy policy (together, these "terms"). If you are not eligible, or do not agree to the terms, then you do not have our permission to use the service. Your use of the service, and Bins' provision of the service to you, constitutes an agreement by Bins and by you to be bound by these terms.


You agree to receive texts from or on behalf of Bins at the phone number you provide to us. These texts will include marketing and operational messages. You understand and agree that these texts may be considered telemarketing under applicable law, they may be sent using an automatic telephone dialing system or other automated technology, and your consent is not a condition of any purchase.


Arbitration Notice. Except for certain kinds of disputes described in Section 22 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and by accepting these Terms, you and Bins are each waiving the right to a trial by jury or to participate in any class action or representative proceeding.

  1. Bins Service Overview. Our platform is marketplace that allows users as “Buyers” to purchase and pay for clothing, accessories, and other items (“Products”) from other users who are “Sellers”.

  2. Eligibility. You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

  3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@joinbins.com.

  4. Title & Risk of Loss. Bins does not own or take possession of any Products, and is not in the chain of title for the Products. All Products are sold directly by Sellers to Buyers and title passes from Seller to Buyer.

  5. Payment Processor. We may utilize third-party payment processors (“Payment Processor”) to facilitate payment transactions conducted through the Service. By using the Service and making payments, you agree to be bound by the terms of service and privacy policies of the applicable Payment Processor. You acknowledge and understand that the Payment Processor may collect and process certain information from you, including but not limited to your payment information, billing address, and transaction history, in accordance with their privacy policy. This information is collected and processed by the Payment Processor for the purpose of facilitating payment transactions and preventing fraud. We are not responsible for any security breaches or unauthorized access to your information that may occur on the Payment Processor’s systems. If we utilize a Payment Processor to facilitate transactions, you agree to comply with the agreement provided by that Payment Processor. To the fullest extent permitted by applicable law, we shall not be liable for any errors, omissions, or security breaches related to the Payment Processor’s services. Any disputes related to payment processing should be addressed directly with the Payment Processor in accordance with their terms of service. We may use Stripe, Inc. (“Stripe”) as our Payment Processor (https://stripe.com). For specific details regarding Stripe’s Services, please refer to the following links: Stripe services agreement: (https://stripe.com/legal/consumer) and Stripe privacy policy: (https://stripe.com/privacy). You understand that the Payment Processor may modify its services and terms of service at any time. We are not responsible for any changes made by the Payment Processor that may affect your use of the Service. We reserve the right to change our Payment Processor at any time.

  6. Off-Service Transactions. Any action to move a transaction or potential transaction off the Service is strictly prohibited by Bins. This includes, for example, Sellers encouraging Buyers to purchase Products through another venue, platform, or service or directing Buyers to another venue to conduct a transaction, including to make payment. Buyers may not offer to make payments to Sellers through alternative methods than those provided through the Service for the purpose of circumventing any Fees. A transaction initiated on the Service may not be completed off of the Service.

  7. Seller Terms. This Section 7 (Seller Terms) only applies to you if are a Seller and you are using the Service to sell Products to Buyers.

    1. Products. Seller represents and warrants that the Products that Seller sells to Buyers and Seller’s sale thereof shall: (a) materially conform to the descriptions that Seller provides for the Products on the Service, (b) comply with all applicable statutory and regulatory requirements relating to the labelling, packaging, storage, handling, and delivery of the Products; and (c) are genuine, not counterfeit and reasonably suitable for sale. Seller agrees that any Product descriptions, specifications, or other Product information that Seller makes available on the Service will be accurate, true, and complete in all material respects when provided. Seller agrees to notify Bins immediately upon learning that any previously provided specification, description, or information regarding Seller’s Products are inaccurate or misleading and Seller agrees to promptly make any corrections necessary to make such information complete and accurate.
    2. Orders; Shipment and Delivery. Seller is responsible for fulfilling, shipping, and delivering all orders that are placed by Buyers for Seller’s Products through the Service (each, an “Order”) and Bins will be responsible for collecting and remitting payment for the Products purchased through the Service. Buyers may purchase Seller’s Products using the Service by submitting an Order. Except as set forth below, Seller will be responsible for fulfilling any Orders. Bins’ only responsibility regarding Orders is processing the payment for the purchase of the Product. Seller agrees that Bins will not be liable for: (a) any defects or nonconformities in Seller’s Products; (b) any failure or delay in the delivery of Products to the Buyer; (c) any failure of Seller’s Products to comply with applicable regulations or laws. When a Buyer places an Order for Seller’s Product, Seller will be notified via email and the Order details will be displayed on Seller’s dashboard on the Service. When an Order is placed for Seller’s Products through the Service, we will provide the shipping and billing information to Seller. Once we provide this information to Seller, Seller agrees to ship the Products that the Buyer has purchased to the shipping address provided by the Buyer. Seller agrees to provide valid proof of shipment of all Products to Bins, including by submitting tracking information provided by the shipping carrier. Bins will not be held responsible for any loss or damage to Products by the carrier or due to incorrect shipping information. Seller is solely responsible for any failure or delay in the shipping or delivery of such Products.
    3. Refunds; No Returns. If Bins received a refund request or complaint from a Buyer related to Seller’s Products, Seller agrees to cooperate with Bins in resolving such request or complaint. If a Product is not delivered or shipped within a reasonable period after the submission of an Order, as determined by Bins in its sole discretion, Bins may issue a refund to the applicable Buyer. Seller agrees to promptly respond to any requests from Buyers related to its Products, including any requests related to returns. Seller is solely responsible for resolving any dispute that Seller may have with a Buyer, including any dispute related to refunds or returns. Bins will not facilitate or enable any returns through the Service, unless expressly authorized by Bins at its sole discretion.

  8. Payment Terms. To ensure proper payment, Seller is responsible for providing and maintaining accurate contact and payment information through the Service. All payments made by Bins to Seller under these Terms will be made in U.S. Dollars. We will temporarily not release the Product Revenue for each of Seller’s Products that a Buyer purchased through Service until one day after the date on which delivery of the Product to the Buyer’s shipping address is confirmed by the applicable carrier. “Product Revenue” means the amount paid by a Buyer and received by Bins for the sale of Seller’s Product pursuant to a valid Order, less: (a) the Marketplace Fee, (b) shipping or handling fees paid by the Buyer, (c) refunds, returns, credits, chargebacks, fraudulent transactions related to the Product, if any. [Seller is solely responsible for payment of all taxes, duties, and other governmental charges collected by Bins in connection with the sale of Products, including sales taxes and value-added taxes, and any costs related to calculating and collecting such taxes related to the sale of the Products.] Bins or its Payment Processor reserves the right to not authorize or settle any payment Bins believes is in violation of these Terms or is fraudulent. If Seller cannot provide proof that a Product was delivered by the applicable carrier, Bins will have no obligation to pay the Product Revenue.

    1. Receipt of Product Revenue. Provided that there is not a dispute between the Buyer and Seller, Product Revenue will be available to Seller as specified by the Payment Processor. If Seller has linked Seller’s bank account with Seller’s Payment Processor account, Seller may transfer the Product Revenue to Seller’s bank account. Seller may need to provide certain banking information and authorizations to the Payment Processor in order to link Seller’s bank account. Seller may elect to use its unclaimed Product Revenue to purchase Products sold by other Sellers. If Seller uses unclaimed Product Revenue as a payment method, Bins may offset such amount from Product Revenue that is otherwise payable to Seller and direct the Payment Processor to transfer such funds to Bins. In order to receive seller's product revenue to seller's bank account, seller is required to set up an account with the payment processor and link seller's bank account. Seller will not be able to transfer any funds to seller's bank account unless seller has a valid payment processor account and linked bank account.
    2. Payment Exceptions. Bins or its Payment Processor may, in its sole discretion, exclude, or withhold from any payment due to Seller any amount: (a) received in connection with a violation of these Terms; (b) that Bins believes to be fraudulent; or (c) as necessary to comply with any law, rule, or regulation. Bins will pay Seller any amounts owed under these Terms to the payment method that you choose from the payment options made available through the Service. At any time, Bins may offset fees and any other amounts owed by Seller to Bins against amounts Bins owes to Seller hereunder. If any excess payment has been made to Seller for any reason whatsoever, Bins reserves the right to adjust or offset the same against any subsequent amounts payable to Seller under these Terms.
    3. Boost Feature. As part of the Service, Seller may increase the number of users that are able to view Seller’s Products that are listed on the Service by paying an additional fee (“Boost Feature”). The Boost Feature is provided as described on our service. If Seller would like to enable the Boost Feature for a particular Product, Seller will be charged a per Product fee (“Boost Fee”). Seller will have an opportunity to view the Boost Fee for a Product when the Seller enables the feature on the Service. Seller authorizes Bins or its Payment Processors to charge the Boost Fee, including all applicable taxes, to the payment method specified in Seller’s account. If Seller’s selected payment method is a credit card, Bins or our Payment Processors may seek pre-authorization of Seller’s credit card account prior to Seller’s purchase to verify that the credit card is valid and has the necessary funds or credit available to cover Seller’s purchase. Bins does not guarantee any Product will sell quicker (or at all) or that a Product will sell for a higher price as a result of Seller’s use of the Boost Feature.

  9. Buyer Terms. This Section 9 (Buyer Terms) only applies to you if are a Buyer and you are using the Service to purchase Products from Sellers.

    1. Product Pricing; Marketplace Fees. Bins is not responsible for the pricing set by the Seller of any Products available through the Service. In addition to Seller’s listed price for a Product, Buyer will be charged an additional marketplace fee based on the total cost of the Product (“Marketplace Fee”). For each Product that Buyer purchases through the Service, Buyer will be charged the Seller’s listed price for the applicable Product, plus any shipping and handling costs, taxes, the Marketplace Fee, and any other specified fees for the Product (collectively, “Fees”). Unless otherwise specified by the Seller or Bins, Buyer will be responsible for all Fees, which will be specified for you at checkout. Buyer agrees that all shipping details, delivery addresses, reviews of any Products or Sellers submitted by Buyer, and any other information that Buyer makes available through the Service will be accurate, true, and complete when provided. Bins will not be held responsible for any incorrect information provided by Buyer, including any loss or damage to Products by the carrier or due to incorrect shipping information.
    2. Authorization. When Buyer purchases a Product through the Service, Buyer authorizes Bins and our Payment Processor to charge the payment method Buyer has selected for Buyer’s purchase for the amount disclosed to you on the check-out page. Buyer authorizes us to charge all amounts owed with respect to Products that Buyer purchases, to the payment method specified in Buyer’s account. If Buyer’s selected payment method is a credit card, Bins or our Payment Processor may seek pre-authorization of the credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover Buyer’s purchase.
    3. No Returns; No Refunds. Unless specified in this Section 9.3, all sales of Products on the Service are final, and Bins does not provide any refunds, returns, or exchanges for Products purchased through the Service. If a Seller has failed to ship a Product, a Product has failed to arrive within a reasonable time, or the Product is defective, Buyer may submit a request for a refund directly to the Seller. Buyer acknowledges and agrees that the Seller is solely responsible for the approval or rejection of any refund request. Bins does not provide any refunds or facilitate or enable any returns of Products purchased on the Service, except at its sole discretion.
    4. Shipping and Delivery. All Products purchased through the Service will be shipped by the applicable Seller according to the terms provided at the time of purchase to the shipping address Buyer provides to us. Buyer acknowledges and agrees that the Seller of a Product is solely responsible for shipping and delivering any Products that are purchased through the Service. Bins will not be responsible for any delays in the shipment or delivery of any Products or any defective, damaged, or missing Products. Unless otherwise specified by the Seller, Buyer will be responsible for all shipping costs, which will be specified for Buyer at checkout.

  10. Licenses

    1. Limited License. Subject to your complete and ongoing compliance with these Terms, Bins grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (a) install and use one object code copy of any mobile or other downloadable application associated with the Service on a mobile device that you own or control; and (b) access and use the Service.
    2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
    3. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Bins an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

  11. Ownership; Proprietary Rights. The Service is owned and operated by Bins. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Bins (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Bins or its third-party licensors. Except as expressly authorized by Bins, you may not make use of the Materials. There are no implied licenses in these Terms and Bins reserves all rights to the Materials not granted expressly in these Terms.

  12. Third-Party Terms

    1. Third-Party Services and Linked Websites. Bins may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Instagram or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorize that Bins to transfer that information to the applicable third-party service. Third-party services are not under Bins’ control, and, to the fullest extent permitted by law, Bins is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Bins’ control, and Bins is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Bins will have no control over the information that has been shared.
    2. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

  13. User Content

    1. User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages, Product descriptions, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, reviews, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.
    2. Messaging. Bins offers a direct message function with certain parts of the Service, that enables communications between Buyers and Sellers (“Messaging”). All text or any other media you input or upload in Messaging shall be considered “User Content,” as defined in Section 13.1 hereof. You will not submit to or via Messaging any content that is crude, damaging, dangerous, defamatory, disconcerting, discriminatory, false, harmful, illegal, inaccurate, infringing, misleading, offensive, or wrong. You should have no expectation of privacy when using Messaging. Bins does not control and is not liable for how Buyers or Sellers may use the User Content that you submit through Messaging. You should not submit any personal or sensitive information using Messaging, including any passwords, financial information, dates of birth, Social Security numbers, passport numbers, credit card information, or any other sensitive information.
    3. Limited License Grant to Bins. By Posting User Content to or via the Service, you grant Bins a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Bins’ exercise of the license set forth in this Section.
    4. Specific Rules for Photographs and Images. If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
    5. You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Bins disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:
      • you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Bins and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Bins, the Service, and these Terms
      • your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Bins to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and
      • your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate
    6. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Bins may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Bins with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Bins does not permit infringing activities on the Service.
    7. Monitoring Content. Bins does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties, including any product description provided by a Seller; or (c) the use of the Service by its users. You acknowledge and agree that Bins reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Bins chooses to monitor the content, then Bins still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Bins may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.

  14. Communications

    1. Text Messaging. You agree that Bins and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. If you wish to opt out of marketing text messages from Bins, you can email support@joinbins.com or text the word "STOP" to the number from which you are receiving the messages. If you wish to opt out of all text messages from Bins, you can email support@joinbins.com or text the word "STOPALL" to the number from which you are receiving the messages, however you acknowledge that opting out of receiving all messages may impact your use of the Service. You may continue to receive text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing texts is not a condition of any purchase on or use of the Service.
    2. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
    3. Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.

  15. Prohibited Conduct. By using the service, you agree not to:

    1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    2. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
    3. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
    4. access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Bins;
    5. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    6. list, sell, or offer to sell any Product that you do not have the right and title to sell to Buyers or that you do not possess;
    7. sell or list any Products or purchase any Products that are prohibited in the country where you are located;
    8. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
    9. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;
    10. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 11 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or
    11. attempt to do any of the acts described in this Section 15 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 15 (Prohibited Conduct).

  16. Intellectual Property Rights Protection

    1. Respect of Third Party Rights. Bins respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
    2. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:

       Bins Inc.
       Attn: Legal Department (IP Notification)
       9 Westmoreland, Irvine, CA 92620
       Email: support@joinbins.com


    3. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:

    • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
    • a description of the copyrighted work or other intellectual property right that you claim has been infringed;
    • a description of the material that you claim is infringing and where it is located on the Service;
    • your address, telephone number, and email address;
    • a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
    • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.

    Your Notification of Claimed Infringement may be shared by Bins with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Bins making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

    1. Repeat Infringers. Bins’ policy is to: (a) remove or disable access to material that Bins believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Bins will terminate the accounts of users that are determined by Bins to be repeat infringers. Bins reserves the right, however, to suspend or terminate accounts of users in our sole discretion.

    2. Counter Notification. If you receive a notification from Bins that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Bins with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Bins’ Designated Agent through one of the methods identified in Section 16.2 (DMCA Notification), and include substantially the following information:

      • your physical or electronic signature;
      • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
      • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
      • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Bins may be found, and that you will accept service of process from the person who provided notification under Section 16.2 (DMCA Notification) above or an agent of that person.

      A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

    3. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Bins in response to a Notification of Claimed Infringement, then Bins will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Bins will replace the removed User Content or cease disabling access to it in 10 business days, and Bins will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Bins’ Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Bins’ system or network.

    4. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Bins] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Bins reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

  17. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 17 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

  18. Term, Termination, and Modification of the Service

    1. Term. These Terms are effective beginning when you accept the Terms or first access or use the Service, and ending when terminated as described in Section 18.2 (Termination).
    2. Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Bins may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by following by instructions on the Service or by contacting customer service at support@joinbins.com, provided that Sellers may not terminate this Agreement while there are pending Orders for Seller’s Products.
    3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) any listings for Products that you have posted on the Service will be removed; (d) all of your obligations under this Agreement will continue until you have fulfilled any and all pending or outstanding Orders for your Products; (e) you must pay Bins any unpaid amount that was due prior to termination; and (f) all payment obligations accrued prior to termination and Sections 10.3 (Feedback), 11 (Ownership; Proprietary Rights), 13 (User Content) 18.3 (Effect of Termination), 19 (Indemnity), 20 (Disclaimers; No Warranties by Bins), 21 (Limitation of Liability), 22 (Dispute Resolution and Arbitration), and 23 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
    4. Modification of the Service. Bins reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Bins will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.

  19. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Bins, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Bins Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) any Products purchased from a Seller; (c) any Products sold by you; (d) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (e) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (f) any dispute or issue between you and any third party, including any Seller or Buyer. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

  20. Disclaimers; No Warranties by Bins

    1. The service and all materials and content available through the service are provided "as is" and on an "as available" basis. Bins disclaims all warranties of any kind, whether express or implied, relating to the service and all materials and content available through the service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. Bins does not warrant that the service or any portion of the service, or any materials or content offered through the service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and Bins does not warrant that any of those issues will be corrected.
    2. No advice or information, whether oral or written, obtained by you from the service or Bins entities or any materials or content available through the service will create any warranty regarding any of the Bins entities or the service that is not expressly stated in these terms. You acknowledge and agree the applicable seller, and not Bins, are solely responsible for the products the seller makes available through the service, including the delivery of such products. Bins makes no warranties regarding such products and will not be liable for any claims arising from a seller's products or the delivery of such products. We are not responsible for any damage that may result from: (a) the service; (b) any products that buyers purchase from sellers, including any defects in such products or any delays in shipment or delivery of such products; (c) any errors, inaccuracies, or omissions in a product listing; and (d) your dealing with any other service user, including any seller or buyer. Bins makes no promises, representations, or warranties, express or implied, regarding the potential for sellers to earn money through the use of the service. You understand and agree that you use any portion of the service at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the service) or any loss of data, including user content.
    3. The limitations, exclusions and disclaimers in this section 20 (Disclaimers; No Warranties by Bins) apply to the fullest extent permitted by law. Bins does not disclaim any warranty or other right that Bins is prohibited from disclaiming under applicable law.

  21. Limitation of Liability

    1. To the fullest extent permitted by law, in no event will the Bins entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Bins entity has been informed of the possibility of damage.
    2. Except as provided in sections 22.5 (Commencing Arbitration) and 22.7 (Arbitration Relief) and to the fullest extent permitted by law, the aggregate liability of the Bins entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to Bins for products purchased on the service in the 3 months prior to the event or circumstance giving rise to the claim, (b) the product revenue paid to you by Bins in the 3 months prior to the event or circumstance giving rise to claim, and (c) US$100.
    3. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section 21 (Limitation of Liability) will apply even if any limited remedy fails of its essential purpose.

  22. Dispute Resolution and Arbitration

    1. Generally. Except as described in Section 22.2 (Exceptions) and 22.3 (Opt-Out), you and Bins agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.


      You understand and agree that, by entering into these terms, you and Bins are each waiving the right to a trial by jury or to participate in a class action.

    2. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

    3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 22 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to Bins Inc., Attention: Legal Department – Arbitration Opt-Out, 9 Westmoreland, Irvine, CA 92620 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Bins receives your Opt-Out Notice, this Section 22 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 23.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

    4. Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at (www.adr.org), by calling the AAA at +1-800-778-7879, or by contacting Bins.

    5. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Bins’ address for Notice is: Bins Inc., 9 Westmoreland, Irvine, CA 92620. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Bins may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Bins will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if Bins has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.

    6. Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your [residence/billing address] unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your [residence/billing address]. During the arbitration, the amount of any settlement offer made by you or Bins must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

    7. Arbitration Relief. Except as provided in Section 22.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Bins before an arbitrator was selected, Bins will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

    8. No Class Actions. You and Bins agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Bins agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

    9. Modifications to this Arbitration Provision. If Bins makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Bins’ address for Notice of Arbitration, in which case your account with Bins will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

    10. Enforceability. If Section 22.8 (No Class Actions) or the entirety of this Section 22 (Dispute Resolution and Arbitration) is found to be unenforceable, or if Bins receives an Opt-Out Notice from you, then the entirety of this Section 22 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 23.2 (Governing Law) will govern any action arising out of or related to these Terms.

  23. Miscellaneous

    1. General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Bins regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

    2. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Bins submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Orange County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

    3. Privacy Policy. Please read the Bins Privacy Policy (https://joinbins.com/privacy) (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Bins Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

    4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

    5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

    6. Contact Information. The Service is offered by Bins Inc., located at 9 Westmoreland, Irvine, CA 92620. You may contact us by sending correspondence to that address or by emailing us at support@joinbins.com.

    7. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

    8. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

    9. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

  24. Notice Regarding Apple. This Section 24 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Bins only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.