Legal

AvalonBay Resident Sponsored Mill Service Terms

These AvalonBay Resident Sponsored Mill Service Terms (these “Sponsored Mill Service Terms”) supplement the  Mill Terms of Service (the “Standard Terms”) and apply to you if you access or use the Mill Services in connection with the AvalonBay sponsored benefit program (such subsidized access to the Services, the “Benefit”) offered to you by Mill Industries Inc. (“Mill”), AvalonBay Communities, Inc. (“AvalonBay” or “Sponsor”), or their authorized agents. These Sponsored Mill Service Terms become effective on the date you first accept, redeem or receive the Benefit and continue up to the date on which you cease to receive the Benefit (the “Benefit End Date”, and the time period in which you are receiving the Benefit, the “Sponsored Benefit Period”). Capitalized terms used in these Sponsored Mill Service Terms, unless otherwise defined herein, shall have the meanings ascribed to such terms in the Standard Terms.

1. Receiving the Benefit

1. Eligibility. To be eligible to receive the Benefit, all of the following conditions must be met:

• There is an agreement in place between Sponsor and Mill related to providing you with the Benefit;
• You meet the relevant eligibility requirements for the Benefit, as determined and provided by Mill and/or Sponsor, including that you are a current resident of the sponsored AvalonBay property (the “Eligibility Requirements”);
• Mill and Sponsor both have approved and continue to approve of your receipt and use of the Benefit; and
• You have accepted of and are in compliance with these Sponsored Mill Service Terms, the Standard Terms, and any other terms and conditions provided by Mill or Sponsor.

You understand that your receipt of the Benefit or use of the Services may be suspended or terminated, in whole or in part, by Mill or Sponsor at any time with or without cause or notice, and that you will not be entitled to any consideration in connection with any such termination or suspension. You release and hold harmless Mill, Sponsor, and their third-party contractors and agents from any liability, claim, demand, cause of action, damage or expense resulting from your use of the Benefit or termination of your access to the Benefit or Services.

1.2 Purchase Terms. Combination of any other offer, substitution, trade-in or promotional pricing with the Benefit may be restricted in Mill’s sole discretion. If at any time you become a paid user of Mill’s services, these Sponsored Mill Service Terms will immediately terminate and your use of the Services will be governed by the Standard Terms and any other agreements provided to you when activating your paid services account.

1.3 Warranty and Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE STANDARD TERMS OR OTHERWISE LISTED ON THE MILL WEBSITE, MOBILE APPLICATION, OR ELSEWHERE, DURING THE SPONSORED BENEFIT PERIOD THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY, AND MILL (INCLUDING ITS AFFILIATES, EMPLOYEES, CONSULTANTS, AGENTS, MANAGERS, AND DIRECTORS (COLLECTIVELY, SUCH PARTIES THE “MILL PARTIES”)) AND SPONSOR SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE SERVICES OR BENEFIT UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW, IN WHICH CASE MILL, THE MILL PARTIES, AND SPONSOR’S LIABILITY WITH RESPECT TO THE SERVICES PROVIDED DURING THE SPONSORED BENEFIT PERIOD SHALL RESPECTIVELY NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, MILL AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES DURING THE SPONSORED BENEFIT PERIOD WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES DURING THE SPONSORED BENEFIT PERIOD WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED DURING THE SPONSORED BENEFIT PERIOD WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE STANDARD TERMS, YOU SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO MILL, THE MILL PARTIES, AND SPONSOR FOR ANY DAMAGES ARISING OUT OF YOUR (OR YOUR GUESTS’) USE OF THE SERVICES DURING THE SPONSORED BENEFIT PERIOD, ANY BREACH BY YOU OF THIS AGREEMENT, AND ANY OF YOUR INDEMNIFICATION OBLIGATIONS UNDER THE STANDARD TERMS.

1.4 Standard Terms. In the event of a conflict between these Sponsored Mill Service Terms and our Standard Terms, these Sponsored Mill Service Terms will control. The following sections of the Standard Terms will not apply to your use of the Services during the Sponsored Benefit Period: Section 2 (“Mill Reservation Program”); Section 3(b) (“Membership Fees”); Section 3(c) (“Redeeming Reservation Credits”); Section 3(d) (“Cancellation”); Section 4(f) (“Membership Warranty; Maintenance or Replacement”); and Section 7 (“Other Payment Terms”) other than Section 7(g) (“Promotional Credits”).

2. Allocation of Responsibility.

2.1 You. Upon redemption of the Benefit and activation of your account with Mill, you will be the holder of a Mill Services account.

2.2 Your Data. You acknowledge and agree that: (a) Mill may receive, and will continue to receive, certain information from your Sponsor in connection with providing you with the Benefit or Services, such as your name and status with respect to your Sponsor, and may collect other relevant information about you, such as the frequency and price of your waste hauling services and the size of your waste bin, as part of the Eligibility Requirements, and (b) Mill may collect, use, disclose, process, and share information regarding your use of the Services with your Sponsor and certain other third-parties in accordance with our Privacy Policy and as needed to offer, evaluate, enable, manage your participation in, provide support for, and improve the Benefit and/or Services. Mill may share with your Sponsor and certain other third-parties information such as your name, email address, service address, activation date, Mill account status, device and mobile app usage and technical data, estimated amount of food diverted and estimated carbon emissions reduction, frequency and size of Food Grounds shipments, survey data, and details related to your Benefit eligibility, enrollment and participation, including any decision you may make to opt out of receiving the Benefit or to delete your Mill account or return your Mill bin. These disclosures are a requirement to receive the Benefit, and any decision you may make to opt out of such disclosures or to delete your Mill account may result in the termination of the Benefit.

3. Payments

3.1 No Service Fees. Unless otherwise provided herein, so long as you are receiving the Benefit and remain eligible to receive the Benefit, you will not be required to pay any fees to access the Services during the Sponsored Benefit Period.

4. Post-Benefit Access to the Mill Services.

4.1 End of Benefit. If you become ineligible to receive the Benefit, or Mill or Sponsor terminate your access to the Benefit, Mill will notify the email account associated with your Mill account. At the end of the Sponsored Benefit Period, including if your receipt of the Benefit is terminated, you agree to cooperate with Mill and Sponsor as requested to facilitate the return of any Mill bin you have received.

4.2 Continued Use. Any ongoing Services shall continue to be subject to Mill’s Standard Terms.