For purposes of this Agreement, “you” or “your” means the person(s) using the Website and/or the Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Website and/or the Services; the terms, Recyclx.com, “us,” or “we,” includes PLG 2, LLC and its affiliates, and subsidiaries; the term, “Loan” includes, but may not be limited to, any of the credit and related products and services which you inquire about by using PLG 2, LLC Website; the term, “Provider(s)” includes, but may not be limited to, the banks, lenders, financial institutions, insurers, service providers, real estate companies, dealers, agents, brokers and other entities offering products and services through PLG 2, LLC Website; and the term, “Offer Search Form” refers to your request to be matched with providers of any of the products and services that you may be connected to through PLG 2, LLC Website.
We reserve the right, at our sole discretion, to change or modify the Website or this Agreement (or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Website. You agree to review this Agreement for any such changes upon your use of the Website and that your continued use of the Website or Services constitutes your acceptance of such changes and modifications.
2. Age and Location
The Website is intended for individuals who are at least 18 years of age and are accessing the internet from a physical location within the United States of America. By using or accessing the Website, you acknowledge that you are 18 years of age or older and are accessing the internet from a physical location within the United States of America.
4. Electronic Communications/Notices and Information Delivered Electronically
You are communicating with us electronically by using our Services or communicating with us via email, or other electronic means, and you consent to receive communications from us electronically. You agree that all agreements, disclosures, notices, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your continued use of this site is evidence of your acceptance and agreement to electronic communications from and our Providers (if using Services with links or access to other websites or mediums belonging to Providers, and other third parties).
5. Compensation from Loan Providers and Advertisers/Relationship with Loan Providers/Editorial Content
PROVIDERS AND OTHER ADVERTISERS MAY COMPENSATE US IN EXCHANGE FOR PLACEMENT OF THEIR PRODUCTS OR SERVICES WHEN YOU CLICK ON CERTAIN LINKS POSTED ON OUR WEBSITE.
PLG 2, LLC MAY BE PAID A MARKETING LEAD GENERATION FEE BY PROVIDERS FOR THE GOODS, FACILITIES AND SERVICES PROVIDED. IN ADDITION, IF YOU ACCEPT A LOAN OFFER MADE BY A PROVIDER, WE, OUR AFFILIATES, PARENT, OR ASSOCIATED COMPANIES MAY PURCHASE THE LOAN FROM THE PROVIDER OR SUBSEQUENT CREDITOR. YOUR USE OF THE WEBSITE AND/OR PLG 2, LLC’S SERVICES CONSTITUTES YOUR AGREEMENT WITH THESE ARRANGEMENTS. THESE RELATIONSHIPS, INCLUDING ANY COMPENSATION, MAY IMPACT HOW AND WHERE PRODUCTS APPEAR ON THIS SITE (INCLUDING, FOR EXAMPLE, THE ORDER IN WHICH THEY APPEAR).
Opinions expressed here are author’s alone, not those of Providers, and have not been reviewed, approved or otherwise endorsed by the Provider. This site may be compensated through an affiliate program, Providers, and other third parities.
Note: You may see offers on this Website from Providers that we, our affiliates, parent, or associated companies have investment relationships with. This investment relationship may include the purchase of the loan you obtained from a Provider. This relationship may impact how and where products appear on this site (including, for example, the order in which they appear).
6. Financial Education Content
We provide content and tools on our Website that allow you to enhance your financial education and learn how certain financial decisions could impact your financial well-being. We provide these materials for informational, educational, and entertainment purposes only, and at no time are we providing legal, financial, investment, tax planning, or medical advice.
7. Paid Advertising Disclosure / Not all Available Credit or Financial Offers
You may see offers on this Website from companies that compensate us. This compensation may impact the location and order in which these offers appear. Our Website does not include the entire universe of available credit or financial offers. You may find lower rates from other providers, or channels, including by contacting a Provider directly.
8. Terms Applicable to Services
We provide educational content and operate online marketplaces that enable consumers to comparison shop on Recyclx for financial products and services offered by Recyclyx’s network of Providers. Your personal financial situation is unique, and the information and Services on this Website may not be appropriate for your situation. Prior to making any final decisions or implementing any financial strategy, you should obtain additional information and advice of your accountant and other financial advisors who are fully aware of your individual circumstances.
8.1. Offer Search Form and Submissions Appliable to all Services
We offer Services that you can use to comparison shop for financial services and products (including, but not limited to, unsecured consumer loans, and automobile Loans), including the Offer Search Form. When you complete an Offer Search Form, by clicking on any button indicating an acceptance, acknowledgement or agreement to terms, a continuance of processing or submission (collectively, a “submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry as to a financial service or product through Recyclx which will match you to Providers which may decide to offer you credit. We may also try to find you matches for similar or alternative Services based on your request. For example, if you sought an automobile Loan, we may present to you additional financial products and services if such a product is available in the jurisdiction where you reside.
Any Offer Search Form you submit is not an application for credit. Rather, it is an inquiry to be matched with Providers that may be able to present conditional offers. The Provider is solely responsible for its services to you, and you agree that Recyclx shall not be liable for any damages or costs of any type arising out of or in any way connected with your use of such services or your interactions with any Provider. You understand that Providers may keep your Offer Search Form information and any other information provided by Recyclx or received by them in the processing of your Offer Search Form, whether you are qualified for a product with them or complete a formal application for services with them.
8.2. Loan Rate Table Products
Recyclx’s Rate Table allows you to view sample rates and contact Providers directly to inquire about their products and services without submitting a Offer Search Form. Recyclx’s rate table service enables you to see sample offers and terms from one or more Providers based on information you provide in a Offer Search Form, or as part of a sorting of sample information provided by the Provider. The sample offers and terms are calculated by PLG 2, LLC or its affiliated entity using its own proprietary algorithms and/or your self-selected information (e.g., credit score range); the sample offers and terms are not guaranteed, and the actual offer and terms you receive from the Provider may differ from the sample offers and terms. When using a rate table you will have the opportunity to select on or more Provider(s) to request additional information about their products and services by visiting the Provider’s website. You may see offers from multiple Providers and there is no restriction on how many Providers you choose to contact.
We do not include all products and services, or all providers of specific products and services, including financial services companies, and Loan products as part of our Services. Our presentation of information is not specific your individual financial situation. We make no guarantee of future results or adequacy for a particular user. Providers and other advertisers may compensate us, or have other business relationships with us and our associated companies, in exchange for placement of their products or services when you click on certain links posted on our site.
Services offered by Providers may only be made to residents of states where Providers are authorized to make such Loans. A Provider’s participation in and offering of its products on the Website does not constitute an offer by any Provider or by Recyclx to provide services outside of their authorized jurisdictions, and to the extent you seek or receive information from a Provider regarding any prospective service which would be outside of the Providers’ authorized jurisdiction, that information is for informational purposes only. Providers shall have the right to discontinue, suspend or terminate the offering of any Loan product in any specific state through the Website at any time, without prior notice.
9. Retention of Information
Providers may from time-to-time be required to share the information you submit to them with Recyclx in order to adhere to applicable laws. Providers and Recyclx may also maintain and share information provided by you and about you by third parties for internal marketing and analytics. You are providing express written consent for the retention of this information upon completion of an inquiry form for Recyclx and the selected Provider to share this information for these purposes, if applicable.
10. No Guarantee of Providers’ Loan Offers
We do not guarantee acceptance into any particular program or specific terms or conditions with any Provider; approval standards are established and maintained solely by individual Providers. Likewise, we do not guarantee that the rates offered by Providers include the lowest rates available in the market or the rate that the Providers will ultimately charge. You may find lower rates from other providers, or channels, including by contacting a Provider directly. A Provider’s conditional Loan offer may be subject to market conditions, approval and qualification. The rates and fees actually provided by Providers may be higher or lower depending on your complete credit profile, collateral/property considerations (if applicable) including but not limited to location, equity and value and income/asset consideration including but not limited to Loan to value and debt to income ratios. Unless expressly stated in writing, nothing contained herein shall constitute an offer or promise for a Loan commitment or interest rate lock-in agreement. Providers may not offer all products as well as not offer products in all states. You might not be matched with the Provider making any specific offer. If you agree to terms with any Provider with whom you are matched on our Website, you will be responsible for paying for any closing costs associated with your Loan (such as settlement services, Loan processing, underwriting or funding fees) at closing.
By clicking on any button indicating an acceptance or agreement to terms, a continuance of processing or submission (collectively, a “submission”) you understand that you are consenting, acknowledging and agreeing to the stated terms and conditions of that submission and that you are submitting an inquiry for a Service through Recyclx to each of the Providers to whom your Loan request is transmitted. You are also indicating that you are consenting, acknowledging and agreeing to receive notices, disclosures and other communications (“Disclosures and Communications”) in electronic form (either by email or via the Internet).You should review all Provider terms of services, privacy policies, disclosures, and other information and agreements from Provider prior to making a purchasing decision from Provider of any Loan.
11. Copyright, Trademark and Service Mark Notices
All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces and computer code, including but not limited to the design, coordination, “look and feel” and arrangement of elements contained on the Website (collectively “Content”) is owned or licensed by or to Recyclx. The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Website or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without PLG 2, LLC’s prior written permission. Nothing on the Website should be construed as granting any license or right to use any Content.
12. Links to Third Party Websites
The Website may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization.
Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When you leave the Website, you agree that We are not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.
13. Disclaimers and Liability
PLG 2, LLC AND RECYCLX DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE QUOTES, FEES, TERMS, RATES, COVERAGE OR SERVICES OFFERED OR MADE AVAILABLE BY PROVIDERS OR ANY THIRD PARTIES YOU MAY ACCESS FROM THIS WEBSITE. YOU HEREBY RELEASE US OF ANY AND ALL LOSSES, COSTS, DAMAGES OR CLAIMS IN CONNECTION WITH, ARISING FROM OR RELATED TO YOUR USE OF A PROVIDER’S PRODUCTS OR SERVICES, INCLUDING ANY FEES CHARGED BY A PROVIDER.
THE WEBSITES, CONTENT AND SERVICES ARE PROVIDED FOR USE “AS IS” WITHOUT WARRANTY OF ANY KIND. PLG 2, LLC DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. PLG 2, LLC DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL PROVIDE SPECIFIC RESULTS. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW: UNDER NO CIRCUMSTANCES WILL PLG 2, LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF THE WEBSITES, CONTENT, SERVICES OR OTHER ITEMS LOCATED ON THE WEBSITES. PLG 2, LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT A FINANCIAL INSTITUTION, INSURANCE PROVIDER, CREDIT CARD PROVIDER OR OTHER PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT WE ARE SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.
You agree to indemnify, defend and hold harmless PLG 2, LLC and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries and affiliates (“PLG 2, LLC Parties”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs) and damages arising out of or relating to your use of the Website or Services, your violation of any third-party right or law, or your violation or alleged violation of this Agreement. You must not settle any such claim or matter without the prior written consent of PLG 2, LLC. The PLG 2, LLC Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
15. Limitation on Liability and Damages
NEITHER WE NOR OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR OWNERS (INCLUDING SHAREHOLDERS, IF ANY) SHALL BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF OUR SERVICES; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OWNERS (INCLUDING SHAREHOLDERS, IF ANY), REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
In the event that any limitation on the period of time for bringing an action, claim, dispute or proceeding against us, located in this section, is determined or held to be inapplicable or unenforceable by any court, arbitration panel or other tribunal, then the statute of limitations for the State of New York shall apply to any such action, claim, dispute or proceeding referred to final or binding arbitration. PLG 2, LLC.
16. Errors and Delays
You agree that PLG 2, LLC is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.
You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding regarding such injunction restraining such breach or threatened breach shall be brought in the courts of record of New York County, New York, or the United States District Court, District of New York. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
18. Legal Disputes
We and you agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services or Website will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
18.1 Applicable Law
You agree that the laws of the New York State, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement.
18.2. Dispute Resolution, Arbitration, Class Waivers
You and we each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services (“Dispute”).
You and we agree to submit the Dispute to a single arbitrator under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), including when applicable the \Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules, or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org
The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules. As an alternative, you or we may bring a claim in your local “small claims” court, if permitted by that small claims court’s rules.
The Federal Arbitration Act governs the interpretation and enforcement of this section regarding our agreement to arbitrate any Dispute (“Agreement to Arbitrate”), and the arbitrability of the Dispute. The arbitrator will decide whether the Dispute can be arbitrated.
You and we agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the site or our services. You and we agree not to combine a claim that is subject to arbitration under this Agreement with a claim that is not eligible for arbitration under this Agreement. You and we agree to waive the right to a trial by jury for all disputes.
If the prohibition against class actions and other claims brought on behalf of third parties contained in 18.3.3, above, is found to be unenforceable, then all of Section 19.3 will be null and void as to that Dispute.
This Agreement to Arbitrate will survive the termination of your relationship with us.
Unless you and we agree otherwise, if the Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in New York. You and we agree to submit to the personal jurisdiction
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this Agreement to Arbitrate (other than a change to the notice address or the site link provided herein) in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen, or may arise, between you and us. We will notify you of a change to this Agreement to Arbitrate by posting the amended terms on our Services at least 30 days before the effective date of the change and/or by email.
YOU ALSO AGREE THAT ANY DISPUTE OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, SERVICES OR CONTENT MUST BE COMMENCED WITHIN ONE YEAR FROM THE LATER OF (1) WHEN THE DISPUTE OR CAUSE OF ACTION ACCRUES OR, (2) THROUGH THE EXERCISE OF REASONABLE DILIGENCE YOU SHOULD HAVE KNOWN ABOUT THE ACCRUAL OF THE CAUSE OF ACTION. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
19.2The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
19.3All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
19.4You acknowledge and agree that, in entering into this Agreement, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in this Agreement, and you hereby waive any claimed reliance on same.