Terms Of Use Applicable To All Visitors and Users of The RecycleMatch Website

PLEASE REVIEW THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE "SITE"), WHICH IS OWNED AND OPERATED BY THE RECYCLE MATCH, LLC. BY USING THIS SITE, YOU INDICATE YOUR BINDING AGREEMENT TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS SITE IMMEDIATELY.

RecycleMatch, LLC ("RecycleMatch", "we", "us" or "our") requires that all visitors to the Site must adhere to the following terms and conditions of use (the "Terms"). By accessing the Site and any of its pages, you indicate that you have read, understood and accepted these Terms without limitation or qualification. We may revise these Terms at any time by updating this posting, so you should review the Terms each time you use the Site. Your continued use of the Site after any change in these Terms constitutes your agreement to be bound by such changes. RecycleMatch may terminate, suspend, change or restrict access to this Site, or any part of it, without notice or liability.

Laws and Regulations
Access to and use of the Site are subject to all applicable federal, state and local laws and regulations. The interpretation and enforcement of these Terms will be governed by federal law and, to the extent applicable, the laws of the State of Texas, without regard to its conflict of laws rules.

RecycleMatch is Only a Venue
The Site acts as a venue which allows users to offer, sell, and buy materials that are legal, at any time, from anywhere, in a variety of price formats. We do not review listings provided by users, we never possess the items offered through the Site and we are not involved in transactions between users. As a result, we have no control over the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of users to sell items or the ability of users to pay for items. Do not assume that the offer, sale, purchase, export or import of any item is valid and legal simply because it is listed on the Site. We are not responsible for ensuring that users actually complete a transaction. You accept sole responsibility for the legality of your actions under laws applying to you. 

It is the legal responsibility for each user to determine if a listed material is hazardous waste or hazardous material. RecycleMatch is not responsible for the determination of what may constitute hazardous waste or create a hazardous situation. RecycleMatch will not make judgments with respect to any legal requirements, particularly for the storage, transportation, treatment, or disposal of what may be defined as hazardous substance. Hazardous wastes must be managed in accordance with all relevant waste regulations and laws. If you are not already familiar with how your byproducts or desired raw materials are categorized, we recommend reviewing the EPA regulatory language and consulting with state and/or local environmental agencies. RecycleMatch reserves the right to not list a material, to delist a material, or edit information provided by the listing party.

Pricing and Listing Terms

Owners of Materials (Owner) Agree to the Following Pricing: A. There are no costs or fees to post a Material Available listing to the website. B. Upon a match being made for the materials, RecycleMatch shall receive a fee of $10 per ton for a period of no more than three years plus a one time consulting fee of $1500.00. C. RecycleMatch’s fee shall be payable within fifteen (15) days from the date of the match and RecycleMatch will invoice Company for the first year in advance and for years 2 and 3 on the 1st and 2nd anniversary of the match respectively. D. Owner grants RecycleMatch the exclusive right and authority for a period of 180 days to match or sell materials listed on the RecycleMatch website. This prevents confusion in the market regarding who is matching the materials and helps to prevent interested parties from contacting you directly.

Owner Warranties Owner warrants and represents as follows: Owner has sole ownership of the Materials; the Material is free and clear of all liens or encumbrances of any kind; Owner has authority to enter into these terms for the purposes stated; performance of these terms by Owner will not violate the terms of any contract to which Owner is a party; Owner has no knowledge of and there are no claims, demands, notices, suits or other damages or claims or threats of damage by or from any person or governmental agency with respect to environmental matters relating to the Material.

Buyers and Material Seeker (Buyers) Pricing and Fees for Listings Buyers agree to pay RecycleMatch a one time finders fee of $250 for a completed match. This fee can be paid via check or Google Checkout.

Wanted Listing Pricing
For users posting Wanted Listings to the website, there is a one-time up-front fee of $500 payable by check or credit card. The wanted listing fee must be paid prior to the listing being public on the website. Upon a match being made for materials, RecycleMatch shall receive a fee from the user posting the Wanted Listing of $5 per ton for a period of one year for completing the match.

QuickMatch BETA Service Pricing and Terms
Owners of Materials (Owner) Agree to the Following Pricing for the QuickMatch BETA service: A. There are no costs or fees to post a QuickMatch listing to the website. B. RecycleMatch shall receive a fee $250 if two or more offers are received and $0 if one or zero offers are received by the Owner. C. RecycleMatch’s fee shall be payable via Google Checkout and the offers will be released by RecycleMatch once payment has been received. D. The Owner reserves the right to accept, reject, or ignore any offer and is not obligated to sell any materials listed E. RecycleMatch will notify you if your listing is eligible for the QuickMatch BETA service and listing of the materials will be at the sole discretion of RecycleMatch.

All fees are non-refundable.

Electronic Communications
When you visit the Site or send e-mails to us, you are communicating with us electronically and consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications must be in writing. You will be responsible for the content of any material you, or others on your behalf or in your name, enter on the Site. We have no responsibility for the content of any messages communicated by users of this Site, or for the content of information of third parties on the Internet, even if accessed through the Site. However, we retain the right, which we may or may not exercise in our sole discretion, to review, edit or delete any information that we deem to be illegal, offensive or otherwise inappropriate.

Copyright
All content included on this Site, including without limitation the RecycleMatch offerings, all RecycleMatch Work Product Data and all other text, data, graphics, articles, design, source code, software, photos, images and other information (collectively, the Content), is the property of RecycleMatch or its content providers and is protected by United States and international copyright laws and treaties. You agree that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording or otherwise without the express, prior written consent of RecycleMatch. Any unauthorized use of any Content on this Site may violate copyright and other laws as well as RecycleMatch's standards of party confidentiality, internet security and privacy.

Trademarks
The name "RecycleMatch" (including the RecycleMatch logo), recyclematch.com, and all related logos, trade names, trademarks and service marks (collectively "RecycleMatch Trademarks") are trademarks or service marks of RecycleMatch. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by RecycleMatch or others. Nothing on this Site should be construed as granting, by implication, or otherwise, any license or right to use any of the RecycleMatch's Trademarks found on the Site except pursuant to written authorization from RecycleMatch in each instance. You may not use, copy, display, distribute, modify or reproduce any of RecycleMatch Trademarks without written authorization from us. RecycleMatch prohibits use of any of RecycleMatch Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by us in advance.

Limitations Of Use
You agree to use the Content and this Site only for lawful purposes and as provided in any RecycleMatch Agreements. You are prohibited from any use of the Content or this Site that would constitute a violation of any applicable law, regulation, rule or ordinance or that could give rise to any civil or criminal liability. Any unauthorized use of the Site, including but not limited to unauthorized entry into RecycleMatch systems, misuse of passwords or misuse of any information posted on the Site is strictly prohibited. Your eligibility for particular products or services is subject to final determination by RecycleMatch.

Limitation of Liabilities and Warranties
NEITHER RECYCLEMATCH NOR ANY OF ITS AFFILIATES, PROVIDERS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE " RECYCLEMATCH PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT, AND RECYCLEMATCH DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.

THIS SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THE RECYCLEMATCH PARTIES MAKE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.

RECYCLEMATCH MAY DISCONTINUE OR CHANGE THE CONTENT AND SITE AT ANY TIME WITHOUT ANY PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND THE RECYCLEMATCH PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. RECYCLEMATCH RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS SITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THIS SITE.

IN NO EVENT WILL THE RECYCLEMATCH PARTIES BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SITE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE), EVEN IF THE RECYCLEMATCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. RECYCLEMATCH IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. YOU AGREE THAT, IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, THE RECYCLEMATCH PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification
You agree to indemnify and hold harmless the RecycleMatch Parties from and against any and all claims, losses, expenses, demands or liability, including attorney's fees and costs, incurred by the RecycleMatch Parties in connection with any claim by a third party (including any intellectual property claim) arising out of your violation of these Terms, applicable state or federal law, or any other person's rights, including but not limited to infringement of any copyright or violation of any proprietary, party confidentiality or privacy right. You further agree that you will fully cooperate in the defense of any such claims. Each of the RecycleMatch Parties reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such claim or matter without RecycleMatch's written consent.

Monitoring the Site
You acknowledge and agree that RecycleMatch has the right, but not the obligation, to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.

Submissions to the Site
All remarks, discussions, ideas, concepts, techniques, graphics or other submissions communicated to RecycleMatch through the Site (collectively "Submission") will be deemed and remain the property of RecycleMatch, and RecycleMatch is entitled to any Submission without restriction or compensation to the party who provided the Submission. RecycleMatch will not be subject to any obligation of confidentiality regarding any Submission except as expressly agreed by RecycleMatch or as otherwise required by applicable law or RecycleMatch's Privacy Statement.

Waiver
RecycleMatch's failure to enforce any of its rights under these Terms will not be construed as a waiver of those rights or any other rights in any way whatsoever.

Privacy
In order to understand our privacy practices and policies, please review our Privacy Statement as follows: We log your IP address, browser type, access times, and referring site to help diagnose potential problems with our server, and to administer our website. Your IP address is used to gather broad demographic information. Our log files are not tied to personally identifiable information.Our site may us cookies to keep track of your user account. We use cookies to deliver content specific to your interests, to save your username so you don't have to re-enter it each time you visit our site, and for other purposes. We use a third-party tracking service that uses cookies to track non-personally identifiable information about visitors to our site in the aggregate. This is collected to track usage, volume, and conversion statistics to improve the content and functionality of our site.

Our site's registration form requires users to give us contact information (such as their name and email address) and business information (such as business type, expected volume and transactions). This information is never sold or rented out to third parties. The customer's contact information is also used to contact the visitor when necessary (for instance to verify registration information, or collect payment for transactions). Business information that is collected is used to check the users' qualifications for registration. Third parties may be used to verify the identity of the user. Demographic and profile data is also collected at our site. We use this data to tailor the visitor's experience at our site, showing them content that we think they might be interested in, and displaying the content according to their preferences.

Termination
RecycleMatch may terminate these Terms at any time, without notice, or suspend or terminate your access to and use of the Site, with or without cause, in RecycleMatch's absolute discretion, pursuant to other agreements that you may have with RecycleMatch, and without notice. However, notwithstanding termination of your use or access to the Site, the following provisions of these Terms will survive: Indemnification, Limitations of Liability and Warranties, Waivers, Dispute Resolution and any other provision that by its terms survives termination of your use of or access to the Site.

Dispute Resolution
You agree that you will notify RecycleMatch in writing of any claim or dispute concerning or relating to the Site and information or services provided through it, and give RecycleMatch a reasonable period of time to address it before bringing any legal action against RecycleMatch.

Other Agreements; Additional Terms
These Terms will be subject to any other agreements you have entered into with RecycleMatch. Furthermore, certain sections or pages on the Site may contain separate terms and conditions of use, which are in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

General Provisions
These Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms. All rights not expressly granted herein are hereby reserved. Headings are for referenced purposes only and in no way define, limit, construe or describe the scope or extent of any section.

Texas Law Applicable
The substantive laws of the State of Texas, irrespective of the conflict of law rules of that state, shall apply and exclusively govern the rights and relationships of all Parties.