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Terms of Service Agreement
Smarter Sorting Classification Portal

Last updated: August 8, 2021

1. Introduction

Waste Repurposing International, Inc. dba Smarter Sorting (“Smarter Sorting”) provides a variety of product classification services that power a more efficient and sustainable supply chain. We work with the largest retailers and suppliers in North America who rely on Smarter Sorting product classifications for proper handling instructions, workplace safety, transportation, waste disposal, recycling, and donation.  By registering your products in Smarter Sorting’s portal (the “Portal”), together we make it possible for your products to be sold by retailers in-store and online, and to flow-through their supply chain to, ultimately, consumers.

Any access to or use of Smarter Sorting’s products or services, including, the Portal and Software (collectively, the “Services”) is subject to the terms and conditions in this Portal Agreement (this “Agreement”).

This Agreement governs your use of the Services whereby Smarter Sorting provides:

  1. A way for a retailer’s supplier to share information about its products through the Portal so that we may use the Product Information they provide along with other information we obtain from retailers to produce Classifications;
  2. A way for retailers to share information about their UPC inventory lists, product suppliers (supplier names, supplier contacts, associated products), custom business rules and other retailer specific identifiers (such as item number, department number, etc.) that enable retailers to take various business actions based on the Product Information and Classifications;
  3. A way for Product Information and Classifications to be shared through the Portal with Users like retailers and other recipients that sell, store, transport or dispose of a supplier’s products; and 
  4. Such other services that may be added from time to time.

 

BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICES.

 

2. Definitions

  • “Account” refers to an account for the Services.
  • “Classifications” or “Product Classifications” means the classifications set forth in Exhibit A attached hereto created by the Classification Engine from the Product Information.
  • “Classification Engine” means the Smarter Sorting server-side software which analyzes the User Data and generates the Classifications.
  • “Documentation” means any accompanying documentation made available to you by Smarter Sorting for use with the Services, including any documentation available online.
  • “Portal” means the user interface through which you can access certain Smarter Sorting Services.
  • “Product Information” means the details and descriptions of products, including UPC/Barcode, Safety Data Sheets, Ingredients List, Article Information Sheet, Technical Data Sheet, UN38.3 Test Summary, Inner Packaging Volume, and Attributes such as Chemicals and Percent Composition or Composition Range, Flashpoint, Boiling Point, pH, Intended Use, and Phase.
  • “Software” means any applications related to the Services such as the Portal or an API connection for accessing, providing, and using the User Data and Classifications, together with any updates and improvements thereto.
  • “Third Party” means any third party (i) to which you provide access to your Account or (ii) for which you use the Service to collect information on the third party’s behalf.
  • “Users” means you and authorized users of the Services including retailers, suppliers, and other recipients of the Product Information.
  • “User Data” means the data you collect, process, provide, share or store using the Services including the Product Information and information about you including information about a retailer’s UPC inventory lists, product suppliers (supplier names, supplier contacts, associated products), custom business rules and other retailer specific identifiers (such as item number, department number, etc.).
  • The words “include” and “including” mean “including but not limited to.”

3. Additional Terms

Your access to and use of the Services is subject to the Smarter Sorting Privacy Policy, any additional terms, requirements, or usage or other policies relating to the Services posted or otherwise made available to you by Smarter Sorting (collectively, “Additional Terms”). The Additional Terms are part of this Agreement and are hereby incorporated by reference, and you agree to be bound by the Additional Terms.

 

4. Grant of Rights

Subject to and conditioned upon your compliance with this Agreement, Smarter Sorting grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to (i) access and view pages within the Services for your internal business purposes, and (ii) access and use the Software only within the Services and only in the form found within the Services.

 

5. Account; Creation

In registering for an Account, you agree to: (i) provide information about yourself as prompted by the registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data. 

It is your responsibility to select an appropriate password for this account and to ensure that your password is not disclosed to others. You are fully responsible for all activities that occur under your account, whether or not you authorized the particular use or user, and regardless of your knowledge of such use. You agree to notify Smarter Sorting immediately of any unauthorized use of your account or password or any other similar breach of security.

Smarter Sorting’s support staff may, from time to time, access your Account in order to maintain or improve the Services, including to provide assistance with technical or billing issues.

 

6. Fees

Pricing is according to terms reviewed during Account creation and may be modified. All updated pricing is viewable in the “Help” section of a User’s Account. Unless otherwise stated, all fees are quoted in U.S. Dollars. Any outstanding balance becomes immediately due and payable upon termination of this Agreement and any collection expenses (including attorneys’ fees) incurred by Smarter Sorting will be included in the amount owed and may be charged to the credit card or other billing mechanism associated with Your Account. 

 

7. Registering Products and Product Information

You register your products with Smarter Sorting through the Portal by providing detailed Product Information.  Our automated Classification Engine system analyzes and relies upon the Product Information to generate the relevant Product Classifications for your products.  When you register your products in the Portal you agree to provide us with accurate, complete, up-to-date Product Information including all ingredients as listed on your publicly available ingredients list or your Safety Data Sheet or that require disclosure per a regulatory authority contained in a product or product component with the percentage range of each ingredient, data and information from Safety Data Sheets (“SDSs”), and United Nations 38.3 documentation (“UN 38.3”) for lithium battery products.  You are responsible for maintaining current and accurate Product Information in the Portal.  Failure to provide accurate and complete Product Information may result in your liability for improper Classifications.  If any of the Product Information you provide to us changes, including if the ingredients that go into your product changes or you update your product SDS, you must login to the Portal or contact customer service to update your Product Information as soon as reasonably possible after it changes.   When you register your products in the Portal  you may be asked to confirm at various points in the process that the Product Information you are providing is accurate, whether it is provided by you and by a third party data provider on your behalf.  For example, we may ask you to check a box to confirm that the ingredients you enter reflect all ingredients that are regulated in the State of California, or to confirm that all CAS numbers and weights are accurate.  Regardless of whether or not we ask you to confirm your Product Information, you remain responsible for the Product Information and the accuracy and completeness thereof.  

We agree to be responsible for taking the Product Information you provide and properly processing it to generate the Classifications that the retailers and other Users rely upon.  Failure of Smarter Sorting to properly run its process which generates Classifications of regulated products may result in liability for Smarter Sorting for improper classifications.  

Product Information may be derived using both non-confidential and confidential information submitted by you and suppliers of product components on the Portal. Confidential information, however, does not include information or materials that are: (i) already known to us at the time of disclosure and not subject to an obligation of confidentiality; (ii) publicly available or that become publicly available other than through the acts or omissions of Smarter Sorting; (iii) subsequently acquired by Smarter Sorting from other sources not in violation of any confidentiality obligations; or (iv) is required by law or regulation to be treated as non-confidential.  We agree to treat your confidential information with the same degree of care we employ to protect our own confidential information and in no event less than a reasonable standard of care.  We may disclose data received from you if required by a law enforcement action such as a court order, subpoena or search warrant. If permitted, we will provide you advance notice so that you may oppose or limit such disclosure or seek any other appropriate relief.

Third Party Data Warehouses and Data Syndication Services.  Many suppliers to retailers utilize 3rd party data warehouses and data syndication services (such as One World Sync, Salsify, SPS, GS1 and others) as repositories for, and distributors of, their product data to retailers for the purposes of sales enablement, transportation enablement, safety and compliance, marketing information and other such uses.  This enables the retailer to better serve their customer which in turn supports the supplier as it enables that product to be sold more efficiently.  Smarter Sorting, where possible, seeks to lessen the burden of additional data entry on the part of the suppliers by accessing the data from these third party data warehouses and data syndication services and getting the data on behalf of the supplier to assist the supplier in registering its products and entering its Product Information.  You hereby grant permission to Smarter Sorting to access your data from these sources, including any third party data warehouse and data syndication services who you now contract with, or may contract with in the future, for these purposes that holds the relevant Product Information that Smarter Sorting and the retailers you sell to utilize.  In addition, to the extent we are able to identify other data providers that may help facilitate the registration of your products and the completeness of your Product Information you agree to provide such additional written authorizations as may be needed to facilitate the access and use of this Product Information on your behalf for purposes of this Agreement. 

User Data; Aggregate Data

You acknowledge and agree that all information, data, data records, databases, text, software, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Services, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Smarter Sorting, are entirely responsible for your User Data, and other users of the Services, and not Smarter Sorting, are similarly responsible for all such items they upload, post, email, transmit or otherwise make available through the Services.

You retain ownership of any intellectual property rights that you hold in any User Data; however, you grant Smarter Sorting (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such User Data as reasonably necessary to operate, promote, and improve our Services, and to develop new ones. This license continues even if you stop using our Services. Some of our Services may (i) offer you ways to access and remove User Data, and/or (ii) offer you ways to narrow the scope of our use of your User Data. 

You represent, warrant, and covenant that (i) the Product Information you provide will be complete, accurate, and current, (ii) that you will comply with all applicable laws in connection with your provision of any Product Information, and (iii) that we may rely upon and process such Product Information when providing the Services. In addition, you represent and warrant that the Product Information you provide to us is owned or licensed by you and does not infringe on the intellectual property rights of any third party.  If any of the Product Information you provide is inaccurate, we will not be liable for any performance or alleged non-performance of Services.

As used herein, "Aggregate Data" means User Data that has been aggregated in a manner that does not reveal any personal information and cannot reasonably be used identify you, your organization or its customers or vendors as the source of such data. You acknowledge and agree that Smarter Sorting may collect or generate Aggregate Data in connection with providing you with access to or use of the Services, and you hereby grant Smarter Sorting and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Aggregate Data (in any form and any medium, whether now known or later developed) for any lawful purpose.

 

8. Beta Features

Certain Service features may be identified as “Alpha,” or “Beta” (either within the Service or elsewhere by Smarter Sorting) or as otherwise unsupported or confidential (collectively, “Beta Features”). You may not disclose any information from Beta Features or the terms or existence of any non-public Beta Features. Smarter Sorting will have no liability arising out of or related to any Beta Features.

 

9. Restrictions

The Services, which includes the Software and all Intellectual Property Rights therein are, and will remain, the property of Smarter Sorting. All rights in and to the Software not expressly granted to you in this Agreement are reserved and retained by Smarter Sorting and its licensors without restriction, including, Smarter Sorting’s right to sole ownership of the Software and Documentation. 

Without limiting the generality of the foregoing, you agree that you will not (and you will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the Software or the Documentation; (ii) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software, except as expressly permitted by the law in effect in the jurisdiction in which you are located; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the Software, the Documentation or the Services; (iv) remove any proprietary notices or labels on the Software or placed by the Services; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Services or the Software; or (vi) use data labeled as belonging to a third party in the Services for purposes other than generating, viewing, and downloading Classifications. You will comply with all applicable laws and regulations in your use of and access to the Documentation, Software, Services and Classifications.

You are only authorized to use the Portal for the purposes of accessing and using the Services. You agree to use the Portal only for purposes that are lawful and permitted by this Agreement. You specifically agree not to access (or attempt to access), or systematically retrieve data from, any part of the Portal through any automated means (including use of scripts, bots or web crawlers) without the express prior written consent of Smarter Sorting. Gathering data from the Portal through harvesting or automated means that are not enabled or approved through the Portal itself is strictly prohibited. You agree that you will not engage in any activity that interferes with or disrupts the Portal or interferes with any other party's use of the Portal. You agree not to engage in any conduct in connection with your use of the Portal that is anti-competitive, deceptive or otherwise in violation of any law including those governing competition or trade practices. You further agree not to tamper with the Portal or its functionality. You shall not post or transmit any information, file or software that contains a virus, worm or any other potentially contaminating or destructive information, data or feature.

 

10. Suggestions

If you elect to provide or make available to Smarter Sorting any suggestions, comments, ideas, improvements or other feedback relating to the Services (“Suggestions”), you hereby grant Smarter Sorting and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license, to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.

 

11. Indemnification

You will indemnify, defend and hold harmless Smarter Sorting, at your expense, from any and all third-party claims, actions, proceedings, and suits (“Claims”) brought against Smarter Sorting or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) (“Losses”) incurred by Smarter Sorting or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) Your breach of any term or condition of this Agreement, (ii) Your use of the Services, (iii) Your violations of applicable laws, rules or regulations in connection with the Services, (iv) any representations and warranties made by you concerning any aspect of the Services, the Software or Classifications to any Third Party; (v) any claims made by or on behalf of any Third Party pertaining directly or indirectly to your use of the Services, the Software or Classifications; (vi) any claims with respect to acts or omissions of any Third Party in connection with the Services, the Software or Classifications. Smarter Sorting will provide you with written notice of any claim, suit or action from which you must indemnify Smarter Sorting. You will cooperate as fully as reasonably required in the defense of any claim. Smarter Sorting reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Smarter Sorting will indemnify, defend and hold you harmless, at its expense, from and against any Claims brought against you or any of your officers, directors, employees, agents or affiliates, and all Losses incurred by you or any of your officers, directors, employees, agents or affiliates to the extent arising out of any (a) actual or alleged infringement, violation or misappropriation of any third-party’s rights arising out of your use of the Services strictly in accordance with this Agreement (each, a “User Claim”).  Notwithstanding the foregoing, Smarter Sorting will have no obligation hereunder or otherwise with respect to any infringement claim based upon:  (a) any use of the Services not expressly permitted under this Agreement; (b) any use of the Services in combination with products, equipment, software, or data not made available by Smarter Sorting if such infringement would have been avoided without the combination with such other products, equipment, software or data; or (c) any modification of the Services or Software by a User.  If Smarter Sorting receives prompt notice of a User Claim that, in Smarter Sorting’s reasonable opinion, is likely to result in an adverse ruling, then Smarter Sorting may (a) obtain a right for User to continue using the Service at issue; (b) modify the Services to make it non-infringing; (c) replace the Services with a non-infringing version; or (d) provide a reasonable depreciated or pro rata refund of amounts pre-paid for the allegedly infringing Services.  This section states Smarter Sorting’s entire liability and User’s sole and exclusive remedies for all User Claims.

 

12. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED HEREIN, YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTER SORTING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SMARTER SORTING MAKES NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE INFORMATION, CALCULATIONS AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND COMPLETENESS OF ALL USER DATA SUBMITTED TO OR OBTAINED FROM THE SERVICES BEFORE TAKING ANY ACTION BASED UPON SUCH USER DATA.

 

13. LIMITATION OF LIABILITY

SMARTER SORTING’S TOTAL LIABILITY UNDER THIS AGREEMENT, TO YOU OR ANYONE CLAIMING ON BEHALF OF OR THROUGH YOU SHALL BE LIMITED TO THE FEE PAID HEREUNDER FOR THE PARTICULAR SERVICE DIRECTLY INVOLVED. IN NO EVENT WILL EITHER YOU OR SMARTER SORTING BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY DAMAGE OR LOSS RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE PORTAL OR FROM LOSS OF DATA, PROFITS, USE, BUSINESS, BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, HOWEVER CAUSED. This limitation of liability will apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

 

14. U.S. Government Rights

If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government’s rights in the Software, including its rights to use, modify, reproduce, release, perform, display or disclose the Software or Documentation, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement.

 

15. Term and Termination

Either party may terminate this Agreement at any time upon written notice. Upon any termination of this Agreement, Smarter Sorting will stop providing, and you will stop accessing the Service. Additionally, if your Account is terminated, you will (i) delete all copies of the Software and/or (ii) suspend any and all use of the Services or Software within 3 business days of such termination. In the event of any termination (a) you will not be entitled to any refunds of any usage fees or any other fees, and (b) any outstanding balance for Services rendered through the date of termination will be immediately due and payable in full and (c) all of your historical Classification data will no longer be available to you.

 

16. Modifications to Terms of Service and Other Policies

Smarter Sorting may modify these terms or any additional terms that apply to the Services to, for example, begin charging fees for the Services, change fees for the Services, reflect changes to the law or changes to the Services. You should look at the terms regularly. Smarter Sorting will post notice of modifications to these terms at https://www. smartersorting .com/terms-portal/ , or other policies referenced in these terms at the applicable URL for such policies. Changes will not apply retroactively and will become effective no sooner than 14 days after they are posted. If you do not agree to the modified terms for the Services, you should discontinue your use of the Services. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Smarter Sorting, (ii) you accept updated terms online, or (iii) you continue to use the Services after Smarter Sorting has posted updates to the Agreement or to any policy governing the Services.

 

17. ARBITRATION

ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS AGREEMENT (EACH, A “CLAIM”) SHALL BE RESOLVED BY BINDING ARBITRATION.

The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. The arbitrator will, among other things, have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any Claims. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas. The decision of the arbitrator on all matters relating to the Claim shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS AND EXPRESSLY WAIVE ANY RIGHT TO HAVE A CLAIM DETERMINED OR RESOLVED ON A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE BASIS. IF FOR ANY REASON THE PROVISIONS OF THE PRECEDING SENTENCE ARE HELD TO BE INVALID OR UNENFORCEABLE IN A CASE IN WHICH CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CLAIMS HAVE BEEN ASSERTED, THE PROVISIONS OF THIS SECTION 20 REQUIRING BINDING ARBITRATION SHALL LIKEWISE BE UNENFORCEABLE AND NULL AND VOID. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

Notwithstanding anything to the contrary, you and Smarter Sorting may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section.

 

18. Miscellaneous, Applicable Law and Venue

Smarter Sorting will be excused from performance in this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between you and Smarter Sorting concerning its subject matter and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. This Agreement will be governed by and construed under the laws of the state of Texas without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Texas law, rules, and regulations, Texas law, rules and regulations will prevail and govern. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may not be exported to or used by embargoed countries or individuals. Any notices to Smarter Sorting must be sent to: Waste Repurposing International, Inc., 4901 E. Cesar Chavez, Austin, TX 78702, with a copy to Legal Department, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights in this Agreement without Smarter Sorting ‘s prior written consent, and any such attempt is void. The relationship between Smarter Sorting and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto. 

 

Smarter Sorting contact information:

Smarter Sorting
4901 E. Cesar Chavez St.
Austin. TX 78702

Support (US): 512.593.2594
Support (Canada): 647.243.8394
Email: support@smartersorting.com

 

 

Exhibit A

Classifications

Smarter Sorting will provide the following Classifications for Products registered in the Portal:

Waste

Transportation

Custom Sorting

Universal Waste

RCRA

  • D-Characteristics Waste Codes D001-D003
  • D-Listed Waste Codes D004-D043
  • P-Listed Waste Codes P001-P024; P025-P051; P054; P056-P060; P062-P078; P081-P089; P092-P116; P118-P128; P185; P188-P192; P194; P196-P205
  • U-Listed Waste Codes U001-U12; U014-U039; U041-U064; U066-U099; U101-138; U140-U197; U200-U211; U213-U228; U234-U249; U271; U278-280; U328; U353; U359; U364; U367; U372; U373; U387; U389; U394; U395; U404; U409-U411


  • United Nations – Basic Desc
  • United Nations – ID
  • United Nations – PSN
  • United Nations – Tech Names
  • United Nations – Hazard Classes 1-9
  • United Nations – PG
  • United Nations – MARINE POLLUTANT
  • Ground – Basic Desc

  • Ground – ID
  • Ground – PSN
  • Ground – Tech Names
  • Ground – HC
  • Ground – Sub
  • Ground – PG
  • Ground – LTD QTY IP VOL
  • Ground – LTD QTY OP VOL
  • Ground – LTD QTY (Y/N)
  • Ground – EXCEPTED QTY IP VOL
  • Ground – EXCEPTED QTY OP VOL
  • Ground – EXCEPTED QTY (Y/N)
  • Ground – Exception
  • Donations Eligibility – Classifications of Products for donations eligibility according to Custom Business Rules 
  • Recycling Eligibility – Classifications of Products for recycling eligibility according to Custom Business Rules 
  • Recycling Path – classifications of Products for recycling exception when one exists (ethanol, nicotine, electronics, lead acid batteries, and universal waste batteries) according to Custom Business Rules
  • Regulated Waste eligibility – Classifications of Products for regulated waste eligibility as defined by regulatory requirements and Custom Business Rules 
  •  
  • Regulated Waste Path – Classifications of Products for regulated waste paths, based on “out of the box” definitions (e.g., flammables, RCRA toxics, RCRA corrosive acids) or Custom Business Rules 

State Waste Codes

  • CA Waste Codes CA 121-CA 123; CA 131-CA 135; CA 141; CA 151; CA 181; CA 211-CA 213; CA 221; CA 232; CA 251; CA 261; CA 281; CA 291; CA 311; CA 331; CA 341-CA 343; CA 351-CA 352; CA 711; CA 721-CA 728; CA 731; CA 741; CA 751; CA 791-CA 792; CA 801
  • CT Waste Codes
    CR01-CR05
  • IL Waste Codes
    IL12-IL15; IL18-IL19
  • MA Waste Codes
    MA01; MA95
  • MD Waste Codes
    M001
  • ME Waste Codes
    M002-M003; MRD001-MRD003; MRD006-MRD009; MRD011
  • MI Waste Codes
    007L; 014L; 019L; 021L; 031L
  • MO Waste Codes
    MH02; MO11
  • MN Waste Codes
    MN01; MN03
  • NH Waste Codes
    NH01- NH03
  • NJ Waste Codes
    ID27A
  • OR Waste Codes
    ORP001-ORP024; ORP026-ORP034;ORP036-ORP051; ORP054-ORP060; ORP062-ORP078; ORP081-ORP082; ORP084-ORP085; ORP087-ORP089; ORP092-ORP099; ORP101-ORP116; ORP118-ORP123; ORP127-ORP128; ORP185; ORP188-ORP192; ORP194; ORP196-ORP199; ORP201-ORP205; ORU001-ORU012; ORU014-ORU039; ORU041-ORU053; ORU055-ORU099; ORU101-ORU211; ORU213-ORU228; ORU234-ORU240; ORU243-ORU244; ORU246-ORU249; ORU271; ORU278-ORU280; ORU328; ORU353; ORU359; ORU364; ORU367; ORU372-ORU373; ORU387; ORU389; ORU394-ORU395; ORU404; ORU409-ORU411
  • PA Waste Codes
    PA 301- PA 304; PA 306; PA 310; PA 312; PA 314-PA 317; PA 399; PA 411; PA 703
  • RI Waste Codes
    R006-R007; R009-R010
  • TX Waste Codes
    TX 311-TX 316; TX 202-TX 204; TX 219; TX 407; TX 119; TX 209; TX 210-TX 212; TX 319; TX 393; TX 405; TX 701; TX 801; TX 297-TX 298; TX 394-TX 395; TX 494-TX 495; TX 101-TX 114; TX 117; TX 198; TX 201; TX 205-TX 208; TX 296; TX 299;TX 309; TX 409; TX H; TX 1
  • VT Waste Codes
    VT01-VT02; VT06; VT08; VT11; VT20
  • WA Waste Codes
    WT01-WT02; WP01-WP03; WSC2; WPCB
  • Universal Waste Codes
    UW: Batteries; UW: Pesticides; UW: Mercury; Containing; Equipment; UW: Lamps; UW: Aerosols; UW: Antifreeze; UW: Ballasts; UW: Barometers; UW: Electronics; UW: OBP; UW: Paint; UW: Pharmaceuticals

Canada Waste Codes (If Canadian Facilities are included in the Agreement)

  • Quebec Waste Codes
    B06-B09; B11; B13; C01-C02; D01-D02; E04-E06; E15-E17; E22; F02-F03; G01-G03; H01-H03; K03; M01; M03-M04
  • Ontario Waste Codes
    114; 121-123; 135; 145; 147-148; 211-213; 221-222; 231-233; 241-242; 251-253; 263; 267-269; 331
  • Air – Basic Desc
  • Air – ID
  • Air – PSN
  • Air – Tech Names
  • Air – HC
  • Air – Sub
  • Air – PG
  • Air – LTD QTY IP VOL
  • Air – LTD QTY OP VOL
  • Air – LTD QTY (Y/N)
  • Air – EXCEPTED QTY IP VOL
  • Air – EXCEPTED QTY OP VOL
  • Air – EXCEPTED QTY (Y/N)
  • Air – Exception
  • Air – Pkg Instr
  • Sea – Basic Desc
  • Sea – ID
  • Sea – PSN
  • Sea – Tech Names
  • Sea – HC
  • Sea – Sub
  • Sea – PG
  • Sea – LTD QTY IP VOL
  • Sea – LTD QTY OP VOL
  • Sea – LTD QTY (Y/N)
  • Sea – EXCEPTED QTY IP VOL
  • Sea – EXCEPTED QTY OP VOL
  • Sea – EXCEPTED QTY (Y/N)
  • Sea – Exception