Smart Bin Pilot Program

Welcome to the 4THBIN Smart Bin Pilot Program! We are excited to introduce this unique service to your company’s sustainability ecosystem.

To enroll in the Pilot Program, please complete the following enrollment form below and read the full Terms & Conditions of the Smart Bin program before accepting them. When you are finished, you will receive a confirmation email with a copy of the Terms & Conditions.

Option 1 – Enroll in the 4THBIN Smart Bin Pilot Program (One-Step)

  • BIN PRODUCT / SOFTWARE / SERVICES

    TERMS AND CONDITIONS

    IMPORTANT-READ CAREFULLY. This Smart Bin Platform Agreement, comprised of these Terms and Conditions and the attached Order Form (collectively, the ”Agreement”), is made by and between 4THBIN (“Company”), and the party whose name appears in the Order Form (“Client” or “you”), as of the effective date indicated in the Order Form (the “Effective Date”). Company and Client shall each be referred to herein as a “party” and collectively as the “parties.” This Agreement, including any and all schedules and exhibits hereto, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral. Any provisions of these Terms and Conditions that are inconsistent or contradictory with the Order Form shall be of no force or effect.

    Company provides a secure technology appliance and platform for storing data bearing devices as well as end-of-life technology products. (1) the Company website located at www.4thbin.com, and all associated sites linked to www.4thbin.com (each a “Site”), (2) services accessible through the Sites (“Web Apps”), (3) software that may be downloaded to your smartphone or tablet to access services (“Mobile Apps”), and (4) subscription services, including services that can be accessed using the Web Apps and Mobile Apps (“Subscription Services”), all for use in conjunction with Company hardware products (“Products”) and in other ways that Company provides. Some Company Products and Services can be used together or in ways that integrate with products and services from third parties. The term “Services” means the Sites, Web Apps, Mobile Apps, and Subscription Services. The term “Client Software” means software in Mobile Apps or Subscription Services. The term “Company Platform means the Services and Products.

    These Terms of Service (“Terms” or “Agreement”) govern your access to, and use of, the Company Platform.

    The term “you”, as used in these Terms, means any person or entity who accesses or uses the Company Platform and any person or entity who creates an Account (as defined herein) and accepts these Terms, including the Client and Authorized Users.

    In consideration of the mutual obligations and covenants set forth herein, the parties hereby agree as follows:

    1. RIGHT AND LICENSE

    1.1 Subject to these Terms, Company grants Client a non-transferable, non-exclusive right (without the right to sub-license) to access and use the Services by (i) using the Web Apps in connection with, and solely for the purpose of, controlling and monitoring the Products you own or are authorized to control and monitor or otherwise accessing a service explicitly provided by Company for your use (the “Permitted Purpose”), (ii) installing and using the Mobile Apps solely on your own handheld mobile device and solely for the Permitted Purpose, and (iii) accessing the Sites solely for the Permitted Purpose.

    1.2 Company hereby grants Client for the Term a non-exclusive, non-transferable, royalty-free, worldwide, limited right and license (without the right to sublicense) to download and install the Client Software”. The Client Software is licensed for use solely in connection with Client’s authorized use of the Company Platform and Client shall not use the Client Software for any other purpose.

    1.3 To use certain Services and Products, you must register for a user account (“Account”) and provide certain information about yourself, as prompted by the applicable registration form. You represent and warrant that: (a) all required registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services and Products will not violate any US or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. The individual who creates an Account is the “Owner” of that Account and is the Owner of the Products associated with that Account. Individuals who are authorized to access an Owner’s Products and Services are “Authorized Users”. Authorized Users may have the ability to use the Services and monitor and control the Products. Authorized Users may also have the ability to view information (including personal information) and content across all of an Owner’s Products, Services and Works with Company connections. Authorized Users are responsible for their own actions in connection with the Products and Services, but the Owner also hereby agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s Products, Services and Account. If you are an Owner who invites or enables an Authorized User, you acknowledge and agree that said Authorized User may subsequently invite or enable other Authorized Users with the same access and ability to use your Products and Services set out above. As a result, if you are an Owner, you should only authorize those individuals whom you trust to access your Account, Products and Services.

    1. CLIENT RESTRICTIONS AND RESPONSIBILITIES

    2.1 Client will not, and will not permit any third party to, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Company Platform (including any software used to provide the Company Platform) or the Client Software (provided that reverse engineering is prohibited only to the extent such prohibition is not contrary to applicable law); modify, translate, or create derivative works based on the Company Platform or Client Software; or copy (except for archival purposes), rent, lease, commercially exploit, distribute, pledge, assign, or otherwise transfer or encumber rights to the Company Platform or Client Software; post, upload, or otherwise store or transmit through the Company Platform any data or other content that is obscene, pornographic, threatening, harmful, or otherwise violates this Agreement or the rights of others; or use the Company Platform or Client Software (i) for the benefit of a third party, (ii) other than for Client’s own internal business purposes, (iii) to build a competitive product or service, or (iv) in violation of any applicable laws, rules and regulations.

    2.2 Client agrees: not to upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the Company Platform or any other system, device or property; not to interfere with, disrupt or attempt to gain unauthorized access to the servers or networks connected to the Services or violate the regulations, policies or procedures of such networks; not to access (or attempt to access) the Company Platform by means other than through the interface that is provided by Company; and not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Company Platform.

    2.3 Client will use reasonable measures to safeguard the security of any credentials issued by Company or registered by Client for access to the Company Platform in order to prevent unauthorized access to the Company Platform, and shall notify Company promptly of any such unauthorized access or use that it becomes aware of. Client shall be responsible for compliance with this Agreement by any person or entity it allows to access the Company Platform on its behalf. While Company implements appropriate measures for the integrity and security of your personal information, Company cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

    2.4 Although the Sites are accessible worldwide, the Products and Services provided or accessed through or on the Sites are not available to all persons or in all countries. If you choose to access the Sites from outside a country in which Company supports the Product and Services (“Target Country”), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Sites are not designed for use in a non-Target Country and that some, or all, of the features of the Sites may not work or be appropriate for use in such a country. To the extent permissible by law, Company accepts no responsibility or liability for any damage or loss caused by your access or use of the Sites or Company Products in a non-Target Country. You will be bound by these Terms wherever you access or use the Sites or the Services.

    2.5 The Services are intended to be accessed and used for non-time-critical information and control of Company Products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Company’s control, including Wi-Fi intermittency, service provider uptime, mobile notifications and operators, among others. You acknowledge these limitations and agree that Company is not responsible for any damages allegedly caused by the failure or delay of the Services.

    2.6 The Services will not be accessible without: (i) a working Wi-Fi network in your premises that is positioned to communicate reliably with the Products; (ii) an Account; (iii) an enabled and supported wireless device, such as a phone or tablet (required for some features and functionalities of the Service); (iv) always-on broadband Internet access in your premises with bandwidth sufficient to support the Products you use; and (v) other system elements that may be specified by Company. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. If you modify, substitute, move, or otherwise change any of the required system elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with the Products and Services. In addition, you acknowledge that Company may activate Bluetooth on your smartphone or tablet, with or without prior notification, in order to facilitate proper operation of the Services, enable communication with Company Products connected to the same Company account and enable certain features.

    2.7 It is your responsibility to install and use the Products and Services pursuant to the applicable manual and instructions. It is your responsibility to test the Products once installed to be sure the Products (and any related sensors, components and peripherals) are functioning and communicating as intended and designed, and then regularly test and maintain the Products after installation.

    1. CLIENT INFORMATION

    3.1 Client represents and warrants that all data and information to be serviced and/or processed by the Company Platform, or otherwise reasonably necessary for Client’s use of, and Company’s provision of, the Company Platform (such information, “Client Information”) and any other information provided to or accessed by Company for the purposes set forth under this Agreement was lawfully acquired without violating the rights of any parties. If Company receives any notice or claim that any Client Information, or activities hereunder with respect to any Client Information, infringes or violates the privacy or intellectual property rights of a third party or the terms of any confidentiality agreement or other restriction on the disclosure of such Client Information to Company, Company may (but is not required to) suspend activity hereunder with respect to that Client Information.

    1. INTELLECTUAL PROPERTY RIGHTS

    4.1 Client retains all rights, title and interests in and to the Client Information and all data, analyses and other results obtained from the Company Platform through its processing of Client Information. Notwithstanding the foregoing, Client acknowledges and agrees that Company may (i) use and modify Client Information and such data, analyses and other results for the purposes of providing the Company Platform and support services to Client, (ii) collect information to generate, and process, Aggregated Anonymous Data (as defined below), and (iii) freely use and make available Aggregated Anonymous Data for Company’s business purposes (including without limitation, for purposes of improving, testing, operating, promoting and marketing Company’s current and future products and services). “Aggregated Anonymous Data” means any of the following information as has been aggregated with other similar information of other Company clients, and anonymized so that it does not reveal any personally identifying information or information identifying Client: (a) information related to how Company’s clients are using the Company Platform and support services; and (b) information related to the performance of the Company Platform or support services. Company is and will remain the sole and exclusive owner of all right, title and interest in and to all Aggregated Anonymous Data, including all intellectual property rights related thereto, and may freely use all Aggregated Anonymous Data during the term of this Agreement and thereafter.

    4.2 The Company Platform and Client Software are licensed, not sold. Nothing in this Agreement conveys to Client any rights of ownership in or related to the Company Platform or Client Software, or any intellectual property rights therein. Except as expressly set forth herein, Company alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Company Platform and the Client Software, and any improvements and other modifications to the Company Platform and the Client Software, and shall be free to use, and to allow others to use, any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Client or any third party relating to the Company Platform and/or the Client Software so long as Client is not identified as the source of such information.

    4.3 Company may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services and/or the Product Software (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services and the Products. If you do not terminate a previously created Account, you will receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and the Products and you agree to install any Updates that Company provides promptly. Your continued use of the Services and the Products is your agreement to (i) these Terms with respect to the Company Platform, and (ii) any change or updates that Company may make to these Terms over time.

    1. CONFIDENTIAL INFORMATION

    5.1 “Confidential Information” means all financial, business, operational, marketing or technical information disclosed by or for a party in relation to this Agreement whether disclosed in tangible, written, oral or electronic form, that is of a nature that should reasonably be considered to be confidential and proprietary. Without limitation, (a) all non-public product, pricing and technical information related to the Company Platform and the Client Software shall be treated as Company’s Confidential Information, and (b) all Client Information shall be deemed Client’s Confidential Information for purposes of this Section. Confidential Information expressly excludes any information to the extent that a receiving party can demonstrate such information is (a) already known by it without restriction prior to receipt from the disclosing party, (b) rightfully furnished to it without restriction by a third party not in breach of any obligation to the disclosing party, (c) generally available to the public without breach of this Agreement, or (d) independently developed by the receiving party without reference to or use of any of the disclosing party’s Confidential Information.

    5.2 Except for the specific rights expressly granted by this Agreement, the receiving party shall not use, copy or disclose any of the disclosing party’s Confidential Information without disclosing party’s prior written consent. The receiving party shall use the disclosing party’s Confidential Information solely for the purpose of exercising its rights and performing its obligations hereunder. The receiving party shall only disclose Confidential Information to its affiliates, employees, contractors, agents, potential financing sources, attorneys and accountants (“Representatives”) who have a need to know for the purposes of this Agreement and are bound by substantially similar confidentiality obligations and shall use reasonable care to safeguard the disclosing party’s Confidential Information. Each party shall be responsible for any breach of confidentiality by its Representatives, as applicable. Promptly upon the disclosing party’s request at any time, the receiving party shall either return all of the disclosing party’s tangible Confidential Information or permanently erase all Confidential Information in electronic form and destroy all information, records, copies, summaries, analyses and materials developed therefrom. Neither party will be obligated to erase Confidential Information contained in an archived computer system backup made in accordance with such party’s backup, security and/or disaster recovery procedures, provided that such archived copy will (i) eventually be erased or destroyed in the ordinary course of such party’s data processing procedures and (ii) will remain fully subject to the obligations of confidentiality stated herein.

    5.3 Nothing herein shall prevent a party from disclosing this Agreement or any of the other’s Confidential Information as necessary pursuant to any court order or any legal, regulatory, law enforcement or similar requirement or investigation; provided, prior to any such disclosure, the receiving party shall use commercially reasonable efforts to (i) promptly notify the disclosing party in writing of such requirement to disclose and (ii) cooperate with the disclosing party in protecting against or minimizing any such disclosure or obtaining a protective order.

    1. PAYMENT OF FEES

    6.1 All undisputed fees must be paid in accordance with the payment terms set forth in this Agreement or the Company Platform and/or Client Software may be suspended or terminated. Client shall be responsible for all taxes imposed or based on the provision of the Company Platform or Client Software other than taxes based on Company’s net income.

    1. TERMINATION

    7.1 In addition to any other remedies it may have, either party may terminate this Agreement upon thirty (30) days’ written notice if the other party breaches any of the terms or conditions of this Agreement and fails to remedy such breach within such 30-day period.

    7.2 All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, intellectual property rights, warranty disclaimers, indemnification obligations, and limitations of liability.

    1. REPRESENTATIONS, LIMITED WARRANTY AND DISCLAIMER

    8.1 Each party represents that (i) it has full power and authority, and has been duly authorized, to enter into and perform its obligations under this Agreement, all necessary approvals of any Board of Directors, shareholders, partners, or other required approvers having been obtained; (ii) the execution, delivery and performance of this Agreement by each party will not violate, create a default under, or breach of any charter, bylaws, agreement, or other contract, license, permit, indebtedness, certificate, order, decree or security instrument to which such party or any of its principals is a party or is subject; (iii) the person signing this Agreement is authorized to execute this Agreement for and on behalf of such party and has full authority to so bind such party; and (iv) it will comply with applicable laws, rules and regulations in its performance of its obligations hereunder.

    8.2 Company warrants that any services performed under this Agreement will be performed using generally accepted industry standards, and together with the Company Platform, will substantially conform to agreed-upon specifications. If the Company Platform does not substantially conform to such specifications or documentation, Client shall provide written notice of non-conformance to Company and Company shall, at its option and as its sole obligation and liability and Client’s exclusive remedy, repair the affected portion of the Company Platform at no additional charge, or, if it determines that the foregoing option is not commercially practical, terminate this Agreement with respect to the Company Platform and issue a refund for any prepaid amounts for unused portions of the term.

    8.3 The Company Platform relies on or inter-operates with third-party products and services. These third-party products and services are beyond Company’s control, but their operation may impact on, or be impacted by, the use and reliability of the Company Platform. You acknowledge and agree that: (i) the use and availability of the Company Platform is dependent on third-party product vendors and service providers, (ii) these third-party products and services may not operate in a reliable manner 100% of the time and they may impact on the way that the Company Platform operates, and (iii) Company is not responsible for damages and losses due to the operation of these third-party products and services.

    8.4 You acknowledge that the availability of the Company Platform is dependent on (i) your computer(s), mobile device(s), premises wiring, premises Wi-Fi network, Bluetooth connection and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”) and (iii) as applicable, your mobile device operator (“Operator”). You acknowledge that you are responsible for all fees charged by your ISP and Operator in connection with your use of the Company Platform. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service and other policies of your ISP and Operator.

    8.5 Company is not responsible for any Authorized User’s behavior, or for any personal injury, death, property damage (including, without limitation, to your premises), or other harm or losses arising from or relating to their use of the Company Platform.

    8.6 COMPANY DOES NOT WARRANT THAT THE COMPANY PLATFORM, CLIENT SOFTWARE OR ANY SUPPORT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE COMPANY PLATFORM, CLIENT SOFTWARE OR ANY SUPPORT SERVICES OTHER THAN THE EXPRESS WARRANTY SET FORTH ABOVE. THE COMPANY PLATFORM, CLIENT SOFTWARE AND ANY SUPPORT SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

    1. LIMITATION OF LIABILITY

    9.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, AND EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, COMPANY (AND ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES) AND CLIENT SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; OR (B) FOR ANY DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE FEES PAID OR PAYABLE BY CLIENT TO COMPANY IN THE 12 MONTHS PRIOR TO THE CLAIM GIVING RISE TO SUCH DAMAGES. IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY, AND EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY (OR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS OR EMPLOYEES) BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY.

    9.2 THE LIMITATIONS SET FORTH IN THE FOREGOING SECTION SHALL NOT APPLY TO (A) FRAUD, WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, (B) AMOUNTS PAYABLE TO THIRD PARTIES PURSUANT TO A PARTY’S INDEMNIFICATION OBLIGATIONS, OR (C) TO ANY BREACH OF THE INTELLECTUAL PROPERTY CONFIDENTIALITY OBLIGATIONS HEREUNDER.

    1. INDEMNIFICATION

    10.1 Company will defend Client and Client’s officers, directors, employees, affiliates, agents and representatives from all third party claims that the Client Software or Company Platform provided by Company, when used and operated in accordance with the terms and conditions of this Agreement, infringes any intellectual property rights of such third party. Company will pay all losses, damages, awards, penalties and/or settlement amounts finally awarded to such third party by a court of competent jurisdiction, or agreed to in a monetary settlement, with respect to any such claims. Company shall have sole control over the defense and/or settlement of any claim subject to indemnification by Company; provided, however, that Company will not settle any such claim without the prior written consent of the indemnified party (such consent not to be unreasonably withheld, conditioned or delayed) unless the settlement requires only the payment of money and includes a full and unconditional release of all liability. Client shall promptly notify Company of any such claim and provide Company with reasonable assistance in connection with any such claim. If the Client Software or Company Platform becomes or, in Company’s opinion, is likely to become the subject of any injunction preventing its use as contemplated herein, Company may, at its option (1) obtain for Client the right to continue using the Client Software or Company Platform or (2) replace or modify such Client Software or Company Platform so that it becomes non-infringing without substantially compromising its principal functions. If (1) and (2) are not reasonably available to Company, then it may (3) terminate this Agreement upon written notice to Client and issue a refund for any prepaid amounts for unused portions of the term.

    10.2 Company shall have no liability or obligation to Client under the foregoing section with respect to any claim based upon (i) any use of the Client Software or Company Platform not strictly in accordance with this Agreement, (ii) alterations, combinations or enhancements of the Client Software or Company Platform not created by Company, (iii) any portion of the Client Software or Company Platform which implements Client’s requirements, (iv) Client’s continuing allegedly infringing activity after being notified thereof or its continuing use of any version of the Client Software or Company Platform after being provided modifications that would have avoided the alleged infringement, or (v) any intellectual property right in which Client or any of its affiliates has an interest.

    10.3 Client will defend Company and Company’s officers, directors, employees, affiliates, agents and representatives from all third party claims that arise in connection with any breaches of its obligations under the Client Restrictions and Responsibilities and Client Information sections. Client will pay all losses, damages, awards, penalties and/or settlement amounts finally awarded to such third party by a court of competent jurisdiction, or agreed to in a monetary settlement, with respect to any such claims. Client shall have sole control over the defense and/or settlement of any claim subject to indemnification by Client; provided, however, that Client will not settle any such claim without the prior written consent of the indemnified party (such consent not to be unreasonably withheld, conditioned or delayed) unless the settlement requires only the payment of money and includes a full and unconditional release of all liability. Company shall promptly notify Client of any such claim and provide Client with reasonable assistance in connection with any such claim.

    10.4 Neither party shall have any responsibility to defend or indemnify the other party for any claims under the foregoing sections to the extent the claim otherwise subject to indemnification results from the gross negligence, willful misconduct or breach of this Agreement by the indemnified party.

    1. MISCELLANEOUS

    11.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers, amendments and modifications must be in a writing signed by both parties, except as otherwise expressly provided herein. The failure by a party to require performance of any provision hereof shall not affect its right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

    11.2 This Agreement is not assignable, transferable or sublicensable by a party except with prior written consent of the other party, except that either party (without consent) may assign its rights and obligations hereunder to any of its affiliates or to any successor to all or substantially all of its business that concerns this Agreement (whether by sale of stock or assets, merger, consolidation or otherwise). This Agreement will be binding upon, and inure to the benefit of, the successors, representatives, and permitted assigns of the parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party shall have any authority of any kind to bind the other party in any respect whatsoever.

    11.3 All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

    11.4 This Agreement shall be governed by the laws of the United States and the State of New York without regard to any conflict of laws provisions. Any disputes arising out of this Agreement shall be brought exclusively in the courts located New York County in the State of New York. Solely with respect to breaches of the Confidentiality section, each party shall have the right to pursue injunctive or other equitable relief at any time from any court of competent jurisdiction.

    11.5 Notwithstanding any other provision contained herein, Company is permitted to disclose that Client is one of its Clients to any third party at its sole discretion (including without limitation by including Client’s name and logo in Client lists that may be made available on Company’s website or in Company’s marketing materials).

    11.6 FCC COMPLIANCE NOTICE. The equipment in the Company Platform has been tested and found to comply with the limits for a Class B digital device, pursuant to part 15 of the FCC Rules. These limits are designed to provide reasonable protection against harmful interference in a residential installation. This equipment generates, uses and can radiate radio frequency energy and, if not installed and used in accordance with the instructions, may cause harmful interference to radio communications. However, there is no guarantee that interference will not occur in a particular installation. If this equipment does cause harmful interference to radio or television reception, which can be determined by turning the equipment off and on, the user is encouraged to try to correct the interference by one or more of the following measures: 1. Reorient or relocate the receiving antenna. 2. Increase the separation between the equipment and receiver. 3. Connect the equipment into an outlet on a circuit different from that to which the receiver is connected. 4. Consult the dealer or an experienced radio/TV technician for help.

    This device complies with part 15 of FCC rules. Operation is subject to the following two conditions: 1.This device may not cause harmful interference. 2. This device must accept any interference received, including interference that may cause undesired operation.

    Change or modifications that are not expressly approved by the manufacturer could void the user’s authority to operate the equipment.

    RF Exposure Information. This equipment complies with FCC radiation exposure limits set forth for an uncontrolled environment. In order to avoid the possibility of exceeding the FCC radio frequency exposure limits, human proximity to the antenna shall not be less than 20cm during normal operation.

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About 4THBIN

4THBIN is dedicated to developing long term IT strategies and solutions that help businesses save time, resources and money through FullCycle e-management of computer equipment. We work with company management and their technology teams to create customized solutions for IT asset value recovery, secure data destruction and responsible electronics recycling.