YOUR BUSINESS NAME, ("User"), being a party interested in using NY Wa$teMatch, has carefully read the terms and conditions below. As a condition of and in consideration for the privilege to use NY Wa$teMatch, User hereby agrees to said terms and conditions. Said agreement is applicable to and for each and every use of User from the date hereof forward.

I. PROVISION AND LISTING OF MATERIALS

If User is providing material through or listing it on NY Wa$teMatch, then User warrants, represents, and agrees to the following:

1. User wishes to list certain material as "Available" or "Wanted" with NY Wa$teMatch, New York City’s Material Exchange service and a program of the Materials Exchange Development Program (MEDP).

2. No material listed or to be listed by User is a Hazardous Waste within the meaning of federal law, New York law, or the law of another relevant state, or a Hazardous Material as defined by the U.S. Department of Transportation and the Environmental Protection Agency.

3. User understands and agrees that NY Wa$teMatch and MEDP will have no information as to the nature or classification of the material except that provided by User, and that NY Wa$teMatch and MEDP are relying on User for such information.

4. User will indemnify NY Wa$teMatch, MEDP, their affiliates, employees, successors, and assigns, and any party accepting or receiving the materials listed, and said party's subsidiaries, affiliates, employees, agents, successors, heirs, and assigns, for any liability which the parties to be indemnified may incur (including litigation costs and attorney's fees in any forum, including administrative) because of the materials listed being, or alleged as, hazardous wastes or hazardous materials, or because of the receipt, potential receipt, possession, or transportation thereof.

5. These warranties and representations are for the benefit of NY Wa$teMatch, MEDP, their affiliates, employees, successors, and assigns, and also for the benefit of any party accepting or receiving the materials listed, and said party's subsidiaries, affiliates, employees, agents, successors, heirs, and assigns.

II. RECEIPT OF MATERIAL

If User is seeking or receiving material through or with the aid of the facilities provided by NY Wa$teMatch, then User warrants, represents, and agrees to the following:

1. User understands that NY Wa$teMatch, MEDP, and their affiliates, employees, successors, and assigns, have no independent knowledge whatever as to the identity or nature of the material listed, and specifically as to whether the material listed is or is not a Hazardous Waste within the meaning of federal law, New York law, or the law of another relevant state, or a Hazardous Material as defined by the U.S. Department of Transportation.

2. User understands that NY Wa$teMatch and MEDP have only the information provided by the User which is providing the material as to the identity or nature of the material. NY Wa$teMatch and MEDP have no knowledge as to whether the information given by the User which is providing the material is accurate or inaccurate, and have performed no independent inquiry or investigation as to the nature of said material or as to whether it is or is not Hazardous Waste or Hazardous Material.

3. User releases NY Wa$teMatch, MEDP, their affiliates, employees, successors, and assigns, from any liability whatever relative to any listed material, including but not limited to the receipt, potential receipt, possession, or transportation of any listed material, and agrees to indemnify the released parties and hold them harmless as to any cost or expense which the parties to be indemnified may incur (including litigation costs and attorneys' fees in any forum, including administrative) relative to said liability or claimed liability.

4. User understands that it, and not NY Wa$teMatch or MEDP, is responsible for ascertaining the nature of the listed material, including whether it is or is not Hazardous Waste or Hazardous Material, and that it will make its own independent inquiry of User which is providing the material as to any information it needs in this regard.

5. These warranties and representations are for the benefit of NY Wa$teMatch, MEDP, their affiliates, employees, successors, and assigns.

III. TRANSACTION OF MATERIAL

If User received, bought, donated or sold material through or with the aid of the facilities provided by NY Wa$teMatch, then User warrants, represents, and agrees to the following:

1. User agrees to report all materials received, bought, donated or sold through or with the aid of the facilities of NY Wa$teMatch.

2. User understands that NY Wa$teMatch may request User to provide details of the transaction including quantity of materials, price of materials, transaction value, disposal cost savings, and earned revenue. NY Wa$teMatch may also request for a copy of documents supporting the transactions. NY Wa$teMatch uses information for the following specific purposes: to fulfill your requests for specific materials and services, improve our services, contact you, conduct research, and provide anonymous reporting for our funders.

3. User understands that it, and not NY Wa$teMatch or MEDP, is responsible for ascertaining the value of the transacted material.

4. These warranties and representations are for the benefit of NY Wa$teMatch, MEDP, their affiliates, employees, successors, and assigns.