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2014-055
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2014-055
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Entry Properties
Last modified
3/13/2017 11:26:55 AM
Creation date
10/1/2015 6:03:22 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/15/2014
Control Number
2014-055
Agenda Item Number
12.E.1.A
Entity Name
Public Group LLC
Subject
Public Surplus Seller Agreement
Alternate Name
Public Surplus
Supplemental fields
SmeadsoftID
13103
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UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PUBLIC SURPLUS MAKES NO <br />WARRANTY THAT SALES WILL BE COMPLETED THROUGH THE SITE OR THAT THE SITE OR SERVICES WILL <br />MEET YOUR REQUIREMENTS OR EXPECTATIONS, EXPRESSLY DISCLAIMS ANY WARRANTIES OR <br />GUARANTEES THAT BY LISTING THE LISTED ASSETS, THE LISTED ASSETS WILL BE SOLD. PUBLIC SURPLUS <br />MAKES NO WARRANTY OF ANY KIND REGARDING ANY LISTED ASSETS OR ANY TRANSACTIONS ENTERED <br />INTO THROUGH THE SERVICES. PUBLIC SURPLUS EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR <br />WARRANTY OF ANY LISTED ASSETS SOLD ON OR THROUGH THE SITE OR THE SERVICES, AND ANY <br />RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY BUYER OR OTHER <br />USER. <br />4.3. Interruption of Service. Public Surplus is not responsible for any damages or losses related to any <br />system errors or interruptions affecting its Site and the processing of any solicitations, requests, offers, <br />bids, auctions, or sales. You understand and acknowledge that the Site and our Services may be <br />u navailable unexpectedly. <br />4.4. Third Party Links. The Site may contain links to other websites or resources for Your convenience in <br />locating related information and services. You acknowledge and agree that Public Surplus is not <br />responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, <br />advertising or products on or available from such sites or resources. The inclusion of any link on the Site <br />does not imply that Public Surplus endorses the linked site. You use the links at Your own risk. <br />4.5. Release. If You have a dispute with a Buyer or any other Seller or user of our Site, You release Us, <br />(and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands <br />and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or <br />in any way connected with such disputes. You will settle all disputes with other users of our Site without <br />o ur involvement, and to the extent allowed by law, We will have no liability whatsoever arising from <br />communications made or transactions effected through our Site. If You are a California resident, You <br />waive California Civil Code §1542, which says ' A general release does not extend to claims which the <br />creditor does not know or suspect to exist in his or her favor at the time of executing the release, which <br />if known by him or her must have materially affected his or her settlement with the debtor." <br />4.6. Indemnity. To the extent allowed by law, You agree to indemnify, defend and hold harmless Public <br />Surplus from and against any and all debts, liabilities, obligations, claims, suits, judgments, damages, <br />expenses, including attorney's fees, and demands, made or incurred by any third party arising out of <br />Your breach or alleged breach of this Agreement or Your violation or alleged violation of any applicable <br />law or any rights of a third party. <br />5. PRIVACY <br />We do not sell or rent Your personal information to third parties for their marketing purposes without <br />Your explicit consent. We use Your information only as described in Public Surplus' Privacy Policy. We <br />✓ iew protection of privacy as a very important community principle We store and process Your <br />information on computers located in the United States that are protected by physical as well as <br />technological security devices. You can access and modify the information You provide Us. For a <br />complete description of how We use and protect Your personal information, see Public Surplus' Privacy <br />Policy. If You object to Your Information being transferred or used in this way please do not use our <br />services. <br />
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