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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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6. TERMINATION OR SUSPENSION <br />Public Surplus reserves the right to suspend or terminate Your access to our Site and Services for any <br />reason or no reason and without notice. Among other reasons, We may suspend or terminate Your <br />access to our Services if (a) You breach any ofthe provisions of this Agreement; (b) We suspect that You <br />have engaged in fraudulent activity of any kind in connection with our Site; (c) You manipulate the price <br />of any item or interfere with another user's communications or transactions; (d) We are unable to verify <br />or authenticate any information You provide to Us; or (e) We believe that Your actions may cause legal <br />liability for You, our users or Us. <br />7. MISCELLANEOUS <br />7.1. Changes to Site and Services. Public Surplus reserves the right, in its sole discretion, to modify, <br />suspend or terminate any aspect of our Site and Services, inc!ud ng, but not limited to, content, auction <br />features, news and information, and product categories without notice. <br />7.2. Record Keeping. Public Surplus cannot guarantee the preservation or maintenance of records <br />relating to historical auction transactions and bidding activity and encourages You to keep individual <br />records and an accounting of all activity conducted through our Site. <br />7.3. Notice and Communication Unless stated otherwise, all notice and communication with You will be <br />provided by e-mail to the e-mail address provided by You in their registration application or via posting <br />on the Site. Notice will be deemed to have been provided 24 hours after the e-mail was transmitted by <br />Public Surplus or the information was posted on the Site. <br />7.4. Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance <br />with the laws of the State of Florida. Any right to trial by jury with respect to any claim, action, suit or <br />proceeding arising out of this Agreement or any of the matters contemplated hereby is waived. You <br />further agree to the exercise of personal jurisdiction in the State of Florida in connection with any <br />dispute or claim involving Public Surplus. <br />7.5. Severability. If any provision of this Agreement is held by a court of competent Jurisdiction to be <br />invalid or unenforceable, then such provision will be enforced to the maximum extent permissible and <br />the remainder of this Agreement will continue in full force and effect. <br />7.6. Waiver. The failure of Public Surplus to exercise or enforce any right or provision of this Agreement <br />will not be deemed a waiver of such right or provision in the future. <br />7.7. Independent Contractor Relationship. The relationship between You and Public Surplus is that of an <br />independent contractor. No agency, partnership, joint venture or franchise relationship is implied, <br />intended or created by this Agreement. <br />7.8. Intellectual Property. Allinventions, know how, improvements, discoveries, methods processes, <br />concepts, designs, ideas, prototypes, samples, drawings, documents, blueprints, specifications, <br />computer or intellectual property programs, methods of doing business, data in Public Surplus' <br />databases (including but not limited to databases containing bidders, Buyers and other users of the Site <br />and their names and contact information), systems, copyrights, trademarks trade names, software <br />and/or other works conceived of and/or reduced to practice or writing or otherwise relating in any way <br />to the Site or the Services are the exclusive intellectual property of Public Surplus (the 'Public Surplus <br />
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