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Public Processing, LLC Agreement for Payment Processing o iVis/ao t 1. b. o? 0 /41 _ 6 S 6 Public Processing, LLC, a Nevada limited liability company ("Public Processing", "We" "Us") processes payments made by buyers of all types (' Buyers") for surplus goods and other property and assets sold by a governmental body or other party ("Seller" or "You") through online bid boards, auctions and stores and other online transactions on www.publicsurplus com and other websites (collectively, the "Site') operated by our affiliate, The Public Group, LLC, a Utah limited liability company that sometimes does business as "Public Surplus" ("Public Surplus"). If elected by You, Public Processing will agree to receive and process payments made by Buyers and forward to You the amounts paid, in accordance with the terms set forth below. As a condition to accessing and using the Site and receiving the benefit of the payment processing services provided through the Site and otherwise (the "Services"), Public Processing requires that You review and accept this Agreement for Payment Processing (this "Agreement"). BY REGISTERING TO USE THE SITE AND THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR OTHERWISE USE THE SERVICES OR THE SITE, YOU AGREE THAT YOU HAVE RECEIVED GOOD AND VALUABLE CONSIDERATION IN EXCHANGE FOR ENTERING INTO THIS AGREEMENT. 1. ACCESSING THE SITE AND USING THE SERVICES 1.1. Eligibility. You may only use the Services if You are at least 18 years of age, are mentally competent, and can form legally binding contracts under applicable law You may not assign or transfer Your account or user identification to any other party. • 1.2. Seller Agreement with Public Surplus. By using our Site and the Services, You acknowledge, agree, and confirm that You have agreed to the form of the separate Seller Agreement with Public Surplus on the Site that is required to be accepted by you upon registration upon the Site (the "Seller Agreement"). In the event of any inconsistency between the provisions of this Agreement and the Seller Agreement, this Agreement will govern. - 1.3. Seller Affirmations in Connection with Offers and Sales. In using the Site and Services, You agree as follows: a. You will be responsible for delivering property sold using Your username and password. b. You are fully capable of transferring title to the property offered for sale in a timely manner. c. You are a real person or entity, with a verifiable address, telephone number and email address as provided to Us. d. You are dealing in good faith and are not attempting to defraud, cheat, or wrong Public Processing or any Buyer 1.4. Accuracy and Nature of Your Information. You are solely responsible for all information You provide to Us or other users on the Site ("Your Information"). We act as a passive conduit for the online distribution and publication of Your Information. You agree that Your Information (i) will not be false, inaccurate, or misleading; (ii) will not violate any law, statute ordinance or regulation and (iii) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. In providing Your Information, You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, royalty -free, sub -licensable (through multiple tiers) right to use and exercise the copyright, publicity and database rights You have in Your Information for purposes of facilitating the communications and transactions made through the Site. 1.5. Fees. Fees apply for the Services available through the Site. Our fees may change from time to time as specified on the Site or by written communication to You (by e-mail or otherwise). You are responsible for paying all fees and any applicable taxes associated with transactions effected through the Site in a timely manner and with a valid payment method. You agree that the fees and any taxes due may be deducted and retained by Us from any payment amounts processed by Us. If Your payment method fails or Your account is past due, We may collect the fees and taxes owed using other collection mechanisms.