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2014-056
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2014-056
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Entry Properties
Last modified
3/13/2017 11:27:19 AM
Creation date
10/1/2015 6:03:29 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
04/15/2014
Control Number
2014-056
Agenda Item Number
12.E.1.B`
Entity Name
Public Processing LLC
Subject
Payment Processing Agreement Online auction
Alternate Name
Public Surplus
Supplemental fields
SmeadsoftID
13104
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1.6. No Disruption to The Site or Services. You agree not to attempt any action that may disrupt the <br />Site or the Services. Among other things, You agree that (i) Your Information and all other input on the Site <br />will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other software, <br />devices, files or routines that may damage, interfere with, copy, reproduce, intercept or expropriate any <br />system, data or personal information; (ii) You will not create liability for Us or cause Us to lose (in whole or <br />in part) the services of our Internet Service Providers or other vendors; (iii) You will not use the Site to <br />o btain e-mail addresses for bulk e-mail solicitations or otherwise; (iv) You will not reverse engineer any of <br />the Services, programs or infrastructure; (v) You will not use any robot, spider, other automatic device, or <br />manual process to monitor, copy or reproduce the Site or the content contained herein without our prior <br />express written permission; and (vi) You will not take any action that imposes an unreasonable or <br />disproportionately large load on the Site infrastructure. <br />1.7. User Password. During the registration process, You will select a username and a password. You <br />agree that You are solely responsible for preserving the confidentiality of Your username and Your password, <br />and You will be responsible for all activities and charges related to the use of Your username and password, <br />including unauthorized use. You agree not to furnish Your username password or other information to any <br />other party for use of the Site and the Services. You agree to notify Public Processing immediately of any <br />u nauthorized use of Your personal password or username and any other breach of security regarding the <br />Services. <br />1.8. Obligation to Ensure Compliance with this Agreement. You agree that You will take all steps <br />n ecessary to ensure that Your employees, contractors, and agents comply with the covenants, terms and <br />provisions of this Agreement, including but not limited to the covenants contained in sections 1 6 and 7.8 of <br />this Agreement You acknowledge that You will be responsible and liable for any damages, claims, liabilities <br />and expenses of any kind suffered by Public Processing arising from any and all actions or failures to act <br />taken by any party using Your username and password or taken by Your employees, contractors, or agents, <br />whether or not in accordance with the terms or intent of this Agreement. <br />1.9. Electronic Signature. You are notified by this statement that Your consent to these terms and <br />conditions by checking the box indicating Your agreement to be bound to these terms, meets the <br />requirements of Section 101(c) (1) (C) (ii), the Consumer Consent Provision, of the Electronic Signatures in <br />Global and National Commerce Act (ESIGN). You may print these terms and conditions, but they are subject <br />to change by Us. Changes to the terms and conditions will be effective from the time they are placed on the <br />Site, in the terms and conditions section of the Site, or any other section where they may appear. <br />2. SELLER UNDERSTANDINGS AND OBLIGATIONS <br />In listing or offering items for sale on the Site or otherwise accessing the Site and Services in any way, You <br />represent, warrant and agree to the following: <br />2.1. Shipment. At the close of an auction in which You have a winning bidder, You agree to make the <br />property available for prompt pickup and/or shipment. <br />2.2. Deposits. Public Surplus and Public Processing reserve the right to require an earnest money deposit <br />prior to or during the listing on certain items at their sole discretion Any such deposits will be retained and <br />applied in their discretion. <br />2.3. Legal Compliance. You will comply with all applicable laws, statutes, ordinances and regulations <br />regarding Your use of the Site and Services and the offer and sale of property. Offering property for sale <br />with the intent not to complete the transaction, causing disruption to the sale process on the Site, and not <br />completing transactions will be considered in most jurisdictions as fraud and may be prosecuted to the <br />fullest extent of the law. <br />3. PAYMENT PROCESSING SERVICES <br />3.1. Scope of Payment Processing Services. In the event that You elect to have Us receive and process <br />o n Your behalf payments made by Buyers, You agree to the provisions set forth in this Agreement relating <br />thereto. You understand and agree as follows: <br />
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