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a. The Services do not include risk or fraud management, dispute management, collection agency
<br />services, or electronic checks•
<br />b. We will not perform Services with respect to transactions prohibited by the applicable laws or by
<br />bank financial institution, or credit card association bylaws or rules;
<br />c. We will not provide Services with incomplete transaction information or if transaction information
<br />cannot be confirmed;
<br />d. We will only perform Services for domestic credit cards; and
<br />e. You will not engage any other person to perform Services while we are providing them under this
<br />Agreement.
<br />3.2 Buyer Steps & Procedures for Payment. We will receive and process payments on Your behalf only if
<br />B uyers make the payments by following the steps, instructions, and procedures included on the Site and
<br />sent by e-mail to winning Buyers and in compliance with applicable laws and bank, financial institution, or
<br />credit card association rules and procedures (including but not limited to PCI Security Standards). Among
<br />other things, the payment for each successful bid must be made (a) to Public Surplus or Public Processing,
<br />(b) by certain means (credit cards, wire transfers, etc.) specified on the Site that vary based upon the
<br />amount of the payment, (c) in a timely manner as specified on the Site, and (d) in a single payment by a
<br />single authorized means (no partial payments, multiple payments, or payment by two different means
<br />allowed).
<br />3.3. Sales Tax Processing. If You elect, We will under the conditions specified in this Agreement, agree to
<br />receive sales tax payments made by Buyers and remit the sales tax payments to the applicable sales tax
<br />authority in the state in which You are located (the "State"). You understand and agree as follows:
<br />a. We will receive and remit to the State sales tax amounts paid by Buyers only if and to the extent of
<br />the amount of sales tax with respect to a particular transaction is added to the price and other
<br />payments otherwise payable by the Buyers.
<br />b. We rely on You to inform us of the applicable sales tax rate and to provide us with Your applicable
<br />tax identification number. You hereby authorize and direct Us to remit payment of the sales tax
<br />amounts directly to the applicable sales tax authority in the State using the tax identification
<br />n umber that You provide to Us
<br />c. Except for remitting funds we receive as payment for sales tax to the extent such funds exceed the
<br />price and other payments due from the Buyers, We will have no responsibility or liability for
<br />e nsuring that payments are received and collected as required under all applicable laws or for
<br />making payment to any governmental body or authority entitled to sales or use tax payments.
<br />d. We will receive and process sales tax payments on Your behalf only if Buyers make the payments by
<br />following the steps, instructions, and procedures included on the Site and sent by e-mail to
<br />winning Buyers and in compliance with applicable laws and bank, financial institution, or credit
<br />card association rules and procedures.
<br />3.4. Liability and Risk of Loss for Failure to Pay, Charge Backs, and Other Items. To the extent
<br />allowed by law You will bear the burden and risk of any and all loss, liability, and exposure arising from any
<br />of the following circumstances (a) a Buyer does not make a payment (b) a charge back occurs with respect
<br />to a payment made, (c) a payment is not made in good funds, (d) a check does not clear, (e) a refund to a
<br />B uyer is made, (f) fraud, deception, misrepresentation, or any other impropriety occurs with respect to a
<br />transaction or a payment (g) the action, inaction, refusal, or delay of any bank, financial institution, or
<br />credit card association in processing any payment transaction, (h) the assessment of any fees, fines, or
<br />penalties by a bank, financial institution, or credit card association relating to a charge back or other matter,
<br />or (i) any other cause results in payment not being credited for a transaction involving Your property,.
<br />Because Public Processing is merely processing payments for You, You understand that We assume no
<br />responsibility burden, or risk of loss whatsoever for any of such circumstances. You expressly agree that We.
<br />may offset the amounts arising from any such circumstances against other amounts payable by Us to You.
<br />You also agree that we may charge an extra processing fee if we make refunds relating to sales of Your
<br />property. You understand that the level of charge backs, fraud, or other circumstances may cause Us to
<br />decide to terminate rendering the Services under this Agreement.
<br />3.5. Public Processing Not A Seller, Nor A Collection Agency; No Consignment. You acknowledge
<br />and agree that Public Processing does not (a) assume the role of seller of Your property, (b) make any
<br />representations or statements about Your property, (c) act as a collection agency to collect monies unpaid
<br />by Buyers, (d) take consignment of Your property, nor (e) undertake or assume any other role or
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