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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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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 Processing 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 the Site, You release Us <br />(and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and <br />damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any <br />way connected with such disputes. You will settle all disputes with other users of the Site without our <br />involvement, and We will have no liability whatsoever arising from communications made or transactions <br />effected through the Site. If You are a California resident, You waive California Civil Code A§1542, which <br />says: "A general release does not extend to claims which the creditor does not know or suspect to exist in <br />his or her favor at the time of executing the release, which if known by him or her must have materially <br />affected his or her settlement with the debtor." <br />4.6. Indemnity You agree to indemnify, defend and hold harmless Public Processing from and against any <br />and all debts, liabilities, obligations, claims, suits judgments, damages expenses including attorney's fees, <br />and demands, made or incurred by any third party arising out of Your breach or alleged breach of this <br />Agreement or Your violation or alleged violation of any applicable 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 Your <br />explicit consent. We use Your information only as described in Public Surplus' Privacy Policy. We view <br />protection of privacy as a very important community principle. We store and process Your information on <br />computers located in the United States that are protected by physical as well as technological security <br />devices. You can access and modify the information You provide Us. For a complete description of how We <br />use and protect Your personal information see Public Surplus' Privacy Policy. If You object to Your • <br />Information being transferred or used in this way please do not use the Services. <br />6. TERMINATION OR SUSPENSION <br />Public Processing reserves the right to suspend or terminate Your access to the Site and Services for any <br />reason or no reason and without notice. Among other reasons, We may suspend or terminate Your access to <br />the Services if (a) You breach any of the provisions of this Agreement; (b) We suspect that You have <br />engaged in fraudulent activity of any kind in connection with the Site; (c) You manipulate the price of any <br />item or interfere with another user's communications or transactions; (d) We are unable to verify or <br />authenticate any information You provide to Us; or (e) We believe that Your actions may cause legal liability <br />for You, our users or Us. <br />7. MISCELLANEOUS <br />7.1. Changes to Site and Services. Public Processing reserves the right, in its sole discretion, to modify, <br />suspend, or terminate any aspect of the Site and Services, including, but not limited to, content, auction <br />features, news and information, and product categories without notice. <br />7.2. Record Keeping. Public Processing cannot guarantee the preservation or maintenance of records <br />relating to historical auction transactions and bidding activity and encourages You to keep individual records <br />and an accounting of all activity conducted through the 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 Your registration application or via posting on <br />the Site. Notice will be deemed to have been provided 24 hours after the e-mail was transmitted by Public <br />Processing 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 further <br />agree to the exercise of personal jurisdiction in the State of Florida in connection with any dispute or claim <br />involving Public Processing. <br />
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