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placed on our Site, in the terms and conditions section of the Site, or any other section where they may <br />appear. <br />2. SELLER UNDERSTANDINGS AND OBLIGATIONS <br />In listing or offering items for sale on our Site or otherwise accessing our Site and Services in any way, <br />You 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 immediately available for pickup and/or shipment. <br />2.2. Deposits. We reserve the right to require an earnest money deposit prior to or during the listing on <br />certain items at our sole discretion. Any such deposits will be retained and applied in Public Surplus' <br />discretion. <br />2.3. Legal Compliance. You will comply with all applicable laws, statutes, ordinances and regulations <br />regarding Your use of our 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 our Site, and <br />not completing transactions will be considered in most jurisdictions as fraud and may be prosecuted to <br />the fullest extent of the law. <br />3. PAYMENT PROCESSING SERVICES <br />3.1. Payment Processing Services Under Separate Agreement with Affiliate. In the event that You elect <br />to have Our affiliate, Public Processing, LLC, a Nevada limited liability company ("Public Processing'), <br />receive and process on Your behalf payments made by Buyers (the "Processing Services"), You agree to <br />the provisions set forth in this Agreement and in a separate agreement with Public Processing. <br />4. LIABILITY LIMITATIONS AND RELEASES <br />4.1. Absence of Liability. You will not hold Public Surplus responsible for actions or inactions of Buyers or <br />other users, including the failure of a Buyer to take delivery or make payment for an item. You <br />acknowledge that We are not a traditional auctioneer and We are not the Buyer of property sold <br />through our Site. Instead, the Site provides a marketplace for users to offer, sell, and buy items of all <br />kinds in a variety of pricing formats and venues. We are not involved in the actual transaction between <br />You and Buyers. We have no control over and do not guarantee such things as the quality, safety or <br />legality of items advertised, the truth or accuracy of listings, the ability of Buyers to purchase and make <br />payment for items, or the completion of a sale by You, even upon a successful bidding and acceptance <br />process. Without limitation of the generality of the foregoing, We will not be liable for lost profits or any <br />special, incidental or consequential damages arising out of or in connection with the Site, our Services, <br />or this Agreement. <br />4.2. Disclaimer of Warranties. THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, <br />MATERIALS, AND INFORMATION ON OR ACCESSED THROUGH THE SITE OR SERVICES, ARE PROVIDED ON <br />AN "AS IS," "AS AVAILABLE" BASIS. PUBLIC SURPLUS DISCLAIMS ANY WARRANTIES OF ANY KIND, <br />EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF <br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT, DATA ACCURACY, <br />SYSTEM INTEGRATION, OR QUIET ENJOYMENT. PUBLIC SURPLUS DOES NOT WARRANT THAT THE <br />SERVICES, FUNCTIONS, FEATURES OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, <br />15 <br />