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25D - AGMT - E-PROCUREMENT SERVICES
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25D - AGMT - E-PROCUREMENT SERVICES
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Last modified
8/1/2013 10:50:59 AM
Creation date
8/1/2013 9:35:53 AM
Metadata
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
25D
Date
8/5/2013
Destruction Year
2018
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pornographic, profane or otherwise objectionable information of any kind, such as <br />inducements to conduct that would constitute a criminal offense or give rise to civil or <br />other liability, (iii) post the name of or otherwise identify or reference any service or <br />entity that provides a service competitive to the Services. <br />2) If Customer uses standard identification codes, PlanetBids shall have the <br />right to request for inspection an original copy of such codes and any necessary <br />authorizations for use. If such identification codes are proprietary codes of third parties, <br />such as NIGP, SIC or CSI, it shall be the responsibility of Customer to obtain the <br />necessary licenses and Customer indemnifies and holds harmless PlanetBids from the <br />unauthorized use or publication of any such identification codes with respect to the <br />Services. <br />3) Customer represents and warrants (a) the Customer information provided <br />is current, complete and accurate, (b) that the person signing this Agreement is <br />authorized to bind Customer, (c) Customer will update the information (including credit <br />card information, if applicable) as required to keep such information current, complete <br />and accurate. PlanetBids may, in its sole discretion, cancel or terminate this Agreement <br />if Customer has willfully violated its obligations hereunder. <br />4) In addition, Customer agrees to use information obtained through the <br />Services only as necessary to the transaction of Customer and shall not use the <br />Services for the benefit of any third party. <br />5) It shall be the responsibility of Customer to collect and pay any taxes, <br />duties, imposts or tariffs that are applicable to sales via the Services. <br />b) It is the responsibility of the Customer to (i) pre-qualify all bidding participants in a <br />Reverse Auction, and (ii) limit access to the Services so that only Customer authorized <br />personnel have the capability of activating the Reverse Auction feature and/or conducting <br />Reverse Auctions. "Open to the Public" Reverse Auctions on Customer's website are not <br />permitted. PlanetBids shall have no obligation or involvement in the conduct of any Reverse <br />Auction or responsibility for verifying that the users are authorized by Customer to conduct such <br />transactions. <br />C) THE SERVICES ARE PROVIDED "AS IS." PLANETBIDS MAKES NO <br />WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED <br />WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR <br />NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS, <br />EVEN IF PLANETBIDS HAS BEEN MADE AWARE IN ADVANCE OF SUCH POTENTIAL <br />RISK. FURTHER, PLANETBIDS DOES NOT WARRANT OR MAKE ANY <br />REPRESENTATIONS REGARDING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY <br />OF THE USE OF THE SERVICES OR SITES LINKED THERETO. <br />d) PlanetBids does not at any time come into possession of the products or services <br />acquired through the Services and is not aware of the specific use to which those items will be <br />put. In using the Services, Customer hereby releases, indemnifies, and holds harmless <br />PlanetBids and its agents, employees, and affiliates harmless from all claims, demands, costs <br />and damages (actual and consequential) of every kind and nature arising out of, or in any way <br />connected with, Bid Requests and uncompleted or completed transactions related to the <br />Services. <br />4 <br />©2000-2013 PlanetBids, Inc (818) 992-1771 <br />Confidential & Proprietary, R15914-10 <br />"For Government Review Only. Exempt from Release UZWeegn of Information ACT ("FOIA") pursuant to 5 USC 552 (b) (4)"
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