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25J - AGMT - E-PROCUREMENT SYS
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25J - AGMT - E-PROCUREMENT SYS
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Last modified
8/11/2016 4:46:46 PM
Creation date
8/11/2016 3:59:02 PM
Metadata
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25J
Date
8/16/2016
Destruction Year
2021
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3, Use of Services. <br />a) PlanetBids is not responsible for the content and /or transactions on Customer's <br />website. Notwithstanding the foregoing, PlanetBids reserves the right to monitor content that <br />uses the Services and to remove content which PlanetBids determines to be illegal, offensive, <br />harmful or otherwise in violation of its operating policies and terminate this Agreement. <br />1) PlanetBids shall have the right to impose from time to time reasonable <br />rules and regulations regarding the use of the Services. Customer agrees to comply <br />with all such rules and regulations and with applicable laws, ordinances and regulations <br />related to the use of Services; and not make any unauthorized commercial use of the <br />Services or of the PlanetBids name, marks or logos. Further, Customer agrees to not <br />use the PlanetBids websites to (i) post information anonymously or under a false name; <br />(ii) post any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, <br />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 (1) 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 />G) 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 />4 <br />©2000 -2016 PlanetBids, Inc, (818) 992 -1771 <br />25J -8 <br />
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