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25J - AGMT - E-PROCUREMENT SYS
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08/16/2016
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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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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25J
Date
8/16/2016
Destruction Year
2021
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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. Confidentiality. PlanetBids will take reasonable measures not to disclose website <br />communications or information about its Customers, except to the extent that PlanetBids <br />believes in good faith that such action is within the scope of the Services or reasonably <br />necessary to (a) comply with the law or the directives of courts or governmental agencies; (b) <br />enforce this Agreement; (c) respond to claims of any third party; or (d) protect the legitimate <br />Interests of PlanetBids or its customers. Notwithstanding the foregoing, all, communications <br />directed to PlanetBids via the website such as questions, comments, inquiries, shall be deemed <br />to be not confidential, unless specifically agreed otherwise in advance by PlanetBids. Further, <br />PlanetBids will have the right to use any Customer's name in connection with the advertising or <br />promotion of the Services. <br />5, Copyright Protection. The PB SystemTm and all materials appearing on the PlanetBids <br />website are protected by worldwide copyright laws and related international treaties. None of <br />the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or <br />distributed in any form or by any means other than as described herein. All rights not expressly <br />granted herein are reserved. Any unauthorized use of the materials appearing on PlanetBids <br />website may violate copyright, trademark and other applicable laws and could result in criminal <br />or civil penalties. <br />a) Customer shall not reproduce, duplicate, copy, sell, resell or exploit for any <br />commercial purpose the Services, website content, the PB Systern7m or any other PlanetBids <br />tools. Customer shall not reverse engineer, decompile, or otherwise attempt to derive source <br />code from any software or tools accessible or available through the Services. <br />b) Special use requests should be sent to customerservicep_PlanetBids .cam. <br />Permission to use shall be granted in the sole discretion of PlanetBids. <br />6. Security. <br />(a) The PlanetBids ordering and posting processes are protected by the Secure <br />Sockets Layer (SSL) protocol, which encrypts your Information and confirms the identity of the <br />PlanetBids server before allowing a transaction to be completed. Firefox 3.5+ (or better) and <br />Internet Explorer 8.0+ (or better) support the SSL protocol are acceptable, but we recommend <br />that you use the latest browsers to ensure that you are protected by advances in security <br />technology. For more detailed information, please refer to the PlanetBids Privacy Policy. <br />(b) Password- protection techniques will be provided to restrict access under <br />Customer's account to authorized individuals. REGISTRANT ACKNOWLEDGES, HOWEVER, <br />THAT ACCESS RESTRICTIONS, BY THEIR NATURE, ARE CAPABLE OF BYPASS AND <br />PLANETBIDS DOES NOT GUARANTEE THAT THE SERVICES CANNOT BE ACCESSED BY <br />UNAUTHORIZED PERSONS. Customer shall at all times maintain as confidential its user <br />©2000 -2016 PlanetBids, Inc. (818) 992 -1771 <br />25J -9 <br />
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