21st Drug Task Force, TN - The FREE Government Online Auction

21st Judicial District Drug Task Force Franklin, TN (615)790-2691

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May. 09, 2008


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Terms and Conditions

	21st Judicial District Drug Task Force Auction Site - Public State Auction YOUR USER AGREEMENT The following describes the terms on which Public State Auction (hereinafter “PSA”) offers you access to our services. Introduction By using the services available from PSA, you are agreeing to the following terms and conditions. Before you may become a member of PSA, you must read and accept all of the terms and conditions in this User Agreement. This Agreement is effective on January 1, 2006. Using PSA This site acts as a conduit for the 21st Drug Task Force to conduct auctions and for bidders (buyers) participate in those auctions. Each auction may have its own auction rules and regulations, which may be subject to state and local ordinances. If you spot a listing that you feel is violating the general terms and conditions of this website as stated below or if you believe your rights have been violated as an user in any manner, please let us know by contacting us at auction @ drugtaskforce.net Your Conduct While using this Site you will: (a) remain solely responsible for the contents of your actions; (b) act in a truthful and accurate manner in all times; (c) ensure that you are entitled to sell or buy the relevant item, i.e. that you are not prohibited from doing so by any legal means; and (d) agree to be bound by the conditions and special instructions of each auction and complete the transaction if you are the high bidder. While using this Site you will not: (a) violate any applicable laws, ordinance or regulations (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (b) act in a misleading manner; (c) infringe any copyright, patent, trademark, trade secret, or other proprietary rights or rights of privacy; (d) post information, comments and/or products that are defamatory, trade libelous, obscene, pornographic and/or unlawfully threatening or harassing, and (e) create liability for us through your actions. Access and Interference You agree that you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or excessively large load on our servers or networks. You also agree that you shall not perform the following functions: (a) copy, reproduce, modify, create derivative works from, distribute, or publicly display information from the Site without our prior written expressed permission and/or the permission of the appropriate third party, if applicable; (b) post any information on the Site that contains any viruses, Trojan horses, worms, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information from PNA systems or those of its users; (c) link directly or indirectly to sites or organizations in direct or indirect competition with PSA; (d) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission; and (e) use any device, software, or routine to interfere or attempt to interfere with the proper working of our site or any auction being conducted on our site. Membership Membership to PSA is only available to those who can form a legally binding contract and have not been suspended or barred from this site. This website does not permit minors (under 18) to register. Registering using false or misleading information will be considered an act of interference with business and/or interstate commerce and may be prosecuted under applicable laws. Any violation of the rules and regulations of the terms and conditions of the Site will be viewed as a breach of your User Agreement and the account will be terminated immediately without any type of prior notice. Bidding on an item or bidding on multiple items and causing disruption to the process and/or not completing transactions will be considered an act of fraud and may be prosecuted to the fullest extent of the law. We maintain the right to refuse service to any person at anytime. Without limiting our other remedies, we may limit, suspend, or terminate our service and account, prohibit access to our website, remove hosted content, and take technical steps to keep users off the Site if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. Immediate termination, without notice, may result from the following actions: (a) We believe that you are not abiding by the general rules of this website; (b) You have repeatedly broken a certain term of your User Agreement; (c) You have listed a suspicious item, defined according to our discretion; (d) We believe you are a non-paying bidder; and (e) We have discovered that you do not have the ability to form legally binding contracts under applicable law or that you have been barred or suspended by PSA. Fees and Services There are no fees for registering as a bidder and bidding on this PSA site. There are no buyer premiums charged to the buyer by PSA for winning bids. If, however, you bid on item and are the successful bidder and do not purchase same, you may be, at our sole discretion, assessed a service fee equal to 50% of your successful bid price, and, at our discretion, further be subject to a warning or, be barred and prohibited from using the PSA on-line auction service in the future. You are not obligated to complete a transaction that is in violation of this Agreement or unlawful. In the event you are in default under this Agreement, we may specifically enforce the Agreement, and may, in addition to any other right under the law, bring suit to collect any fee due us under the terms of this Agreement. In the event an attorney is retained to enforce our rights under the Agreement, you will be responsible for paying attorney's fees, court costs and any other reasonable fee associated with such action. Liability The operation of the PSA site is dependent upon numerous factors outside our control and we do not guarantee its continuous, uninterrupted, or secure operation. While PSA registers users and buyers, it cannot authenticate identities and does not accept responsibility for misrepresentations. PNA does not control the information provided by users that is made available through our system and accepts no responsibility for its accuracy. PSA shall not be responsible for any items sold by sellers, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. PSA shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained. PSA assumes no liability for the content of any listing on this site. We are not involved in the actual transaction between buyers and sellers. We do not transfer legal ownership of items from the seller to the buyer. As a result, we have no control over the quantity, quality, safety or legality of neither the items listed nor the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that any transaction will actually be completed. Warranty PSA SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We are not liable for any loss of money, goodwill, or reputation, or any special or consequential damages arising out of your use of our Site. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state. Regardless of the limits on warranty or liability, if we are found to be liable, our liability is limited to the greater of (a) the total fees you paid to us in the twelve (12) months prior to the incident giving rise to the liability, and (b) $100. Release All actual transactions take place between the bidder and the seller, and PSA is not a party to the transaction. You release PSA its members, officers, employees, agents, affiliates, successors and assigns and any other parties associated with PSA (collectively, the “Releasees”) from any and all claims, including claims for attorney’s fees and expenses, demands, damages, actions, causes of actions, suits of any kind and liabilities (collectively, the “Claims”) of every kind and nature, known and unknown, that may result from your use of our services, software or applications. Indemnity You agree to indemnify, defend and hold harmless the Releasees from and against any and all debts, liabilities, obligations, claims, suits, judgments, damages, expenses, including attorney’s fees, and demands, made or incurred by any third party arising out of your breach or alleged breach of this agreement or your violation or alleged violation of any applicable law or any rights of a third party. Resolution of Disputes If a dispute arises between you and PSA it is our goal to provide you with a neutral and effective means of resolving the dispute quickly. Accordingly, you agree that PSA may resolve any claim or controversy at law or equity that arises in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first seek a resolution by contacting us at auction @ drugtaskforce.net. Law and Forum for Disputes: This Agreement shall be governed in all respects by the laws of the State of Tennessee as they apply to agreement entered into and to be performed within Tennessee between Tennessee residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against PSA, must be resolved by a court in Williamson County, Tennessee, except as otherwise agreed by the parties or as determined within the Arbitration Option below. You agree to submit to the personal jurisdiction of the courts located within Williamson County, Tennessee, for the purpose of litigating all claims and/or disputes. Arbitration Option: For any claim where the total amount of the award sought is less than $10,000, the parties may elect to resolve the dispute in a cost effective manner through binding non-appearance arbitration. In the event a party elects arbitration, they shall initiate such arbitration through clearly established alternative dispute resolution ("ADR") rules and regulations as established by the Tennessee Rules of Civil Procedure. The ADR provider and the parties must comply with the following rules: a) the arbitration may be conducted by telephone and/or be solely based on written submissions; b) the arbitration shall not be subject to any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Improperly Filed Claims All claims brought against PSA, must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to such Section shall be considered improperly filed. Should you file a claim contrary to such Section, Team Kimble, LLC, may recover attorneys' fees and costs for defending the improperly filed claim. Consent to Receive PSA Emails You consent to allow PSA system to send future e-mails to you of auction items that PSA, in its sole judgment, believes may interest you. Any such e-mails to you (a) shall be clearly identified as sent by PNA; (b) shall clearly and conspicuously display a return e-mail address to enable you to reply to PSA; or (c) you may contact us in writing at admin@publicnoticeauction.com if you choose not to receive such e-mail correspondence from PSA. We are not responsible for emails not received by the user from the PSA system before, during and after auctions Exclusivity, Confidentiality The proprietary Internet based auction system, environment and components ("the System") provided by PSA under this Agreement are and will remain the exclusive property of PSA. PSA retains and reserves all right to the proprietary, intellectual property, including, but not limited to, all copyrights and trademarks, of and to the System. We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. Non-Waiver PSA failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of PSA’s right to subsequently enforce such provision or any other provisions of this Agreement. Severability If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the enforceability of any remaining provisions. Headings Headings are for reference purposes only and in no way affect the interpretation of this Agreement. Binding Effect This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Any warranties, covenants and representations of the parties shall survive termination of the Agreement. General Provisions This Agreement and the general terms and conditions set forth, constitutes the entire agreement with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous claims, representations and understandings of the parties with regard to the subject matter hereof. We may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall be effective thirty (30) days after the date the information was posted on the Site.
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