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Terms & Conditions

Buyer Agreement
This Buyer agreement is a contract between you ("you" or "your") and WasteBuySell.com, a Nebraska limited liability company ("WasteBuySell.com", "We" or "Us"), and governs your use of WasteBuySell.com and related websites (collectively, the "Site") and the services provided through the Site and otherwise (the "Services"). As a condition to accessing and using the Site and Services,WasteBuySell requires that you review and accept this agreement.
BY REGISTERING TO USE THE SITE AND THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH WasteBuySell.com. IF YOU DO NOT AGREE TO ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR OTHERWISE USE THE SERVICES OR THE SITE.

1. BIDDING AND PURCHASING
1.1. Eligibility. You may only use our Services if you are at least 18 years of age, are mentally competent, and can form legally binding contracts under applicable law.

1.1A Payment for Assets Under a Listing Contract.

Payment Instructions. A Listing sets the instructions on payment and transaction settlement. In some cases, Seller engages WasteBuySell.com to handle invoicing, receive payment on behalf of Seller and otherwise handle the mechanics of transaction settlement. In other cases, Seller receives payment and transaction settlement directly. If no payment instructions are set in the Listing, payment in full should be made to WasteBuySell.com as an agent on behalf of the Seller.
Payment in Full.For a Buyer to make payment in full, such Buyer must pay the applicable winning bid or hammer price, any applicable taxes, Buyer’s Premium and any additional fees as described in the Listing or amounts otherwise owed by Buyer or WasteBuySell.com with respect to its account with .WasteBuySell.com. Generally, a Buyer’s Premium is required and is typically expressed as a percentage of the sale price to compensate WasteBuySell.com for providing the Services. To the extent Buyer owed WasteBuySell.com for any fees for Services provided to the Buyer, those fees must be paid as well.
Currency of Payment.Payment shall be made in the currency specified on the relevant Listing. If currency is not specified, the default currency will be U.S Dollars. Any bank charges in respect of conversion or transfer of monies shall be borne by Buyer in respect of bids.
State/Local Sales and/or Use Tax. Buyers may be subject to sales, use and/or value-added taxes. Buyers are responsible for contacting Service@wastebuysell.com or the appropriate tax authority office, completing any requisite forms and paying any taxes that may be imposed. Buyers must provide any applicable tax exemption documents (for example, exemption from sales tax as a registered reseller) to WasteBuySell.com at the latest within 24 hours after notice to Buyer that it has been selected by Seller as Buyer.
Method of Payment.Unless otherwise permitted by WasteBuySell.com, payment shall be made via bank wire transfer. Cash payments are not permitted. ,WasteBuySell.com in its sole discretion, may permit Buyer to pay via credit card if payment in full is less than current limit set forth on the Site. WasteBuySell.com reserves the right to restrict certain Buyers from using credit cards. No charges will be made to the credit card until the bid or offer to purchase has been accepted by Seller. WasteBuySell.com reserves the right to charge a $25.00 fee for any rejected credit card transaction.
No Third-Party Funds.Except with a cashier’s check or money order from a financial institution or as otherwise approved by WasteBuySell.com in advance in writing, all funds must come from Buyer (or in the case of a legal entity, an affiliate, parent or subsidiary of Buyer) and WasteBuySell.com will not accept third-party funds of any kind.
Charge-Backs.In the event of a Charge-Back, WasteBuySell.com may, in its sole discretion, immediately and permanently deactivate a Buyer’s account. If Buyer performs a Charge-Back after receiving the Assets, Seller or WasteBuySell.com may file charges with the appropriate law enforcement agency and Seller and WasteBuySell.com each reserve the right to pursue all remedies available to Seller or WasteBuySell.com to recover any incurred damages.
Holds. WasteBuySell.com reserves the right to restrict access to funds in a Seller account based on certain factors, including, but not limited to, Transaction history, performance, riskiness of the Listing category, government inquiry or investigation, an alleged claim or WasteBuySell.com’ investigation of an alleged breach of this Agreement or a breach by the Seller of its agreement withWasteBuySell.com, or a dispute.

1.2. Buyer Affirmations in Connection with Bids or Purchases. In using our Site and Services, you agree as follows:

(a) No contingency to your bid exists other than those stated in the listing at the time of sale.

(b) You may not retract, modify or amend a bid without prior approval by the Seller.

(c) You will be financially responsible for any bids placed using your username and password.

(d) You are capable of removing the property from its location within the required time frame.

(e) You have or can readily obtain the Trade Security Control (TSC) clearance to buy any property that requires a clearance.

(f) You are a real person or entity, with a verifiable address, telephone number and email address as provided to us.

(g) You are dealing in good faith and are not attempting to defraud, cheat, or wrong WasteBuySell.com or any Seller.

(h) You have inspected every item prior to placing a bid or you waive the need for inspection.

(i) Except as otherwise stated in writing by the Seller on the Site, you understand that all items are sold "as is, where is" without warranty.

1.3. Accuracy and Nature of Your Information. You are solely responsible for all information you provide to us or other users on our Site ("Your Information"). We act as a passive conduit for the online distribution and publication of Your Information. You agree that Your Information (i) will not be false, inaccurate, or misleading; (ii) will not violate any law, statute, ordinance or regulation; and (iii) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing.

1.4. Fees. WasteBuySell.com charges no fees for you to register to make bids or purchases on the Site. However, if you bid on an item, are the successful bidder, and do not purchase the item, you may, at our option, be assessed a service fee taken from your credit card used to register on WasteBuySell.com in the amount of up to 5 % of your successful bid price, not to exceed $ 5,000. Other fees apply for other Services as shown on the Site. Our fees may change from time to time. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

1.5. No Disruption to Our Site or Services. You agree not to attempt any action that might disrupt our Site or our Services. Among other things, you agree that (i) Your Information and all other input on our Site will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other software, devices, files or routines that might damage, interfere with, copy, intercept or expropriate any system, data or personal information; (ii) You will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers or other vendors; (iii) You will not use our Site to obtain e-mail addresses for bulk e-mail solicitations or otherwise; (iv) You will not reverse engineer any of our Services, programs, or infrastructure; (v) You will not 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 (vi) You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

1.6.User Password. Upon the approval of your registration, you will select a username and a password. You agree that you are solely responsible for preserving the confidentiality of your username and your password and all activities and charges related to the use of your password, including unauthorized use. You agree not to furnish your username, password or other information to any other party for use of the Site and the Services. You agree to notify WasteBuySell.com immediately of any unauthorized use of your personal password or username and any other breach of security regarding the Services.

1.7. Consent to E-Mail Correspondence from WasteBuySell.com. You hereby agree that we may send future correspondence to you via electronic mail ("e-mail") that notifies you of auction items that we believe might interest you. Any e-mail correspondence to you (i) shall be clearly and conspicuously identified as sent by WasteBuySell.com; and (ii) shall clearly and conspicuously display a functioning return e-mail address to enable you to reply to WasteBuySell.

1.8. Electronic Signature. Prospective bidders are notified by this statement that your consent to these terms and conditions by checking the box indicating your agreement to be bound to these terms, meets the requirements of Section 101(c) (1) (C) (ii), the Consumer Consent Provision, of the Electronic Signatures in Global and National Commerce Act (ESIGN). You may print these terms and conditions, but they are subject to change by us. Changes to the terms and conditions will be effective from the time they are placed on our web site, in the terms and conditions section of the site, or any other section where they might appear.

2. BUYER UNDERSTANDINGS AND OBLIGATIONS
In bidding or purchasing items on our Site or otherwise accessing our Site and Services in any way, you represent, warrant and agree to the following:
2.1. Payment and Shipment. At the close of an auction in which you have a winning bid, you agree to make immediate payment for the total amount due, including the stated Buyer's Premium, shipping costs and all duties and taxes if applicable, using payment methods provided by WasteBuySell.com . As a winning bidder, you also will make immediate arrangements to take delivery of the goods. Items must be picked up within 10 days of winning item.

Buyer’s Responsibility Starts at Time Buyer Commences Removal. Unless otherwise agreed to in writing between Seller and Buyer, Buyer is responsible for the removal, loading, transportation, export, import, unloading, and, if applicable, reassembly or start-up of the Assets. Absent the express written agreement of Seller, Seller will not perform the role of shipper or exporter.
2.2. Deposits. We reserve the right to require an earnest money deposit prior to or during bidding on certain items at our sole discretion or at the discretion of the Seller. Any such deposits from you will be retained and applied to the pending invoice or to any past due balances owed by you. Any deposits taken from non-winning bidders will be returned.
2.3. Failure to Complete Purchase. If you fail to complete a purchase of property for which you submitted a winning bid, you agree to any and all of the following remedies:

(a) you will be required to pay a fee up to 5% of the won item and/ or up to $5,000.00 of the successful bid price redeemed from your credit card on file from registration,

(b) you may be required through specific performance to complete the purchase and/or you may be sued for damages;

(c) your access to our Site and Services may be suspended or terminated;

(d) the Seller may sell or otherwise dispose of the property and charge all losses and expenses incidental thereto to you after 5 days of the completed auction;

(e) any bid deposit will be immediately forfeited and applied against any such losses, expenses, penalties, and fees; and

(f) if you refuse shipment or delivery upon arrival to the location specified, you will be responsible for the associated shipping charges.

2.4. Legal Compliance. You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Services. Bidding on an asset with the intent not to complete the transaction or bidding on multiple assets causing disruption to the process and not completing the transactions will be considered in most jurisdictions as fraud and may be prosecuted to the fullest extent of the law.

3. LIABILITY LIMITATIONS AND RELEASES

3.1. Absence of Liability. You will not hold WasteBuySell.com responsible for actions or inactions of Sellers or other users, including the quality or condition of property or the information posted. You acknowledge that we are not a traditional auctioneer and we are not the Seller of property sold through our Site. Instead, the Site provides a marketplace for users to offer, sell, and buy items of all kinds in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between you and Sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of Sellers to sell items, or the actual completion of a sale to you, even upon a successful bid by you.

3.2. Disclaimer of Warranties. THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION ON OR ACCESSED THROUGH THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. WasteBuySell.com DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT. WasteBuySell.com DOES NOT WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WasteBuySell.com MAKES NO WARRANTY THAT THE LISTED ASSETS, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING THE LISTED ASSETS, THE LISTED ASSETS WILL BE SOLD. PUBLIC SURPLUS MAKES NO WARRANTY OF ANY KIND REGARDING ANY LISTED ASSETS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. WasteBuySell.com EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY LISTED ASSETS SOLD ON OR THROUGH THE SITE OR THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY SELLER OR OTHER USER.

3.3. Interruption of Service. WasteBuySell.com is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any bids, auctions, or sales. You understand and acknowledge that the Site and our Services might be unavailable unexpectedly.

3.4. Third Party Links. The Site might contain links to other websites or resources for your convenience in locating related information and services. You acknowledge and agree that WasteBuySell.com is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that WasteBuySell.com endorses the linked site. You use the links at your own risk.

3.5. Release. If you have a dispute with a Seller or any other Buyer or user of our Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Â§1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

3.6. Resolution of Disputes by Arbitration. You shall resolve any dispute or claim involving WasteBuySell.com Through binding arbitration and not in court. Arbitration will be conducted by

or reduced to practice or writing or otherwise relating in any way to the Site or the Services are the intellectual property of WasteBuySell.com(the "WasteBuySell.com"). In addition, all content contained on the Site is WasteBuySell.com that is copyrighted material, and WasteBuySell.com retains and reserves all rights in the content. WasteBuySell.com might be created by one of more of 'WasteBuySell.com employee(s) alone or jointly with a user or users of the Site or Services arising from the users' use and development of the Services or as a result of feedback regarding the Site or Services ("Feedback"). All right, title and interest in any WasteBuySell.com IP will belong to WasteBuySell.com and will be subject to the conditions of this agreement. You hereby irrevocably assign toWasteBuySell.com all right, title and interest you might acquire in an WasteBuySell.com IP. WasteBuySell.com may, at its option, file an application for intellectual property protection for WasteBuySell.com IP. If any such WasteBuySell.com IP is created with your participation or Feedback, you agree to cooperate with WasteBuySell.com to assure that such application(s) will cover, to the best of your knowledge, all related assets, including all features of commercial interest and importance. WasteBuySell.com IP is the sole and exclusive property of WasteBuySell.com and may not be used, copied, modified, published, transmitted, distributed, displayed, or sold without the prior written consent of WasteBuySell.com.
6.9. Copyrights. The Site might contain copyrighted, trademarked, or other proprietary materials that belong to third parties and are used with the owner's permission. You agree not to copy, modify, distribute, or create any derivative work from such materials without prior written consent from the owner. You will indemnify and hold Us harmless, as provided for previously in this agreement, from any claim or demand made by a third party due to or arising out of your violation of any law or rights of a third party.
6.10. Trademarks. The Site and WasteBuySell.com' tradenames, domain names and logos found on the Site are trademarks or service marks of WasteBuySell.com. No display or use of such marks may be made without the express written permission of WasteBuySell.com.
6.11. Assignment. This agreement may not be assigned by you or by operation of law to any other person, persons, firms or corporations without the express written approval of WasteBuySell.com. However, you agree that this agreement and all incorporated agreements may be assigned by to any party. This agreement and all incorporated agreements may be automatically assigned by WasteBuySell.com , in our sole discretion, to a third party in the event of a merger or acquisition.

6.12. Entire Agreement. This agreement constitutes the entire agreement between you and ,WasteBuySell.com and supersedes any previous agreements, whether oral or in writing, between you and WasteBuySell.com .WasteBuySell.com may, at its sole discretion, remove or change any aspect of this agreement at any time by providing notice to you.
6.13. Survival. The warranties, covenants and representations of the parties to this agreement will survive termination of the agreement.
6.14. Headings. Headings are for reference purposes only and in no way affect the interpretation of this agreement.

SELLER AGREEMENT

WasteBuySell.com LLC a Nebraska limited liability company that sometimes does business as "WasteBuySell.com " ("WasteBuySell.com", "We" "Us"), provides online bid boards, auctions and stores and facilitates other online transactions on WasteBuySell.com and other websites (collectively, the "Site") for Waste Industry Professionals and others ("Sellers" or "You") to sell surplus Waste Equipment/ goods and other property and assets to buyers of all types ("Buyers"). As a condition to accessing and using the Site and receiving the benefit of WasteBuySell.com ' services provided through the Site and otherwise (the "Services"), WasteBuySell.com requires that You review and accept this Seller Agreement (this "Agreement").

BY REGISTERING TO USE THE SITE AND THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH.WasteBuySell.com IF YOU DO NOT AGREE TO ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR OTHERWISE USE THE SERVICES OR THE SITE. YOU AGREE THAT YOU HAVE RECEIVED GOOD AND VALUABLE CONSIDERATION IN EXCHANGE FOR ENTERING INTO THIS AGREEMENT.

1. ACCESSING OUR SITE AND USING OUR SERVICES

1.1. Eligibility. You may only use our Services if You are at least 18 years of age, are mentally competent, and can form legally binding contracts under applicable law. You may not assign or transfer Your account or user identification to any other party.

1.1A Payment for Assets Under a Listing Contract.

Payment Instructions. A Listing sets the instructions on payment and transaction settlement. In some cases, Seller engages WasteBuySell.com to handle invoicing, receive payment on behalf of Seller and otherwise handle the mechanics of transaction settlement. In other cases, Seller receives payment and transaction settlement directly. If no payment instructions are set in the Listing, payment in full should be made to WasteBuySell.com as an agent on behalf of the Seller.
Payment in Full. For a Buyer to make payment in full, such Buyer must pay the applicable winning bid or hammer price, any applicable taxes, Buyer’s Premium and any additional fees as described in the Listing or amounts otherwise owed by Buyer or WasteBuySell.com with respect to its account with .WasteBuySell.com. Generally, a Buyer’s Premium is required and is typically expressed as a percentage of the sale price to compensate WasteBuySell.com for providing the Services. To the extent Buyer owed WasteBuySell.com for any fees for Services provided to the Buyer, those fees must be paid as well.
Currency of Payment. Payment shall be made in the currency specified on the relevant Listing. If currency is not specified, the default currency will be U.S Dollars. Any bank charges in respect of conversion or transfer of monies shall be borne by Buyer in respect of bids.
State/Local Sales and/or Use Tax. Buyers may be subject to sales, use and/or value-added taxes. Buyers are responsible for contacting Service@wastebuysell.com or the appropriate tax authority office, completing any requisite forms and paying any taxes that may be imposed. Buyers must provide any applicable tax exemption documents (for example, exemption from sales tax as a registered reseller) to WasteBuySell.com at the latest within 24 hours after notice to Buyer that it has been selected by Seller as Buyer.
Method of Payment.Unless otherwise permitted by WasteBuySell.com, payment shall be made via bank wire transfer. Cash payments are not permitted. WasteBuySell.com in its sole discretion, may permit Buyer to pay via credit card if payment in full is less than current limit set forth on the Site. WasteBuySell.com reserves the right to restrict certain Buyers from using credit cards. No charges will be made to the credit card until the bid or offer to purchase has been accepted by Seller. WasteBuySell.com reserves the right to charge a $25.00 fee for any rejected credit card transaction.
No Third-Party Funds. Except with a cashier’s check or money order from a financial institution or as otherwise approved by WasteBuySell.com in advance in writing, all funds must come from Buyer (or in the case of a legal entity, an affiliate, parent or subsidiary of Buyer) and WasteBuySell.com will not accept third-party funds of any kind.
Charge-Backs. In the event of a Charge-Back, WasteBuySell.com may, in its sole discretion, immediately and permanently deactivate a Buyer’s account. If Buyer performs a Charge-Back after receiving the Assets, Seller or WasteBuySell.com may file charges with the appropriate law enforcement agency and Seller and WasteBuySell.com each reserve the right to pursue all remedies available to Seller or WasteBuySell.com to recover any incurred damages.
Holds. WasteBuySell.com reserves the right to restrict access to funds in a Seller account based on certain factors, including, but not limited to, Transaction history, performance, riskiness of the Listing category, government inquiry or investigation, an alleged claim or WasteBuySell.com’ investigation of an alleged breach of this Agreement or a breach by the Seller of its agreement withWasteBuySell.com, or a dispute.

1.2. Seller Affirmations in Connection with Offers and Sales..

In using our Site and Services, You agree as follows:

(a) No contingency to Your sales offer exists other than those stated in the listing at the time of sale.

(b) You will be responsible for delivering property sold using Your username and password.

(c) You are fully capable of transferring title to the property offered for sale in a timely manner.

(d) You are a real person or entity, with a verifiable address, telephone number and email address as provided to Us.

(e) You are dealing in good faith and are not attempting to defraud, cheat, or wrong WasteBuySell.com or any Buyer.

1.3. Accuracy and Nature of Your Information. You are solely responsible for all information You provide to Us or other users on our Site ("Your Information"). We act as a passive conduit for the online distribution and publication of Your Information. You agree that Your Information (i) will not be false, inaccurate, or misleading; (ii) will not violate any law, statute, ordinance or regulation; and (iii) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing. In providing Your Information, You grant to Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use and exercise the copyright, publicity, and database rights You have in Your Information for purposes of facilitating the communications and transactions made through our Site.

1.4. Fees. WasteBuySell.com may charge a listing fee for You to register to list property for sale on the Site. However, You will owe a transaction fee for each sale through the Site. Other fees may apply for other Services as shown on the Site. Our fees may change from time to time. You are responsible for paying all fees and any applicable taxes associated with transactions effected through the Site in a timely manner and with a valid payment method. If Your payment method fails or Your account is past due, We may collect fees owed using other collection mechanisms.

1.5. You agree not to attempt any action that may disrupt our Site or our Services. Among other things, You agree that (i) Your Information and all other input on our Site will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other software, devices, files or routines that may damage, interfere with, copy, reproduce, intercept or expropriate any system, data or personal information; (ii) You will not create liability for Us or cause Us to lose (in whole or in part) the services of our Internet Service Providers or other vendors; (iii) You will not use our Site to obtain e-mail addresses for bulk e-mail solicitations or otherwise; (iv) You will not reverse engineer any of our Services, programs, or infrastructure; (v) You will not use any robot, spider, other automatic device, or manual process to monitor, copy or reproduce our web pages or the content contained herein without our prior express written permission; and (vi) You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

1.6. User Password. During the registration process, You will select a username and a password. You agree that You are solely responsible for preserving the confidentiality of Your username and Your password, and You will be responsible for all activities and charges related to the use of Your username and password, including unauthorized use. You agree not to furnish Your username, password or other information to any other party for use of the Site and the Services. You agree to notify WasteBuySell.com immediately of any unauthorized use of Your personal password or username and any other breach of security regarding the Services.

1.7. Obligation to Ensure Compliance with this Agreement. You agree that You will take all steps necessary to ensure that Your employees, contractors, and agents comply with the covenants, terms , and provisions of this Agreement, including but not limited to the covenants contained in sections 1.5 and 7.8 of this Agreement. You acknowledge that You will be responsible and liable for any damages, claims, liabilities, and expenses of any kind suffered by WasteBuySell.com or any and all actions or failures to act taken by any party using Your username and password or taken by Your employees, contractors, or agents, whether or not in accordance with the terms or intent of this Agreement.

1.8. Consent to E-Mail Correspondence from WasteBuySell.com. You hereby agree that We may send future correspondence to You via electronic mail ("e-mail") that notifies You of sales opportunities or other matters that We believe may interest You. Any e-mail correspondence to You (i) will be clearly and conspicuously identified as sent by WasteBuySell.com; and (ii) will clearly and conspicuously display a functioning return e-mail address to enable You to reply to WasteBuySell.com.

1.9. Electronic Signature. You are notified by this statement that Your consent to these terms and conditions by checking the box indicating Your agreement to be bound to these terms, meets the requirements of Section 101(c) (1) (C) (ii), the Consumer Consent Provision, of the Electronic Signatures in Global and National Commerce Act (ESIGN). You may print these terms and conditions, but they are subject to change by Us. Changes to the terms and conditions will be effective from the time they are placed on our Site, in the terms and conditions section of the Site, or any other section where they may appear.

2. SELLER UNDERSTANDINGS AND OBLIGATIONS

In listing or offering items for sale on our Site or otherwise accessing our Site and Services in any way, You represent, warrant and agree to the following:

2.1. Shipment. At the close of an auction in which You have a winning bidder, You agree to make the property immediately available for pickup and/or shipment.

2.2. Deposits. We reserve the right to require an earnest money deposit prior to or during the listing on certain items at our sole discretion. Any such deposits will be retained and applied in WasteBuySell.com's discretion.

2.3. Legal Compliance. You will comply with all applicable laws, statutes, ordinances and regulations regarding Your use of our Site and Services and the offer and sale of property. You hereby release Us from any liability arising out of Your breach of this provision. Offering property for sale with the intent not to complete the transaction, causing disruption to the sale process on our Site, and not completing transactions will be considered in most jurisdictions as fraud and may be prosecuted to the fullest extent of the law.

3. PAYMENT PROCESSING SERVICES

3.1. Payment Processing Services WasteBuySell.com collects funding from the buyer via wire transfer to WasteBuySell.com and WasteBuySell.com will hold Buyers funds wired to WasteBuySell.com. Once Buyer pickups item sold and all documents from the Seller and Buyer are returned to WasteBuySell.com the funds will be released within 14 days later to Buyer. This process insures that the sale was completedbetween buyer and seller and item was picked up.

4. LIABILITY LIMITATIONS AND RELEASES

4.1. Absence of Liability. You will not hold WasteBuySell.com responsible for actions or inactions of Buyers or other users, including the failure of a Buyer to take delivery or make payment for an item. You acknowledge that We are not a traditional auctioneer and We are not the Buyer of property sold through our Site. Instead, the Site provides a marketplace for users to offer, sell, and buy items of all kinds in a variety of pricing formats and venues. We are not involved in the actual transaction between You and Buyers. We have no control over and do not guarantee such things as the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of Buyers to purchase and make payment for items, or the completion of a sale by You, even upon a successful bidding and acceptance process. Without limitation of the generality of the foregoing, We will not be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our Services, or this Agreement.

4.2. Disclaimer of Warranties. THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, AND INFORMATION ON OR ACCESSED THROUGH THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. WasteBuySell.com DISCLAIMS ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT. WasteBuySell.com DOES NOT WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT WILL BE FUNCTIONAL, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WasteBuySell.com MAKES NO WARRANTY THAT SALES WILL BE COMPLETED THROUGH THE SITE OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, EXPRESSLY DISCLAIMS ANY WARRANTIES OR GUARANTEES THAT BY LISTING THE LISTED ASSETS, THE LISTED ASSETS WILL BE SOLD. WasteBuySell.com MAKES NO WARRANTY OF ANY KIND REGARDING ANY LISTED ASSETS OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. WasteBuySell.com EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY LISTED ASSETS SOLD ON OR THROUGH THE SITE OR THE SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY BUYER OR OTHER USER.

4.3. Interruption of Service. WasteBuySell.com is not responsible for any damages or losses related to any system errors or interruptions affecting its Site and the processing of any solicitations, requests, offers, bids, auctions, or sales. You understand and acknowledge that the Site and our Services may be unavailable unexpectedly.

4.4. Third Party Links. The Site may contain links to other websites or resources for Your convenience in locating related information and services. You acknowledge and agree that WasteBuySell.com is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that WasteBuySell.com endorses the linked site. You use the links at Your own risk.

4.5. Release. If You have a dispute with a Buyer or any other Seller or user of our Site, You release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You will settle all disputes with other users of our Site without our involvement, and We will have no liability whatsoever arising from communications made or transactions effected through our Site. If You are a California resident, You waive California Civil Code Â§1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

4.6. Indemnity. You agree to indemnify, defend and hold harmless WasteBuySell.com 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.

5. PRIVACY

We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent. We use Your information only as described in WasteBuySell.com' Privacy Policy. We view protection of privacy as a very important community principle. We store and process Your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information You provide Us. For a complete description of how We use and protect Your personal information, see WasteBuySell.com' Privacy Policy. If You object to Your Information being transferred or used in this way please do not use our services.

6. TERMINATION OR SUSPENSION

WasteBuySell.com reserves the right to suspend or terminate Your access to our Site and Services for any reason or no reason and without notice. Among other reasons, We may suspend or terminate Your access to our Services if (a) You breach any of the provisions of this Agreement; (b) We suspect that You have engaged in fraudulent activity of any kind in connection with our Site; (c) You manipulate the price of any item or interfere with another user's communications or transactions; (d) We are unable to verify or authenticate any information You provide to Us; or (e) We believe that Your actions may cause legal liability for You, our users or Us.

7. MISCELLANEOUS

7.1. Changes to Site and Services. WasteBuySell.com reserves the right, in its sole discretion, to modify, suspend or terminate any aspect of our Site and Services, including, but not limited to, content, auction features, news and information, and product categories without notice.

7.2. Record Keeping. WasteBuySell.com cannot guarantee the preservation or maintenance of records relating to historical auction transactions and bidding activity and encourages You to keep individual records and an accounting of all activity conducted through our Site.

7.3. Notice and Communication. Unless stated otherwise, all notice and communication with You will be provided by e-mail to the e-mail address provided by You in their registration application or via posting on the Site. Notice will be deemed to have been provided 24 hours after the e-mail was transmitted by WasteBuySell.com or the information was posted on the Site.

7.4. Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of the State of Nebraska. Any right to trial by jury with respect to any claim, action, suit or proceeding arising out of this Agreement or any of the matters contemplated hereby is waived. You further agree to the exercise of personal jurisdiction in the State of Nebraska in connection with any dispute or claim involving WasteBuySell.com .

7.5. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision will be enforced to the maximum extent permissible and the remainder of this Agreement will continue in full force and effect.

7.6. Waiver. The failure of WasteBuySell.com to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision in the future.

7.7. Independent Contractor Relationship. The relationship between You and WasteBuySell.com is that of an independent contractor. No agency, partnership, joint venture or franchise relationship is implied, intended or created by this Agreement.

7.8. Intellectual Property. All inventions, know how, improvements, discoveries, methods, processes, concepts, designs, ideas, prototypes, samples, drawings, documents, blueprints, specifications, computer or intellectual property programs, methods of doing business, data in WasteBuySell.com ' databases (including but not limited to databases containing bidders, Buyers and other users of the Site and their names and contact information), systems, copyrights, trademarks, trade names, software and/or other works conceived of and/or reduced to practice or writing or otherwise relating in any way to the Site or the Services are the exclusive intellectual property of WasteBuySell.com( the " WasteBuySell.com IP"). In addition, all content contained on the Site is WasteBuySell.com IP that is copyrighted material, and WasteBuySell.com retains and reserves all rights and interests in the content. WasteBuySell.com IP may be created by one of more of WasteBuySell.com' employee(s) alone or jointly with a user or users of the Site or Services arising from the users' use and development of the Services or as a result of feedback regarding the Site or Services ("Feedback"). All right, title, and interest in any WasteBuySell.com IP will belong to WasteBuySell.com and will be subject to the conditions of this Agreement. You hereby irrevocably assign toWasteBuySell.com all right, title, and interest You may acquire in any WasteBuySell.com IP, whether or not generated from Feedback. Public Surplus may, at its option, file an application for intellectual property protection for WasteBuySell.com IP. If any such WasteBuySell.com IP is created with Your participation or Feedback, You agree to cooperate withWasteBuySell.com to assure that such application(s) will cover, to the best of Your knowledge, all related assets, including all features of commercial interest and importance. WasteBuySell.com IP is the sole and exclusive property of WasteBuySell.com and may not be used, copied, reproduced, modified, published, transmitted, distributed, displayed, or sold, or derivative works created, without the prior written consent of WasteBuySell.com. Furthermore, You may not provide access to, or information from, the Site to any other party without 'WasteBuySell.com prior written consent.

7.9. Copyrights. The Site may contain copyrighted, trademarked, or other proprietary materials that belong to third parties and are used with the owner's permission. You agree not to copy, modify, distribute, or create any derivative work from such materials without prior written consent from the owner. You will indemnify and hold Us harmless, as provided for previously in this Agreement, from any claim or demand made by a third party due to or arising out of your violation of any law or rights of a third party.

7.10. Trademarks. The Site and WasteBuySell.com' tradenames, domain names and logos found on the Site are trademarks or service marks of WasteBuySell.com. No display or use of such marks may be made without the express written permission of WasteBuySell.com. All other designated trademarks or service marks are the property of their respective owners.

7.11. Assignment. This Agreement may not be assigned by You or by operation of law to any other person, persons, firms or corporations without the express written approval of WasteBuySell.com. However, You agree that this Agreement and all incorporated agreements may be assigned and delegated by WasteBuySell.com in our sole discretion to any party and will be assigned and delegated automatically in the event of a merger of WasteBuySell.com with another party.

7.12. Entire Agreement. This Agreement constitutes the entire agreement between You and WasteBuySell.com, and supersedes any previous agreements, whether oral or in writing, between You and WasteBuySell.com relating to the subject matter hereof. may, at its sole discretion, remove or change any aspect of this Agreement at any time by providing notice to You.

7.13. Survival. The warranties, covenants and representations of the parties to this Agreement will survive termination of this Agreement.

7.14. Headings. Headings are for reference purposes only and in no way affect the interpretation of this Agreement.

7.15. Oral Statements by Representative. Any oral statement or representation by any representative of WasteBuySell.com changing or supplementing this Agreement or any terms of bidding or sale on the Site, is unauthorized and ineffective and confers no right on You and may not be relied upon by You. No interpretation or purported amendment or change of any provision of this Agreement, including applicable performance requirements, is binding on WasteBuySell.com unless agreed to, in writing, by WasteBuySell.com.

7.16. Public videos are hosted on YouTube. When you upload a video for public viewing, we may upload it to YouTube. In this case, you must accept YouTube's Terms of Service as well.

WasteBuySell.com provides online bid boards, auctions and stores and facilitates other online transactions on WasteBuySell.com and other websites (collectively, the "Site") for governmental bodies and others ("Sellers" or "You") to sell surplus goods and other property and assets to buyers of all types ("Buyers"). As a condition to accessing and using the Site and receiving the benefit of WasteBuySell.com 's services provided through the Site and otherwise (the "Services"), Public Surplus requires that You review and accept this Seller Agreement (this "Agreement").