Dealer Agreement/Terms of Service

This agreement made between LocalCarBids.com (LOCAR) and the DEALER describes the terms and conditions applicable to DEALER's use of LOCAR under the domain names www.localcarbids.com and localcarbid.com

You must read, agree with and accept all of the terms and conditions contained in this Agreement. This Agremment may not be ameded except in a writing signed by both DEALER and PENN. This agreement is effective upon acceptance of this Agreement by DEALER.

1. Internet Location
Although the word, "auction" is occasionally used on the site, LOCAR is solely an internet location where DEALERS are able to list their vehicles for sale and consumers (referred to as REGISTRANTS) are able to bid on those vehicles. LOCAR is at no time acting ans an auctioneer.

2. Use of Site
Localcarbids.com/localcarbid.com (LOCAR) authorizes the use of the Dealer Administration Website (SITE) by the Dealer (DEALER) in accordance with the terms of this agreement.

2A. Posting of Auctions by DEALER
DEALER will be able to post vehicles to SITE by using a username and password issued by LOCAR at the time this agreement is entered into.

DEALER must provide information as requested in the ADMIN of SITE for each vehicle added to SITE

Once a vehicle is submitted for auction, it will be live on the Internet and consumers will be able to view the information and images, email questions to DEALER and bid on the vehicle.

When time for submission of bids on a vehicle has expired, DEALER will be notified by email. The email may state that the vehicle had no bidders and did not sell, in which case the dealer may list the vehicle again via the admin. Alternatively, the email will give the name, phone number and email address of the winning bidder.

2B. Images and Content
DEALER agrees that all information that is osted to LOCAR via the SITE is DEALER's property and DEALER has the legal right to post it. All vehicles posited via text and images will be accurately presented by DEALER without any false claims or advertising. DEALER will not post any obscenities, pornography, or any otehr items that are not directly related to auto auctions. DEALER will not post any other items on the SITE other than automobiles.

2C. Property of LOCAR
All interfaces, code, databases or anything else proprietary to LOCAR is the property of and shall remain the property of LOCAR

2D. Appearance of the SITE
DEALER understands that LOCAR may change the appearnce of the SITE at anytime and that this could change the presentation of DEALER's auctions.

2E. Removal of Auction
LOCAR reserves the right to remove any auction at any time beause of a breach of agreement by DEALER or any other reason which LOCAR feels is necessary to protect LOCAR's interest, the interest of the DEALER or the interest of the public.

3. Indemnity
DEALER agrees to indemnify and hold LOCAR and SITE harmless from any claim or demand including reasonable attorneys' fees, made by any Registrant or DEALER or third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party. DEALER further agrees to indemnify and hold LOCAR and SITE harmless with regard to loss or damage experienced through the use of this system LOCAR.

4.Release
In the event DEALER has a dispute with one or more REGISTRANTS, USER agrees to release and hold harmless LOCAR and SITE from all claims, demands, damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way conneted with such disuputes

5. Breach of Agreement
Any breach of this agreement may result in suspension of services without notice.

6. Compliance with Laws
DEALER shall complly with all applicable state, domestic and international laws, statutes, ordinances and regulation regarding the use of LOCAR and SITE, listing, purchasing, bidding on and sale of vehicles.

7. Governing Law
This Agreement and the rights and obligations of the parties hereto shall be governed by and construed and enforced in accordance with the laws of the State of Florida.

8.Advertising on LOCAR and Widget
DEALER agrees that advertising that is on LOCAR can and will appear on DEALER's pages on LOCAR. Advertisements can and will also appear on the "auction widget" that is provided to DEALER which allows DEALER to have their auction on website owned and/or maintained by DEALER.

9.Syndication
DEALER agrees that vehicles posted on LOCAR can be syndicated to other websites to promote LOCAR as well as DEALER's vehicle(s).