Terms of Use governing access to and use of the Auto Trade Buy platform. Section 26 requires most disputes to be resolved by individual binding arbitration and includes an opt-out.
Effective 26 August 2026 Last updated 26 August 2026
Welcome to AutoTradeBuy, a Platform owned by The Dutton Family Irrevocable Legacy Trust (the “Trust”). AutoTradeBuy is operated by JOHN DUTTONS LIVING TRUST (“AutoTradeBuy,” “ATB,” “we,” “us,” or “our”), acting for and on behalf of the Trust and in accordance with the authority granted by the Trust and applicable law.
These Terms and Conditions / Terms of Use (“Terms”) govern your access to and use of the AutoTradeBuy website, services, vehicle listings, advertisements, features, communications, and other content or services made available through AutoTradeBuy (collectively, the “Platform”).
By accessing or using the Platform, creating an account, submitting a listing, purchasing a paid service, or clicking an acceptance button referencing these Terms, you agree to be bound by these Terms and all policies incorporated by reference. If you do not agree, you may not use the Platform.
If you use the Platform for a business or other entity, you represent that you have authority to bind that entity. The entity and the individual accepting these Terms are jointly responsible for compliance.
The AutoTradeBuy name, trademarks, service marks, trade dress, domain names, website, applications, Platform software, databases, content, systems, business assets, goodwill, and related intellectual-property rights are owned by, or held for the benefit of, The Dutton Family Irrevocable Legacy Trust.
AutoTradeBuy is operated and administered by JOHN DUTTONS LIVING TRUST, in its capacity as Trustee of The Dutton Family Irrevocable Legacy Trust. References in these Terms to “AutoTradeBuy,” “ATB,” “we,” “us,” or “our” include the Trust and the trustee, fiduciaries, agents, affiliates, successors, assigns, and authorized operating entities acting in connection with the Platform, as applicable.
The trustee or authorized operating entity is authorized to administer the Platform, enter into these Terms, collect fees, license or protect Platform intellectual property, enforce Platform policies, and pursue or defend claims relating to the Platform, subject to the Trust's governing instrument and applicable law.
Nothing in these Terms creates a beneficiary, fiduciary, agency, partnership, joint-venture, employment, or other relationship between a user and the Trust, trustee, or AutoTradeBuy, except as expressly stated in these Terms.
Where presented with an acceptance checkbox or button, you must affirmatively indicate your agreement to these Terms and the Privacy Policy. AutoTradeBuy may maintain records of your acceptance, including the applicable version, date, time, account information, and related technical information.
Electronic records and communications may satisfy any legal requirement that communications be in writing, to the extent permitted by law.
You must be at least 18 years old and legally capable of entering into a binding agreement to create an account, submit a listing, purchase a paid service, or use any feature requiring contractual consent.
You may not use the Platform if:
AutoTradeBuy provides an online classified advertising and vehicle-listing platform. AutoTradeBuy is not a party to transactions between users.
Unless AutoTradeBuy expressly agrees otherwise in a separate written agreement, AutoTradeBuy:
Any purchase, sale, deposit, payment, financing arrangement, inspection, title transfer, delivery, warranty, or other agreement concerning a vehicle is solely between the applicable parties.
The appearance of a vehicle, seller, dealer, advertisement, photograph, price, description, or other information on the Platform does not constitute an endorsement, certification, recommendation, warranty, or guarantee by AutoTradeBuy.
AutoTradeBuy does not guarantee:
Users must independently investigate and verify all information material to a proposed transaction.
You must provide accurate, complete, and current information and keep it reasonably updated. You are responsible for safeguarding your credentials and for activity conducted through your account.
You may not sell, transfer, rent, share, or permit unauthorized use of your account. You must promptly notify AutoTradeBuy of suspected unauthorized access.
AutoTradeBuy may request reasonable verification of an account, listing, vehicle, seller, dealer, or other information for fraud prevention, security, enforcement, or legal compliance. Verification does not constitute an endorsement or guarantee.
A person listing a vehicle as a private seller represents and warrants that:
AutoTradeBuy may classify or reclassify a user as a commercial seller or dealer based on the user's activity, representations, inventory, or other information.
Dealers, brokers, businesses, and other commercial sellers are solely responsible for all licenses, permits, registrations, disclosures, records, advertising practices, taxes, financing disclosures, and other legal requirements applicable to their activities.
Commercial sellers may not misrepresent themselves as private sellers. AutoTradeBuy may require dealer-license information, business-identification information, additional disclosures, verification, or compliance documentation.
The presence of a dealer or commercial seller on the Platform does not constitute verification or endorsement unless AutoTradeBuy expressly states otherwise.
By submitting a listing, the seller represents and warrants that the seller has lawful authority to advertise the vehicle and that the listing is materially accurate to the best of the seller's knowledge.
Listings must accurately identify material information, including, where applicable:
Sellers must promptly correct materially inaccurate information and remove or update listings when a vehicle is sold or unavailable.
AutoTradeBuy may format, resize, categorize, translate, display, syndicate, or technically modify a listing without changing its substantive meaning.
Users may not use the Platform to:
AutoTradeBuy may investigate suspected violations and may remove content, preserve information, restrict features, suspend accounts, terminate accounts, or take other lawful action.
Buyers are responsible for independently investigating a vehicle and seller before purchasing a vehicle or transferring money. Buyers should verify identity, ownership, VIN, title, liens, mileage, history, condition, recalls, warranties, registration eligibility, price, and transaction documents.
AutoTradeBuy strongly recommends an independent pre-purchase inspection by a qualified professional. Platform information does not replace due diligence or professional advice.
Unless expressly stated otherwise, AutoTradeBuy does not participate in or guarantee payments between users, including cash, checks, wire transfers, electronic payments, deposits, cryptocurrency, payment applications, financing, or escrow.
Users are responsible for evaluating payment methods and transaction risks. AutoTradeBuy does not provide or arrange vehicle financing.
A seller or dealer advertising financing is solely responsible for the accuracy and legality of the advertisement and compliance with applicable law. A financing advertisement does not mean that AutoTradeBuy provides, approves, recommends, or guarantees financing.
AutoTradeBuy may provide warnings, educational materials, reporting tools, verification requests, or safety recommendations. These measures are informational and do not guarantee that a user, listing, or transaction is legitimate.
Users should not send money, transfer possession, provide sensitive information, or sign documents without independently evaluating the risks. Reports may be submitted through the reporting method identified on the Platform. Reporting does not create a duty for AutoTradeBuy to investigate or resolve the matter.
AutoTradeBuy has no general obligation to monitor content or user activity. However, AutoTradeBuy may, in its discretion:
AutoTradeBuy may take action based on actual or suspected violations, complaints, legal obligations, security concerns, fraud risk, or protection of users and the Platform. Enforcement decisions may be discretionary and may occur without prior notice where reasonably necessary.
AutoTradeBuy may charge fees for listings, advertising, upgrades, dealer services, subscriptions, or other features. Prices, billing frequency, service duration, renewal terms, and applicable conditions will be disclosed at purchase.
By purchasing a paid service, you authorize AutoTradeBuy and its payment processor to charge the applicable amount, taxes, and other disclosed charges. You are responsible for accurate billing information.
Unless otherwise stated or required by law:
If a service automatically renews, the renewal price, frequency, cancellation method, and applicable notice will be disclosed before purchase. You may cancel through the method provided by AutoTradeBuy, subject to the applicable service terms.
The AutoTradeBuy Platform, including its original software, website design, databases, graphics, logos, branding, text, organization, functionality, domain names, business records, goodwill, and other proprietary materials, is owned by, licensed to, or held for the benefit of The Dutton Family Irrevocable Legacy Trust.
Except as expressly authorized in writing, users may not copy, reproduce, modify, distribute, sell, license, create derivative works from, reverse engineer, scrape, or commercially exploit AutoTradeBuy or any Platform material.
The Trust and its trustee or authorized operating entity reserve all rights not expressly granted in these Terms. Nothing in these Terms transfers ownership of AutoTradeBuy or any Platform intellectual property to a user.
Without AutoTradeBuy's prior written authorization or applicable legal permission, users may not use robots, crawlers, scrapers, scripts, artificial agents, or similar tools to collect listings, harvest information, copy substantial content, create competing databases, circumvent technical restrictions, or burden Platform infrastructure.
AutoTradeBuy reserves all available rights and remedies for unauthorized access, scraping, data harvesting, or interference.
The Platform may contain links, advertisements, or information from third parties, including dealers, lenders, insurers, vehicle-history providers, payment services, transporters, and inspection providers.
Third parties are independent of AutoTradeBuy. AutoTradeBuy does not control or guarantee their products, services, content, privacy practices, availability, or performance. Your dealings with third parties are governed by their applicable terms.
Use of the Platform is subject to the AutoTradeBuy Privacy Policy, which describes information collection, use, disclosure, retention, security practices, cookies, analytics, advertising technologies, and applicable consumer rights.
The Privacy Policy is incorporated into these Terms where legally permissible. If the Privacy Policy conflicts with these Terms regarding privacy practices, the Privacy Policy controls.
Users may not upload material that infringes another person's copyright, trademark, or other rights. AutoTradeBuy may remove allegedly infringing material and restrict or terminate accounts associated with repeat infringement.
Copyright notices may be submitted to:
Designated Copyright AgentThe notice must contain the information required by applicable copyright law.
AutoTradeBuy may modify, suspend, restrict, discontinue, or replace any portion of the Platform, including features, listings, storage, communications, or paid services. The Platform may be unavailable because of maintenance, outages, security events, third-party failures, or circumstances beyond AutoTradeBuy's reasonable control.
AutoTradeBuy does not guarantee uninterrupted availability or permanent storage of listings, messages, or account data. Users are responsible for retaining copies of important records.
To the maximum extent permitted by law, the Platform and all services are provided “as is” and “as available.”
AutoTradeBuy disclaims all express, implied, and statutory warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, and quiet enjoyment.
AutoTradeBuy does not warrant that the Platform will be uninterrupted, error-free, secure, complete, current, or free of harmful code, or that user content or third-party information is accurate or reliable.
Nothing in these Terms excludes a warranty, right, or liability that cannot lawfully be excluded.
To the maximum extent permitted by law, AutoTradeBuy and its owners, officers, directors, employees, contractors, agents, affiliates, licensors, and successors will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, business, opportunities, data, or goodwill.
This limitation applies to claims arising from or relating to listings, vehicles, users, transactions, payments, fraud, communications, third-party services, platform interruption, data loss, or reliance on user content.
To the maximum extent permitted by law, AutoTradeBuy's total liability for all claims arising from or relating to the Platform will not exceed the greater of: (a) $100; or (b) the amount the claimant paid directly to AutoTradeBuy during the twelve months preceding the event giving rise to the claim.
These limitations do not apply to liability that cannot lawfully be limited or to AutoTradeBuy's fraud, willful misconduct, or gross negligence to the extent such exclusion is prohibited by applicable law.
These Terms, the relationship between the user and AutoTradeBuy, and any dispute, claim, or controversy arising out of or relating to the Platform, AutoTradeBuy, these Terms, or any transaction involving AutoTradeBuy will be governed by and construed under the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent federal law or mandatory law requires otherwise.
The parties acknowledge that AutoTradeBuy is owned by or held for the benefit of The Dutton Family Irrevocable Legacy Trust. To the fullest extent permitted by law, the Trust, acting through its trustee or authorized representative, will establish and govern AutoTradeBuy's contractual dispute-resolution procedures, including the procedures stated in these Terms.
The Trust is not a court and does not independently adjudicate disputes. Any dispute must be resolved through the procedures and in the forum specified below, unless the parties separately agree otherwise in a signed writing or applicable law prohibits enforcement.
Please read this section carefully. It requires most disputes between you and AutoTradeBuy to be resolved through individual, binding arbitration rather than in court, and it limits the manner in which disputes may be brought. Section 26.10 explains how to opt out within 30 days.
Except for the claims expressly excluded below, you and AutoTradeBuy agree that any dispute, claim, or controversy arising out of or relating to:
will be resolved exclusively by final and binding arbitration on an individual basis.
This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16, to the fullest extent permitted by law.
The arbitration agreement is intended to be broad and includes claims based on contract, statute, regulation, tort, fraud, misrepresentation, negligence, unjust enrichment, or any other legal or equitable theory. It applies to claims that arose before or after your acceptance of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, except as modified by these Terms or applicable law.
The AAA rules are incorporated into this arbitration agreement. If the AAA is unavailable or unwilling to administer the arbitration, the parties will select a comparable arbitration administrator by agreement. If they cannot agree, a court of competent jurisdiction may appoint an arbitrator or administrator.
If the AAA Consumer Arbitration Rules conflict with these Terms, these Terms control unless the conflicting provision is unenforceable under applicable law.
A party seeking arbitration must first provide the other party with a written notice of dispute. The notice must include:
The parties will attempt in good faith to resolve the dispute informally for 30 days after receipt of a complete notice. If the dispute is not resolved, either party may initiate arbitration by submitting a demand to the AAA and serving a copy on the other party.
Notice to AutoTradeBuy must be sent to:
The Dutton Family Irrevocable Legacy TrustThe arbitration will be conducted remotely by telephone, videoconference, or submission of written materials unless the arbitrator determines that an in-person hearing is necessary or the parties agree otherwise.
For an in-person hearing, the hearing will take place in the county where you reside or another reasonably convenient location agreed upon by the parties, subject to the AAA rules and applicable law.
The arbitrator may award any individual relief that would be available in court under applicable law, but may not award relief affecting persons who are not parties to the arbitration.
The allocation of arbitration filing, administrative, hearing, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules and applicable law.
AutoTradeBuy will not require you to pay arbitration fees that you are not required to pay under applicable law or the AAA Consumer Arbitration Rules. Each party will generally bear its own attorneys' fees and costs unless the arbitrator awards fees under applicable law, the parties' agreement, or the AAA rules.
To the fullest extent permitted by law, you and AutoTradeBuy agree that each may bring claims against the other only in an individual capacity and not as:
Unless all affected parties expressly agree otherwise in writing, the arbitrator may not:
If this waiver is found unenforceable as to a particular claim or remedy, that claim or remedy will be litigated in court, and the remaining claims will proceed in individual arbitration to the fullest extent permitted by law.
Except for disputes concerning the enforceability, scope, or applicability of the class-action and representative-action waiver, the arbitrator — not a court — will decide all threshold issues concerning the interpretation, applicability, enforceability, formation, or validity of this arbitration agreement and these Terms, including whether a claim is arbitrable.
The parties agree that this delegation provision is itself an agreement to arbitrate those threshold issues.
The following matters may be brought in court rather than arbitration:
Seeking temporary or preliminary relief in court does not waive the right to require arbitration of the underlying dispute.
To the fullest extent permitted by law, you and AutoTradeBuy knowingly and voluntarily waive any right to trial by jury for claims that are permitted to proceed in court.
You may opt out of this arbitration agreement by sending a written opt-out notice within 30 days after first accepting these Terms.
The notice must include your name, mailing address, email address, username or account identifier, and a clear statement that you reject the arbitration agreement. It must be mailed to:
AutoTradeBuy Arbitration Opt-OutAn opt-out notice sent within the required period will apply only to the person submitting it and will not affect any other provision of these Terms.
This arbitration agreement survives termination of your account, your use of the Platform, or these Terms.
These Terms and any dispute not subject to arbitration will be governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where applicable federal law or mandatory law controls.
For matters permitted to proceed in court under Section 25, the parties consent to personal jurisdiction in the state courts located in Burleson County, Texas, or the federal judicial district having jurisdiction over Burleson County, Texas, unless applicable law requires another forum.
Users are responsible for complying with all federal, state, and local laws applicable to their conduct, advertisements, businesses, and vehicle transactions.
Nothing in these Terms waives or limits a right or obligation that cannot legally be waived or limited. Mandatory legal requirements control to the extent of any conflict.
AutoTradeBuy may revise these Terms. The current version will identify its effective date or last-updated date.
For material changes, AutoTradeBuy may provide notice through the Platform, account interface, email, or another reasonable method. Where legally required, AutoTradeBuy will obtain renewed acceptance.
Changes will not retroactively alter rights or obligations where prohibited by law. Continued use after the effective date constitutes acceptance to the extent permitted by law.
You consent to receive transactional and administrative communications electronically, including account notices, security alerts, listing notices, legal notices, and service communications.
Marketing communications are separate from transactional communications. Promotional email or text messages will be sent only as permitted by applicable law and may include an opt-out method. Marketing consent is not required to use the Platform, and withdrawing marketing consent does not necessarily stop transactional or legally required communications.
You are responsible for maintaining accurate contact information.
AutoTradeBuy is not responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil disturbance, labor disputes, governmental action, power or telecommunications failures, internet disruption, cyberattacks, third-party service failures, or public-health emergencies.
To the fullest extent permitted by applicable law, The Dutton Family Irrevocable Legacy Trust, its trustee, successor trustees, beneficiaries, fiduciaries, agents, representatives, affiliates, and authorized operating entities are intended third-party beneficiaries of these Terms and may enforce provisions that benefit or protect them.
No trustee, successor trustee, beneficiary, fiduciary, employee, agent, or representative of the Trust assumes personal liability for obligations of the Trust or AutoTradeBuy solely by reason of serving in that capacity. Nothing in this section excludes liability that cannot lawfully be excluded or limits liability arising from a person's own fraud, willful misconduct, or other nonwaivable conduct.
A failure or delay in exercising a right does not waive that right. A waiver of one violation does not waive any other or subsequent violation.
These Terms, the Privacy Policy, applicable listing rules, prohibited-content policies, dealer rules, paid-service terms, and other policies expressly incorporated by reference constitute the entire agreement concerning use of the Platform.
If an incorporated policy conflicts with these Terms, the following order controls:
Legal notices to AutoTradeBuy or the Trust must be sent to:
The Dutton Family Irrevocable Legacy TrustNotices to users may be sent to the email address, physical address, account interface, or other contact information associated with the user's account.
Headings are for convenience only. “Including” means “including without limitation.” The singular includes the plural and vice versa. These Terms will not be construed against either party solely because that party drafted them.
Questions regarding these Terms may be directed to:
AutoTradeBuyBy clicking “I agree,” accessing or using the Platform, creating an account, submitting a listing, or purchasing a paid service, you acknowledge that you have read, understand, and agree to these Terms.